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HomeMy WebLinkAboutResolutions 9705 N.C.S. 03/21/1983_ r ~~ , ~ - 'MpR W 1 i983 ~ -~ ; ~ ~~ - ~ .~ Resolution N~. 9~ n~_ N. C. S. of the City of Petaluma,:California A R~SOLUT:IO.N DESIGNATTNG THE CITY~ :MANAGIER THE AGENT OI' THE CITY QF PETALUMA IN ALL NIATTER5' PERTAIN;ING TO FEDERAL AND STATE ASSISTANCE UNDER THE DISA5TER RELIEF AGT (PUBLIC LAW 288, 93rd CON:GRESS) BE IT RESOLVED t,hat the City Manager, John L. Scharer, is hereby authorized to execute for and in behalf of the City of Petaluma, a California municipal corporation, under the laws of the State of California, an eapplication and to file it in the appropriate State office of the State of California, 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; and, BE IT .FURTHER RESOLVED THAT THE City Council of the City of Petaluma hereby authorizes its agent to provide the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements pursuant to the Exhibit A attached hereto and made a part hereof . Underthe power and authority conferred upon this Council by the ChArter of said City. I' hereby certify the foregoing Resolution was intYocluced and adopted by the o edras Council of the City of~ P.etaluma at a(Regular) ~~~~~gi~j meeting f~ on the _...._~a.S.t..._:.._ day of ...----•.-••••-~1dr.Ch.••--•--•-•••••••.--•-•,...., 19.8.2., by the ; following vote: -:i -- •------.--.~1. Ci y Attorney ; AYES: BALSHAW/BATTAGLIA/CAVANAGH/VICE-P~IAYOR. ERRY/MAYOR MATTEI - NOES: ABSENT: OND/HARBERSO ~ , ' I ~~ ~ ~ i/' ! ~C~C.~ ~ " --._ .. ATTEST: .....-•••--••... ' •-•••• .. ._ .. L.~.~•;••-•,•-•=_-••• y;•..,...•••---••--• -••••••-••--••-•... •. .... . ••-• •-•••........ -• -•• •- .- • ......... ...... ..•-••••.••-•=-- -•--- ~ City Clerk ~ Mayor ., ' Council File.. .. .. . ......:.. ~o_rm C 2 7/81 Res. No.....~ ~.~ ~....r1 . C..S . 1\ . . ` MAR ~ 1 ~y~~ ~ . » ~- ' APPLICANTASSURANCES ~ The Applicant h~r(bl;astiu~os and.ce~tifics that he:will comply with the FEb1A regul5tions, policies, Kuidelines, and reryuirements including ' ~ O~IB's Circul irs No. ~1~9:~ and r\•10'l; and F'~1G 74-4, as they relate to thc application, acceptance and use,oP Federal funds for this Federally- assisted prq~~ct. ~Vsu; the ~lpplicant giJes assurance and certifies with respec[ to and as a,conditiort for the grant fhat: , Xe . ~ 1: IN possesses Je{;al authorify [o apply .For the grant, and [o finance 15. IC will comply with the provisions oF the Hatch Act which limit .ancl ctinstruc[ the proposed facilities; tha[ a resolutium, motion or Che political activity'oC employees. ^ , similai action has 6een duly adopted or passed as an ofCicial act oC;thr ~p~ilicant's governinR, li~dy, authorizing; [he I'iling of the 16. I[ will. comply with the minimum wage nnd maximum fiou"rs _ apphcation, ~ncludin}~ ~II ii'nders6andings and assurances contained provisions oF the Federal Fair Lahor Standacds r1ct, as they apply to r; <~• 'therEin 'ancl dinct~n~ ~nd ~uthpniing [he person identiCiecl as the hospital and educational institution employees of Sta[e and f~; ^ offia~l re~xes~nti[iyi~ of fhe ~~ipl~cant'to act"in connection with local governments. ~`•~' the applicaEion ancl to ,provide such add~Uonal inPormation as ` may hc requircd. 2. It will compl~ C}~ith the provisions oF: Executive Order 11988, reiatinG to Flood~lain Jlanaj;ement and Executive Order 11990, relating to Protecuon of ~Ve[lands. 3. It w~ill have suCficient ,fun~s availalile Eo meet the non=Federal share o( the cost 1'or construction projects. 