HomeMy WebLinkAboutStaff Report Item 4 04/21/1997I I0�q 61
AGENDA ITEM #
KEY WORD: January 1997 Storm
DATE: April 21, 1997
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Engineering Department
Thomas S. Hargis, Director of Engineering
Fleming Nguyen, Associate Civil Engineer
REQUESTED COUNCIL ACTION:
Adopt resolution designating the Director of Engineering as the City's Agent and
authorizing the Director of Engineering to execute the project application for Federal
assistance in connection with the January 1997 storm.
RECONIMENDATION:
Adopt the resolution.
BACKGROUND:
The January 1997 storm caused some erosion to the dike/levee of the City -owned
dredging disposal pond. The City Engineering Department has applied for Federal
Emergency Management Agency (FEMA) funds for the repair of the damage to the
dike. FEMA, through State Office of Emergency Services (OES), requires that the
City designate an Agent who is authorized to execute for and in behalf of the City a
project application for Federal assistance (see Exhibit "A").
ALTERNATIVES:
None.
CONSEQUENCES OF NOT ACTING:
The City will not be eligible for the FEMA funds.
ACTION FOLLOWING AUTHORIZATION:
Forward the approved resolution and the executed application for Federal Assistance to
State OES.
xc: de ace/nguyen file
fema/sb/agenda/a:10
EXHIBIT- "'Aft s,are o1 capmm�a Agreement No, FEMA -
OFFICE OF EMERGENCY SERVICES
P.A. No.
PROJECT APPLICATION FOR FEDERAL ASSISTANCE
Subgrantee's Name: INOrganization UnitIN=. pl Drganuaupnl IDepanmenl!AgenCV -,r aPphcaOiel
Street/P.O. Box:
Zip Code: Telephone:
Title:
City/State: County _
Authorized Agent:
ASSURANCES - CONSTRUCTION PROGRAMS
Note: Certain of these assurance may not be applicable to your project or program. If you have questions, please contact the awarding agency.
Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. it such is the case, you will to
notified.
As the duly authorized representative of the applicant I certify that the subgrantee named above:
I. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (inducing funds suffic:erl to pay the non-
feceral share of project costs) to ensure proper planning, management and completion of the project described in this application.
2. Will dive the awarding agency, the Comptroller Generat cl the United States, and it appropriate, the state, through any authorized representative, access to
and The fight to examine all records, books, papers, or documents related to the assistance: and will establish a proper accounting system in accordance
with generally accepted accounting standards or agency directives. -
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and
instructions from the awarding agency. Will record The federal interest in the title of real property in accordance with awarding agency directives and will
include a covenant in the title of real property acquired in whole or in pad with federal assistance funds to assure nondiscrimination during the useful life of
the project.
4 Will comply with the requirements of the assistance awarding agency with regard ,a the drafting, review and approval of construction Flans and
specifications
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the
approved plans and specificatons and will furnish progress reports and such other information as may be required by the assistance awarding agency or
state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
7 Will establish safeguards to prohibit employees tram using their positions lot a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gains.
8. Will comely with the Lead -Based Paint Poisoning Prevention Act (42 U.S.G. §§ 4801 at seq ) which prohibits the use of leao based pamf m construction or
rehabilitation of residence structures. -
9 Will comply with all federal statues relating to nondiscrimination, Tnese include but are net limited to: (a) Title V1 at the Civil Rights Act ct 1964 (P.L 88-
352) whch prohibits discrimination on the basis of race, color or national adgm: (b) Titte IX of the Education Amendments of 1972, as amended (20 U.S.G.
§§ 1661-1683 and 1685-1686) which prohibits discrimination an the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.C.
§ 794) which prohibit discnmination on the basis of handicaps: (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101.6107) which
prohibits discrimination on the basis at age; (a) the Drug Abuse Office and Treatment Act of 1972 P.L. 93-255) as amended, relating to nondiscrimination
on the basis of drug abuse: (1) :he Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -fit 6) as
amended. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 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 conlidenhakty of a:cchol and drug abuse patient records. (h) elle VIII of the Cwil Rights Act of 1968 (42
U.S.C. S 3601 et seq.), as amended, relating to nondiscrimination in the sale rental or financing of housing; (i) any ether nondiscnmmauon provisions in the
specific simute(sf under which application lot federal assistance is being made, and lj) the requirements on any other nenciscrirninaucn stalute(s) which
may apply to the application.
10. Will comply, or has already complied, v4m the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91.646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and
federally assisted programs. These requirements apply to all interests in real property acquired lot project purpdses regardless of federal participation in
purchases.
11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Prolection Act of 1973 (P.L. 93.234) which requires
recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost el insurable construction and
acquisition is 55,000 or more.
12. Vylll comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality conlrol measures
under the National Environmental Policy Act of 1969 (P.O. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilifies pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplarms in accordance with EO 11988; (e) assurance of
project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et
seq.); (1) conformity of federal actions to Slate (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
g 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93.523); and (h)
protection of endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93-205).
13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the
national wild and scenic rivers system.
14. Will assist the awarding agency in assuring compliance with Section 106 of the National Histone Preservation Act of 1966, as amended (16 U.S.G. 470),
EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et see).
15. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1964.
16. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program.
17 Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the subgrantee application for
federal assistance. Will, after the receipt of lederat Imancu t assistance, through the State of California. agree to the following:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be used to pay only eligible
costs lot project described ahove;
b. To return to the Stale of California such pan of the funds so reimbursed pursuant to the above numbered application which are excess to the
approved, actual expenditures as accepted by final audit of the federal government or the State Controller, or both.
C- In the event the approved amount of the above numbered project application is reduced, the reimbursement applicable to the amount of the
reduction will be promptly refunded to the Stale of California.
The undersigned represents that he is authorized by the above named subgrantee to enter into this agreement for and an behalf of the said
subgrantee.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
DATE