HomeMy WebLinkAboutResolution 9362 N.C.S. 01/18/1982`
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9362
Resolutio~ 1~10. N. C. S.
of the City of Petaluma; California
. A"RESOL.UTION DESI.G~lAT_I;NG THE. C~ITY'~tANRGER THE AGENT OF THE
CITY OF PETALUMA `IN ALL MATTERS ~PERTAIfVI~NG TJ fEDERAL AND
S1'ATE ASSI°STANCE UN'DER THE DISASTE~R
RELI:EF:ACT (`PUBLIC~LAW 288, 93rd
.. ~ CONGRESS)
BE IT RESOLUE~D :that the City Man.ager,,Jo,hn L. Seharer, is hereby
authorized to execute for and in behalf of the City of'Petaluma, a California
municipal corporation9 under the laws of the State of:Cal_ifornia, an applica-
tion and-to file it in.the:aparooriate State office o~f tfie State of California,, ~
for the purpose of obtain3ng certain Federal fin_anci~al assistance under the
~ Disaster P,elief Act {Public Law 283, 93!rd Congress) or otherwis;e availabl~e
from the'Fresident's Disaster Relief Fund; and.,
BE~.,I;T FURT;I~ER RESQLVED that the Ci~ty Council ~of the City of Petaluma
hereby a"u~thorizes i'ts•agent to provi'de to the St"ate and.to the Federal Emergency
_ Management Agency (FEMA) for all matters•pertai'ning tos~ich F'ederal disaster
assistance the assur.ances an:d agreements pursuant to the E;xhibat A attached
here`to and made •a part hereof. ~
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_. Under ,the. power and authority conferred upon this Council;~by the Charter of eaid City.
I hereby eertify the foregoing Resolution 'was~ intr'od`uced and ad"opted by the
- Approved as to
, .- Council of the ~ Ciry of Petalumai at a(Regular`)~ (~~~~c~~~~ meeting {orm
on Ehe 1F$tYl' :.;.,. day of~: '-..~.;January ........:............. 19. $,f~..~ by the
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following vote: ` '
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. Giry Attorney
AYES: PERRY, BOND, HARBERSON, BALSHAW, ~B~ATTAGLI'A; VICE MAYOR. CAVA~NAGH, "
MAYOR. MATTE I - _ •
NOES: NONE , _ ', .
ABSENTc O ' • ~ ~
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A'TTEST: . ..,- _. .- .. . . - - --. .. :. . .: .. ._ _._ .;.- . _,_. -- ~~ ~---~1.~~~'?~L~k~ .~ . ...
~ ~ • ' Crty Clerk ' " ~~.J~~`~ ` [ ~ayor . ,_ , . . ~ , ' . '
. ~ . ~ 'COUNCIL FIC .._. .. . . . . . ~ ~
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- ;FORM~ CA~ 2. t~/,80' ~ . ~ ~ Res'~. No: ' ' . ti`, e4~~I, - ~ . . .., .._. _ . ~
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APPLICANT ASSURANCES
~~ 'Che rlpplicant hereby assur~•s;an,c1 certifies thaq.he will comply with the FEA1r1 rc~ulations„pblicies, ~*uidelines;,and requiFements includin~
OM~3's Gircul;irs Nu. i~-~35 ancl A-1Q2, an'cl F'b1G74•4', as<they relate to the applicafion, acceptence andiuse of Ee8eral funds.(or [his Federaily-
<+assisted project. .Vso, the ~lpplican[ gives assurance and certifies with respect to and as a condition fo~ [he grant [hat: .
1. It possesses legal authority to apply for the,Rrant, and to finance
and cons[ruc[-tNe p~op~ced~facilities; Ehat a;resolution,:motion or
similar action has' been ciuly adopted or passed as an` official act
of the applicanf's kove~nirig hndy, authorizing the filing oC tfie
application, incluclin~ all understandings and assurances containe~l.
thcrein, and direcCin{;',and authorizing the person' identified asvChe
officia(:rep'~cse~itafive bf the applicant to act in connection with
thc applica(iun. anil tq provide such additional infotma[ion as
may bc rcyuired. _
2. `It wilL~comply, witfi the provisions o(: Executive Order 11988,
rclating `to Flooilplain. 115nagement''and Executive O~dcr 11990,
relating"to Protection of \Vetlands.