'Sufficient funds will be available when construc[ion is completedl to assure ef(ective operation and maintenance of the facility `for.the.purpose constructed. d. It will not enter into a;construction contract(s),for the project or undertake other activities u'ntil [he conditions of the grant pro- gram(s) have been met. 5. It will provide and maintain competenE and.adequa[e architectur- al engineering supervision and inspection ah;the constructionsite [o insure that .the completed work con(orms. wi[h. the approved plans and specifications; Chat it wilh furnish progress reports and such other informa[ion as the Federal grantor agency may ' 6. It will operate and maintain the facility'in accordance with the minimum standards ,as may be .required', oc prescribed by the applicable Federal, State and 1oca1 agencies ;for the maintenance and opera[ion of such facilities. 7.. It wili give the grantor agency and the Comptroller General, through any authorized representative;, access to;and the right to examine all records, books, papers~ oi documentsyrelated to the grant. 8. It will require the facility to he designed to comply with the "rlmerican Standaid. Specifications for 'Ivlaking Buildings and F'acili(ies Accessible Co, and Usafile by the Physically Handi- capped," Number a1117.1-1961; as modified (41 CFR 1~01-17- 7031 ). The apE~licanh ~will 6e :responsible for conducti'ng in- spections to insure' compliance with these specification§ by the contractoc. 9. [t will cause work, on the project .to' be commenced within a reasonable time after rec'eipE of ~notiFication Crom the approving. Federal agency that furids have 5een ap~roved and will see that work on the project will be• prosecuted to completion wiLh, reasonable diligence. ]0. It will not dispose of or encumber i[s title or other in[erests in the site and (acilities during the period; of Federal. in[erest or while the Government hblds 6onds, whichever is th'e longer. 11. I[ a~rees to comply with Section 311, P:L. 93-:288 and with Titlc VI of t6e Civil Rights Act tif 1964 (P:L. 83-352) and in accordance with.Titlc VI of the Ac[, no person in the United States shall, on the gr6und oF<race; color, or na[ional origin, be excluded from ~~articipati~n ,in, be denied the benefits o!, or be otherwise subjected to disc~iminaLion, under any program, or activity for which, the applicant recei'ves N'ederal' Cinancial xs- sis[3nce- and' will iiinmedi'aEely take any measures necessary to c(fectuate this akreemenC. IF any real property or strucwre is provided or iniproveii' wi[h the aid of FederSL,financial assisb- ance extencied to tFie ~~pplicant, tNis assurance'sfial[,obliga[e the Applican[,~ or in ~tfie cZSe oE ~any transfer oC such properEy, any trans(eree, For thc period during which the real property or structure is used Cor-a purpose Por which Che'Feclc~al financial assistancr. is extencle8 0~ ,for another purpose involving the provision of similar,services ~o~ benefi~ts. i'l. It will estahlisk saCeguariisf to prohihi[ employees Ctom' using their positions ~f'or .a purESqse, that is or gives [he. appearance of being motivated .6y a desire' (or private gain.'for [hemselves or . oEhers, particularly those with whom the y have, family,'business, o'r uther ties. 13. It will comply with the requirements of Title ti and Title III of the Uni(orm Relocation rl:csisEance and Real Property Acqui- sitions Act of L97-0 (P.[„ 9.1~646) wh'ick provides for fair and eyuitable. treatment of persons displace~l as a~ result oC Federal and Federally-.assisted prqgrams. S4:' It will comply with all 'r"equirements, impqsed by [he Federal grantor agency concerning special requirements of law, program regui~emen[s, and other administralive requi~ements approved in ~acc'oidance .with O!19B Circular A-102, P,L. 93-288 as amended, ~ .and'3~plicable. Federal Kegulations. ~ . ~ ~ , _ . .. ,~9\ 17. (To the best of his knowledge and belief) the disaster relief woek described on each Federal Emergency Management Agency (FEib1A) Project. r~pplica6ion for which Federal Financial as- sisEance is reyuested is eligible :in accordance with the criteria contained in 4~ Code of Federal Regulations, Part 20~, and. aPplicable FEYIA Handbooks. 