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HomeMy WebLinkAboutCC RES 86-033. RESOlUTION N0. g�� A RESOLt1TI0N OF THE CITY COUNCIL OF 7?� CI7Y Of PAIM DESERT, GILIFORNIA, DESIGNATING AN �UTHORIZED AGENT FOR MATTERS P£R- TAIHING TO fEDERAL DISASTER ASSISTANCE. WHEREAS, the City of Pa�m Desert seeks to obtain federal financial assistance under the Disaster Relief Act; and WHEREAS, the city must designate an authorized agent to act on its behalf 1n matters pertaining to said assistance. NOW. THEREFORE, BE IT RESOLVED by the City Councii of the C1ty of Palm Desert, California, as follows: (1) That Richard J. Folkers, Director af Pubiic Works, or the Govern- or's Authortzed Representative, fs hereby authorized to execute for and in behalf of the City of Palm Desert, a public entity established under the laws of the State of California� this application and to file ft in the appropriate state office for the purpose of obtaining certain federai financial assistance under the Otsaster Relief Act (Public Act 288. 93rd Congress) or otherwise available from the President's Disaster Relief Fund. (2) That the City of Palm Desert, 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 supplied as Attachment "A" to this resolution. PASSEO, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 27 day of March , 1986, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BENSON, SNYDER, WILSON, KELLY NOiJE JACKSON NONE AT�TEST: , � � � , � � ` � i ��� � '� � � � � SHEIIA R. GILLIGAN, CITY ��RK CITY OF PALM DESERT, CAL.I ORNIA . / �/ RICHA S. KELLY, MAYOR CITY OF PALM DESERT, CALIFORNIA s EXHIBIT wAw AP'PLICANT ASSURANCES The Appl{cant hereby assures and certifies that he Wiii compiy with the FEMA regulations. policies, guidelines, and requirements inciuding OMB's Circulars No. A-95 and A-102, and FMC 74-4� as they relate to the appticatton, acceptance and use of federal funds for this federally-assisted pro,ject. Also, the appli- cant gives assurance and certifies rrith respect to and as a condltion for the grant that: tl) It possesses tegal autharity t4 apply for the grant, a�d to finance and construct the proposed facitfties; that a resoiution, motlon or similar actton has been duly adopted or passed as an officiai act of the appllcant's governing body, authorizing the filing of the application, including ail understandings and assurances contained therein, and directing and authoriz- ing the person ide�tified as the officiai representative of the apRlicant to act in connectian with the application and to provide such additianai informatlan as may required. (2> It wiii comply with the provisions of: Executive Order 11988. �elating to Floodplain Management and Executive Order 11990, relating to Protection of Wetiands. (3) It wtil have sufficient funds availabie to meet the non-federal share of the cost for construction prajects. Sufficient funds Wili be available when canst�uction is completed to assure effective operatian and maintenance of the facility for the purpose constructed. t4) It will not enter into a construction contractts) for the pro�ect or undertake other activities until the conditions of the grant programts) have been met. {5) It r�til provide and maintain competent and adequate archttecturai engineer- ing supervision and inspection at the constructian site to insure that the completed work conforms with the appraved pians and specifications; that it wtll f�rnish progress reports and such other information as the federal grantor agency may. �) It wili aperate and mai�tain the facillty in accordance with the mintmum standards as may be required or prescrtbed by the appticabie federal, state and local agencles for the maintenance and operation of such facilittes. 1) It will give the grantor agency and the Comptrolier General, through any authorized representative, access to and the right to examine all recards, books, papers, or documents related to the grant. It wiil require the facflity to be designed to comply with the "American Standard Specificatfons for Making Butidings and Facilities Accessible to, and Usable by the Physically Nandlcapped," Number A117.1-t961, as modified (41 CFR 101-17-7031). 7he appiicant wiil be responsible for conducting inspections to insu�e comptiance with these specificattons by the contract- or. -2- (9) It will cause work on the project to be commenced within a reasonable ttme after receipt of notification from the approving federal agency that funds have been approved and w111 see that work on the project will be prosecuted to completion With reasonable diligence. (10) It wiil not dispose of or encumber its title or other interests in the site and facilitles during the period of federal lnterest or While the government holds bonds, whichever ts the lo�ger. (11) It agrees to comply with Sectlon 311, P.L. 93-288 and with Title VI of the Civil Rights Act of 1964 (P.L. 83-352> and 1n accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the beneftts of, or be otherwfse subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will irtmediately take any measures necessary to effectuate this agree- ment. lf