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HomeMy WebLinkAbout83-062REL:adg 5/9/83 RESOLUTION NO. 83- 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE CITY MANAGER AS THE CITY'S AGENT FOR THE PURPOSE OF FILING APPLICATIONS TO OBTAIN FEDERAL FINANCIAL ASSISTANCE FROM THE PRESIDENT'S DISASTER RELIEF FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That the City Manager of the City of Santa Ana is authorized to execute for and in behalf of the City of Santa Ana 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 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. 2. That the City of Santa Ana, 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 Exhibit A, attached hereto and incorporated herein. ADOPTED this Fth day of ATTEST: .Wxembourger Ma r anice C. Guy Clerk of the Council COUNCILMEMBERS: Luxembourger Aye Bricken Aye Acosta A e Johnson Aye APPROVED AS TO FORM: Griset-Ay--e Young y -e McGuigan Aye A� - fd /00� wardCo per City Att rney , 1983. I rte AVlnmant ur rr l,c us.". anu cerulies th;u hr will comply with the FEMA regulations, policies, guidelines, and requirements including OMB's Circulars No A95 and A 102, and FAIC 74.4, as they relate to the application, acceptance and use of Federal funds for this Federaliv- assisted project. Also, the Applicant gives assurancb and certifies with respect to and as a condition for the grant that: 1. it possesses legal authority to appiv for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or pasaed as an official act of the applicant's governing body, authorizing the filing of the applicotion. 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(.) for the project or undertake other activities until the conditions of the grant pro. gram(s) have been met. S. 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 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal. State end 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. S. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handi. capped," Number All7.1-1961, 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. 9. 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 in 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 (FL. 83.352) and in accordance with Title VI of the Act, no person in the United Slates shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial as. sistance and will immediatriv 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. ante extended to the Applicant, this assurance 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 these with whom they have family, business, or other lies. 13. It will comply with the requirements of Title 11 and Title 111 of 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 and Federally -assisted programa. 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. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair I.abor Standards Act, as they apply to� hospital and educational institution employees of Slate 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. sistance 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 Assistance 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 Slates all lands. easements and rights-ot-way necessary 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, reimbursements, ad• vanes, 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, transferees, and assignees, and the person or persons whose signatures appear on the reverse as au- thorized to sign this assurance 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 93234, 87 Stat. 975, approved December 31, 1973. Section 102(.) requires, on and after March 2. 1975, the purchase of Rood insprance in communities where such insurance is available as a'condition for the receipt of any Federal financial assistance 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 Rood 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 assistance. 22. It will comply with the insurance requirements of Section 314, PL 93288, 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. structed with this assistance. II, 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 asset the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 U. &C 470), Executive Order 11593, and the Archeological and Historic Preservation Actof 1966 (16 U.S.C, 469a -I 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 Tor inclusion in the National Register of Historic places that are subject to adverse effects [see 36 CPR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such proper- ties ' roperlies, 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 Stam 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 safe land use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilities to require Compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director.