18. T.he etnergency or disaster. relief work Lherein described for wfiich Federal Assistance is requested hereunder does not or will no[ duplicate beriefits received For the same loss from another source. 19. It will (1) provide without cost to the United States all lands, easements and ri'ghts-of-way necessary for accomplishmentbf [he approded work; (2) hold and save the United S[ates free from damages due to the approved work or Federal Cunding. 20. Tfiis assurance is given in consideration of and for the purpose.oP obtaining any. and all Federal' grants, loans, reimbursements, ad- va,nces, contracts, propertg, discounts of other Federal financial assistance extended after the date hereof to the Applicant by REb1A, ttia[ such Federal Financial assistance will be extended in reliance on "[he repTesentations and agreements made in this as- surance and tNat the,'United States shall have the right to seek. judicial "enforcement of ,this assurance. This assurance is binding on the applicant, its successors, transFerees, and assignees, and the person oc persons whose signatures appear on tfie reverse as au- thoriied to sign this assuiance on behalf of the applicant. 21. It will complq with the Clood insurance purchase requirements of Section 102(a), of the Elood Disas[er Protection rlct of 1973, Public Law:93-23~k, 8:7 SLa[. 975, approved December 31, 1973: Section 102(a) requires;.on and after March 2, 1975, lhepurehase of Clood ins~irance in communities where such insurance is available as a"conditiqn Cor tKe receipt of any Federal financial assistance for construction or acquisition purposes For use in ant "~ area that has been"iden[ified by (he Director, Federal Emergencv D9anagement r~gency as an area havingspecial.tlood hazards. The ,~~'.\ phrase ''Federal financial assistance" includes any form o( loan, -~ grant, guaranty, insu~ance payment, re6ate, subsidy, disaster assistance rloan or grant, or any other form of direct or indirect Federal assistance~. ~ 22. It will comp.ly witfi the insurance requirements of SecEion 314, PL 93-288;, to.obtain,3nd maintain any' other insurance as may be ^reasonable, acleguate, and necessary to protec[ against further loss [o any ,property. which was replaced, reslored, repaired, or con- structed ~vith this'~~assistance. ~ 23. IL will defer.funcling of any projects involving flexible funding until, FEMA makes a javora6le environmental dearance, i( this is reyuired. 24. It wilt assis[ the Feclerai grantor agency in i[s compliance w•ith Section 106 of the National Historic Preservation AcL of 1966, as amended, (t6 U.S:C ~ iOJ, Executive Order 11593, and [he Archeological and Historic Preservation A'ct of 1966 (1:6 U.S:C. 469a 1 eE sey.) by (aJ consul[ing wi[h the State Hi,toric.P.reser va[ion Of(icer on the coriduc't of investigations, as necessary, to identify properties listed in or eligible for inclusion in ttie National Register oF Historic places that are subject tb adverse effects (see 36 CFR. Part 800.$) by the activity,,and notifying . the Federal granlor a~ency of the ezistence "of any,. such ~roper- [ies, and hy (b,)-complying with ail Fequirements established by the :FeBeral grantor agency to avoid or initigate adverse effects. upon such,p~oper[ies. ~ ~ 25. IL will, ~f~e'any. repairs or construction financed herewith, comF~l}• with ap~li'ca61e stanclar~ls of sa(ety, decencg and sanita[~on ;and in conformity with applicable codes, spec.ifications and s[an- ~ards; aiid, will evaluate the nawral hazarcls in areas in ,which the proceeds of the grant or loan are.to'be used and [ake ap- prdpriate action to mitigate such hazards, including safe land use_andconstruction practices. , STATE ASSURANCES 1 The State ag~ees to take any necessary. ac[ion within Sta[e capabilities' to ,require compliance with [hese assurances and aqreements by the applicant oc .to assurtie res.ponsibili[y to the Federal government for - ~ any deficiencies nol resolved to the satisfaction of the Regional Director. ~9'~~~ M.