3L It will' have sufficicnt funcls availa6le 40 _meet the; non~FederaP
sharc of'[he cost (or'construction projccts. Sufficient (unds will
lie available w•hen construction is completed to' assure ef(ective
operation and maii~tenance of tfie facility (or tfie purpqse
consiructed'.
4. I[ will not entec into a construction contract(s) (or the project or
~ undertake other activities untif the conditions o:f ,[he grant pro-
gram(s) have been met. .
5. It will provide and maintain competent and adequate architectur
al engineering sqpervision and inspection aE~.the,construction site
to insure Ehat fhe corripleEed workrconforms'wi[h'the approved
plans and speciCications; tfiat it will (urnish ,progress:repor[s and
such other information as the Federal grantor agency may
6. It will operate and maintain the ,facility in acco~dance witk the
minimum standards as may be req"uired or prescribed by the
applica6le Federal, State and local agencies For the maintenance
and operation oC such (acili[ies.
7. I[ will give the grantor agency and [he Comptroller General,
through any au[horized representative, access to and the right to
examine all records, books, papers, or documents related to the
gran[. '
8. It will require the (acility 'to be designed to comply with the
"American Standard Specifications 'far Making Buildings and
Facilities Accessible ,EO, and: Usable by.the P,hysically Handi'-
capped," Number A11Z.1-T961; as_mod~fied (~}1 CFR ,101-T7-
7031). The applicant wiil 6e responsible for conducting in-
spections to insure compliance with these speciFications by
the contractoc
9. It will cause work on the .projecE 'to be commenced wi[hin a
reasonable time after receipt..of no(iCica[ion from the approving.
Federal agency that funds have been approved and will see' tfist
work on the p~oject will be prosecuted •[o completion with
reasonable diligence.
10. dt will not dispose of or encumber its ti[le or othen'interests;in
[he site and facilities duiing the period of Federal interest o~
while the Government holds bonds, whichever is the longer.
~i1.. It agrees to comply with: Section 3;11, P.L. 93_288 and with
Title VI of the Ci4il Rights AcE of 1964 (P.L. 83-352J and in
accordance with Title VI of the Act, no person in the United
Sta[es shall, on the g~ound of race, color, or_national:origin, be
excluded Prom p"ar[icipation in, be denied, the benefits of, or be
otfierwise su6jected 'to, discrimination under any` program or
activity .for which the applican[ receives Federal f~nancial as-_
sistance and wi^ imn~ediately take any measures necessary to
effectuate this agreement: If any Feai properiy or, scructure is
provided oh iinproved with 'the aid' oF Eed'eral financial assist-
ance'extended to the Applicant, this assurance shall. obligate the
Applicant', ,oF in the. case o( any transfer o( such property, any
transferee, for, the period during which the real property or '
s[ructure is used,-for a. purpose`for which tfie Federal financial
assistance is extended or for anofher purpose involving the
provision of'similar services.or beneCifs. '
1`2: ~IE will establish safeguaeds to prohi6iC employees ,from using
tfieir positions fo~ a pucpose thaE is or gives![he.appearance of
6eing mo[ivated tiy a desire for priva[e gain for themselves or
others, particularly. those wi[h whom, they have tamily, business,
orather ties. ~
13. .It will comply with the reguiiements of Ti[le II and Title III of
the Uni(orm Relocation Assistance and Real Property Acyui-
sitions A'c[,,,of 1970 (~P:L:.91-646)' which provi8es (o~ fair'and
eyuita6le `[reatmeri[ of persons displaced as a result of Federal
and Federally'-assisted programs. ,
14.. It will comply with all requirements .imposed by [he Eederal'.
,giantor agency concerning special requirements o( law, program'
iiequiremenfs, and other administrative requirements approved iri
accordance with OD1B Circular A-102, P.L. 93-288 as amended,
and applicable Federal Regul'ations.
