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HomeMy WebLinkAboutResolution No. 4953 RESOLUTION NO. 4953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DESIGNATING AUTHORIZED REPRESENTATIVES FOR EARTHQUAKE DAMAGE REIMBURSEMENT BY FEMA NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That Lee Powell, Administrative Services Director, and /or Lowell Williams, Finance Manager, and /or Charles F. Wynne, Governor's Authorized Representative, are hereby authorized to execute for and in behalf of the City of Downey, a public entity established under the laws of the State of California, an application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 299, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. SECTION 2. That the City of Downey, a public entity established under the laws of the State of California, hereby authorizes its agent 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. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and provide for appropriate distribution thereof. APPROVED AND ADOPTED this bth day of December 1987. Diane P. Bo, Mayor ATTEST: :nn • ►n +. City Cl- k I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting hereof, held on the btn day of December, 1987 by the following vote, to wit: AYES: 5 COUNCIL MEMBERS: Barb, Cormack, Santangelo, Paul, Boggs NOES: 0 COUNCIL MEMBERS: one ABSENT: 0 COUNCIL MEMBERS: None 4 011 J.' ,Y01111 Ci ► Clerk APPLICANT ASSURANCES The Applicant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines, and requirements including OMB's Circulars No. A -95 and A -102, and FMC 74-4. as they relate to the application, acceptance and use of Federal funds for this Federally - assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for 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 ro o e p p s d 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 action with local governments. the application and to rovide such additional information rmation as may be required. 17. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency 2. 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 applicable FEMA Handbooks. 3. It will have sufficient funds available to meet the non - Federal 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 damages due to the approved work or Federal funding. 5. It will provide and maintain competent and adequate architectur- 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 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 person or persons whose signatures appear on the reverse as au- 7. It will give the 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 e e Gamine all records, books, papers, or documents related to the 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 Standard Specifications for Making Buildings and of flood insurance requires, on and units March a 2, 1975, insurance pa i s of flood insurance in communities where such insurance s Facilities Accessible to, and Usable by the Physically Handi- 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 purposes for use in any 7031). The applicant will be responsible for conducting in- area that has been identified by the Director, Federal Emergency spections 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 assistance loan or grant, or any other form of direct or indirect reasonable time after receipt of notification from the approving Federal assistance. Federal agency that funds have been approved and will see that 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 reasonable, adequate, and necessary to protect against further loss 10. It will not dispose of or encumber its title or other interests in to any property which was replaced, restored, repaired, or con - the site and facilities during the period of Federal interest or structed 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. i person o n VI V e ce accordan with Title of the Act, p the United ac c s on the le V of race, Act, no , or Bon nal the n, 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, as otherwise subjected to discrimination under any program or amended, (16 U.S.0 470), Executive Order 11593, and the activity for which the applicant receives Federal financial as- Archeological and Historic Preservation Act of 1966 (16 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 vction 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 ance extended to the Applicant, this assurance shall obligate the National Register of Historic places that are subject to adverse Applicant, or in the case of any transfer of such property, any effects (see 36 CFR Part 800.8) by the activity, and notifying transferee, for the period during which the real property or the Federal grantor agency of the existence of any such proper- structure is used for a purpose for which the Federal financial ties, and by (b) complying with all requirements established by assistance is extended or far 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 their positions 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 star , business, dards; and, will evaluate the natural hazards in areas in which others, particularly those with whom they have family, other ties. the proceeds of the grant or loan are to be used and take ap- propriate action to mitigate such hazards, including safe land 13. It will comply with 2,:. requirements of Title II and Title III of use and construction practices. the Uniform Relocat- „r, 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. STATE ASSURANCES 14. It will comply with all requirements imposed by the Federal —_ grantor agency concerning special requirements of law, program The State agrees to take any necessary action within State capabilities requirements, and other administrative requirements approved in to require compliance with these assurances and agreements by the accordance with OMB Circular A -102, P.L. 93 -288 as amended, applicant or to assume responsibility to the Federal government for and applicable Federal Regulations. any deficiencies not resolved to the satisfaction of the Regional Director.