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HomeMy WebLinkAbout077-87 RESOLUTION NO. 77-87 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE Designating the City Manager as Agent for State and Federal Emergency Management Agent THE TOWN COUNCIL OF THE TOWN OF DANVILLE HEREBY RESOLVES THAT: the City Manager is hereby authorized to execute for and in behalf of the Town of Danville, a public entity established under the laws of the State of California, this 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 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. AND FURTHER, that Town of Danville, 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 Attachment A. PASSED, APPROVED AND ADOPTED on the 20thday of July, 1987 by the following vote: AYES: Lane, McNeely, Offenhartz, Schlendorf NOES: None ABSTAIN: None ABSENT: Kennett f ATTEST: CLERK APPLICANT ASSURANCES The Applicant hereby auures and certifies that/m will comply with the FEMA regulatiom, policies, guidelines, and requirements including OMB's Circulars No. A-95 and A-102, and FMC 74-4, u they relate to the application, acceptance and use of Federal funds for this Federally- assisted project. Aho, the Applicant gives auurance and certifies with r~pect 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 proposed 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 application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of'- Executive Order 11988, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 4. It will not enter into a construction contract{s) for the project or undertake other activities until the conditions of the grant pro- gram(s) have been met. 5. It will provide and maintain competent and adequate architectur- al engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Building~ and Facilities Accessible to, and Usable by the Physically Handi- capped," Number Al17.1-1961, as modified (41 CFR 101-17- 7031). The applicant will be responsible for conducting in- spections to insure compliance with these specifications by the contractor. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It agrees to comply with Section 311, P.L. 93-288 and with ~Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in 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, he denied the benefits of, or he otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial as- sisrance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assist- ance extended to the Applicant, this a.~urance shall obligate the Applicant; or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom .they have family, busincas, or other ties. 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation A~/stance 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-w/sted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with OMB Circular A-102, P.L. 93-288 as amended, and applicable Federal Regulations. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution 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 as- sisrance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal A~istance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 19. It will (1) provide without cost to the United States all lands, easements and rights-of-way neceuary for accomplishment of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding. 20. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimbur~ments, ad- vances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this as- surance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferces, and auignees, and the person or persons whose signatures appear on the reverse as au- thorized to sign this a~urance on behalf of the applicant. 21. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Star. 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 condition for the receipt of any Federal financial ass/stance for construction or acquisition purposes for use in any area that has been identified by the Director, Federal Emergency Management Agency as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal auistance. 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 further loss to any property which was replaced, restored, repaired, or con- struc,ted with this assistance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, if this is required. 24. It will ass/st the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 U.S.C 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 {16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preser- vation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such proper- ties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and stan- dards; and, will evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take ap- propriate action to mitigate such hazards, including sefe land use and construction practices. STATE ASSURANCES The State agr~ to take any necewmry action within State capabilities to require compliance with these tourantes and agreements by the applicant or to mume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director.