LS, It will comply with [he provisions of the flatch Act which:limit
the political;acfivity of employees,
1$. It wiU comply with the minimum wage and maximum hours
provisionso( the Fede~al Fair Latior Stanclards Act, as'they.apply. to
hos~ital . aniJ educational institution empli~yees of State. and
IocaLgyvernments.
17. (To the best oF his knowled~;c and bclief~);the disaster relie( work
described' on' each Fe~leral Emer~r.ncy A9anagement Agency
(FEMt1) Projec[ Application for which Federal Financial as-
sistance is reyuested is eligible in accordance wi[h the criteria
contained in 44: Cocle of Federal Regulations, Part 205, 'and
applicable FEA1A biandbobks.
18. The emergency or disas[er relief work lherein described for
which Feder~l Assistance is reyuested hereiincler does not or
will'noC'cluplicate benefitS reccived for the same loss(rom
anot~her suurce.
19. It will (1) proviile, withiut cos~ to the United States all ,lands,
. easemenl's and rights-oLway necessary (or accomplishment of the
approved work; :(2~) hol'd and save the Uni[ed States free from
damages due to the approved work.or Federal funding.
20. This aasurance is given in ,consideFation of and Cor the purpose o(
obtaining any and all Federal grants, loans, reimhursements, ad-
vances, contracts, prope~ty, discbunts of other Federal financial
assistance extended aft:er the date hereof to the Applicant by
FEMt1, tha[ such F.ederaT Financial assistance. will.be extended in
reliance on the reptesen[ations and agreements made. in this as-
surance and [hat the United Stafes shall have [he righ[ [o seek
judicial enforcement of this assurance. This assurance is binding
on the applicant; its successors, transferees, and assignees, and the
person or persons whose signatures appear on the reverse as au-
Lhorized to sign this assurance on behal( of the applicant.
21. It will comply with the. flood insurance pu~chase requirements of'
Section 102(aj of [he Flood Disaster Protection Act o( 1973,
Pubiic Law 93-234, 87 Stat. 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 condifion for the receipt of any Federal financial
assistance (or construction or acquisition purposes for use in any
area that has been identified by ttSe Directoq Federal Emergency
Management Agency as an area having special.llood hazards. The
phrase `-'Federal 'financial, assistance" includes any form of loan;
grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or granC, or any other (orm of direc[ or indirec[
Federal.assistance.
22. It will comply with the insurance requirements of Section 314,
PL 93-288, to ob[ain and maintain any other insurance as may be
` re~sonable, adequate, ancl necessary to protect against further loss
to any proper[y which was replaced, restore8, repaired, or con-
structed~~with this assistance.
23. It will defer funding of any projects involving flexible funding
until 'FEMA makes a Cavqrable environmen[aL clearance, iC Yhis
is required.
24. It will' assist the Federal grantor agency in .its compliance w~ith
Section 106 of the NatPonal fiistoric Preservation Act o( 1966,
as ameniled, (S6 ~U.S.C 470), Executive Qrder 11593, and the
Archeological and Historic PreservaEion rlct o( 1966 (16 U:S.C.
469a-1 et seq.) by (a) consulting wi[h Che State Historic Preser
vation O((icer on the conduct oC .investigations, as necessary,
to identify properties listed in or eligible for inclusion in. the.
National Register of HisEoric places tha[ are subject to adverse
eFfects (see 36 CFR Pact 500.8) by the activity, and notiLying
the Federal grantor agency of the eKistence n( any such proper-
ties, and by (b) complying with all reqairements established by
the Federal "grantor agency to avoid or mitigate adverse ef(ects
upon such properties.
25. It will, Cor any;repairs or cons[ruction Cinanced herewith, comply
with applicable standards of safe[y, decency and sanitation and
in conformity with applicable codes, specifications and stam
, dards; and; will evaluate the natural hazards in a~eas in which
the prbceeds of'' [he grant: o'r loan are to be used and take ap-
propria[e action to mitiga[e such hazards, including safe land
use and cbnstruction practices
STATE ASSURANCES
The' State agrees to take any necessary action within. State capabilities
to require compliance with these azsurances and agreements by the
applicant or to assume ,responsibility to the Eederal government for
any deficiencies not resolved to ,the satisfacEion of the 'Regional
Director. .
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