any real property or structure is provided or improved With the aid of federal financial assistance extended to the applicant, this assur- ance shall obllgate the applicant, or in the case of any transfer of such property, any transferee, for the perioci during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for anather purpose invoiving the provision of slmilar services or benefits. (12) It will establish safeguards to prohibit err�loyees from using their posi- tions for a purpose that is or gives the appearance of being motivated by � a destre for private gain for themselves or others, particularly those ; aith whom they have family, business, or other ties. (13) It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acqulsitions Act of 1970 (P.L. 91-646) which provides for falr and equitable treatment of persons displaced as a result of federal and federally-assisted programs. (I4) It wiii comply with ali requirements imposed by the federal grantor agency concerning special requlrements of law, program requirements, and other administrative requSrements approved in accorda�ce with OMB Cfrcular A-102, P.L. 93-288 as amended, and applicable federal regulations. (15) It will comply with the provlsions of the Hatch Act which limit the politl- cal activity of employees. (l6) lt will comply with the minimum wage and maxlmum hours provisions of the Federal Fair Labor Standards Act. as they apply to hospital and educational institutlon employees of state and local governments. (17) (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which federal financial assistance is requested is eligible in accordance with the crlterta contained in 44 Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. -3- (18) The emergency or dlsaster retief Work therein described for which federal assistance ts requested hereunder does �ot or w111 not duplicate benefits received for the same ioss from another source. (19) It wtll (1} provide without cost to the United States aii lands, easements and rights-of-way necessary for accomplisFwne�t of the appraved work; (2) hold and save the United States free from damages due to the approved work or federal fundfng. (20) This assurance is given in consideratlon of and for the purpose of obtaining any and ali federal grants, loans. reimbuc-sements, advances, contracts. property, discounts of other federal financtal assistance extended after the date hereof to the applicant by FEMA, that such federal flnancial assistance will be extended in �elta�ce on the representations and agree- ments made in this assurance and that the UnSted States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the appllcant, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as autharized to sign this assurance on behalf of the applicant. (21) It will comply with the flood i�surance purchase requirements of Sectio� 102(a) of the Fiood Oisaster Protection Act of 1973. Public Law 93-234, 87 Stat. 975, approved Oecember 3t, 1973. Section 102(a) requires, on and after March 2, 1975 � the purchase of f 1 ood i nsurance i n corm�un i t i es where such insurance is available as a condition for the receipt of any federai fi�ancial assistance for construction or acquisition purposes for use in any area that has been ldentified by the Otrector, Federal Emergency Management Agency as an area having speclal flood hazards. 7he phase "federal financial assfstance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or 1�direct federal assistance. (22) It will comply with the insurance requirements of Section 314. PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against furthe� loss ta any property r+hich was replaced, restored, repaired, o� constructetl with this assistance. (23� It will defer funding of any projects involving f{exible funding until FEMA makes a favorabie environmental clearance, if this is required. (2d) It will asstst the federal g�a�tor agency in its compliance with Sectton 106 of the Nationai Historic Preservation Act of 1966, as amended, (16 U.S.C. 470), Executive Order 11593, and the Archeological and Hfsto�ic Preservation Act of 1966 (l6 U.S.C. 469a-1 et. seq.) by ia) consulting With the State Htstoric Preservation Officer on the conduct af investigations, as necessary, to identify pc-operties ltsted in or eligible for i�clusion tn the Natfonal Register of Historic places that are s�bject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitlgate adverse effects upon such properties. -4- (25) It Hili, for any repairs or construction financed herewith. comply with appiicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards; and, will evaluate the natural hazards in areas in Nhich the proceeds of the grant or loan are to be used and take appropriate action to mitigate such hazards. including safe land use and construction practices. STATE ASSURANCES The state agrees to take any necessary action within state capaDitities to require complia�ce with these assurances and agreements by the appltcant or to assume responsibility to.the federal government for any deficlencies not resolved to the satisfaction of the Regional Oirector.