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HomeMy WebLinkAboutReso. 1986 - 067 - Approving the federal emergency management agency form of resolution entitles designation of applicants agent 111 111 RESOLUTION NO. g'&47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE FEDERAL EMERGENCY MANAGEMENT AGENCY' S FORM OF RESOLUTION ENTITLED "DESIGNATION OF APPLICANT' SII AGENT" IN CONNECTION WITH THE CITY' S APPLICATION FOR FEDERAL DISASTER ASSISTANCE FOR CITY FACILITIES DAMAGED DURING THE STORM OF FEBRUARY, 1986. WHEREAS, the City of Redding has applied for Federal Disaster Assistance for City facilities damaged during the storm of February, 1986; and WHEREAS, in order to process the necessary documents, the Federal Emergency Management Agency requires its Resolution Form 90-63 , entitled "Designation of Applicant ' s Agent, to be completed; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . THAT CARL A. ARNESS, Director of Public Works, OR ROBERT W. GALUSHA, Superintendent of Field Operations, is hereby authorized to execute for and in behalf of the CITY OF REDDING, 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. THAT the CITY OF REDDING, 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 [reverse of Form 90-93] . 2. That the City Council of the City of Redding hereby approves the Federal Emergency Management Agency Form No. 90-63 , being a Resolution entitled "Designation of Applicant ' s Agent, " in connection with the City' s application for federal assistance for City facilities damaged during the storm of February, 1986; 3. That the City Manager of the City of Redding is hereby authorized and directed to sign said Resolution Form No. 90-63, and the City Clerk is hereby authorized and directed to attest the signature of the City Manager and to impress the official seal of the City of Redding on the aforesaid Resolution, when appropriate; and 4 . That a true copy of said Resolution Form No. 90-63 referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of -2- the City of Redding on the 7th day of April , 1986 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 4/2/41Zi-irc ,� r HOWARD D. KIRKPA RICK, Mayor City of Redding ATTEST: Q ETHEL A. NICHOLS, City Clerk FORM APPROVED: RAN ALL A. HAYS, City Attorney -3- • DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY CITY COUNCIL OF CITY OF REDDING (Governing Body) (Public Entity) THAT, CARL A. ARNESS , Director of Public Works (Official Position) ROBERT W. GALUSHA OR Su er. intendent of Field Operations is hereby authorized to execute for and in behalf of the CITY OF REDDING , a public entity established under the laws of th�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. THAT the CITY OF REDDING , 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. Passed and approved this 7th day of April , 19 8 6 (Name and Title) ROBERT E. COURTNEY, City Manager (Name and Title) CITY OF REDDING (Name and Title) CERTIFICATION I, , duly appointed and of (Title) , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of City_ of RE?ddinq (Governing Body) (Public Entity) on the 7th day of April 19 86 Date: " (Official Position) (Signature) *Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any incumbent of the designated official position to represent it. FEMA Form 90.63,MAR 81 • a • • . ,,„.. 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 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 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 with local governments. the application and to provide such additional information 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 whiclil 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 forilaccomplishment 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 ofllother 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 shallll 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 examine all records, books, papers,or documents related to the 21. It will comply with the flood insurance purchase requirements of grant. � Section 102(a) of the Flood Disaster Protection Act of 1973, ii Public Law 93-234, 87 Stat. 975, approved December 31, 1973. 8. It will require the facility to he designed to comply with the Section 102(a)requires,on and after March 2, 1975,the purchase "American Standard Specifications for Making Buildings and of flood insurance in communities where such insurance is Facilities Accessible to, and Usable by the Physically Handi- available as a condition for the receipt oaf any Federal financial capped,- i'untuer ,ii i7.1-;j;61, as meal red (-:1 C 1011 7- a:.aistii es for :..,nstri:ctioa o: acgn:z:tion purposes for use in t>ny• 7031). The applicant will be responsible for conducting in- area that has been identified by the Director,Federal Emergency ii spections to insure compliance with these specifications by Management Agency as an area having special flood hazards. The ii the contractor. phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster 9. It will cause work on the project to be commenced within a. . 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 1961 (P.L. 83-352) and in is required. • accordance with Title VI of the Act, no person in the United 24. It will assist the Federal grantor agency in its compliance with States shall, on the ground of race, color, or national origin, be I excluded from participation in, be denied the benefits of, or be Section 106 of the National Historic Preservation Act of 1966, otherwise subjected to discrimination under any program or as 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. It any real property or structure is vat ion Officer on the conduct of investigations, as nec'asary, provided or improved with the aid of Federal financial assist- to identify properties listed in or eligih;le for inclusion in the ance extended to the Applicant, this assurance shall obligate the National Register of Historic playas that are subject to adverse • effects (se Applicant, or in the, case of any transfer of such property, any e 3CFR 6 Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such proper- lransferee, for the period during which the real properly orsties, and by (b) complying with all requirements established by assistancetre is used for a purposr for welch the Federal financial the Federal grantor agency to avoid or mitigate adverse effects uctuis extended or for another purpose involving the provision of similar services or benefits. upon such properties. 25. It will, for any repairs or construction financed herewith, comply 12. It will establish safeguards to prohibit employees from using n their positions for a purpose that is orappearance with applicable standards of safety, decency-and sanitation and I t p gives the a, enrance of n being motivated by a desire for private gain for themselves or in• conformity with applicable codes, specifications and stan- others, particularly those with whom they have family,business, dards; and, will evaluate the natural hazards in areas in which or 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 the requirements of Title II and Title III of use and construction practices. .the Uniform Relocation 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 STATE ASSURANCES and Federally-assisted programs. 14. It will comply.with all requirements impos'd 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 05111 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.