R 1258
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RESOLUTION NO. 1258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING CERTAIN ASSURANCES FOR THE PUBLIC WORKS
EMPLOYMENT ACT OF 1976.
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WHEREAS, the City of Arroyo Grande is eligible to apply for Title 1 grants
of the Public Works Employment Act of 1976; and
WHEREAS, the City of Arroyo Grande wishes to apply for these grants; and
WHEREAS, it is necessary to make certain assurances in order to qualify
for said grants;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE that the following assurances are hereby made and adopted:
1. The City possesses legal authority to apply for the grant, and to
finance and construct the proposed facilities; that.a resolution has been duly
adopted as an official act of the City Council, 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. The City shall comply with the provisions of: Executive Order (E.O.)
11296, relating to evaluation of flood hazards, and E.O. 11288, relating to the
prevention, control, and abatement of water pollution.
3. If the requested financial assistance Is for a supplementary grant
to another Federal Agency, the other Federal Agency's flnanc:l.ala$Slstance has
been approved and Is Immediately available and sufficient funds shell be available
when construction is completed to assure effective operation and maintenance of
the facility for the purposes constructed.
4. The City shall submit to the appropriate Federal agency for prior
approval changes that alter the costs of the project, use of 'race. or functional
layout; that It shall not enter into a construction contract(s for the project
or undertake other activities until the conditions of the construction grant
program(s) has (have) been met.
5. City shall provide and maintain competent and adequate archItectural
engineering supervision and inspection at the construction site to Insure that
the completed work conforms with the approved plans and specIfications, that it
shall furnish progress reports and such other In'ormatlon as the Federal grantor
agency may require.
6. The City shall operate and maintain the facility In eccor-'nce with
the minimum standards as may be required or prescribed by the appllc.ole Federal,
State and local agencies as to the maintenance and operation of such facilities.
7- The CIty shall give the grantor agency and the Comptroller General
through any authorIzed representative, access to and the right to ex~ine all
records, books, papers, or documents related to the grant, for the entire time
period beginning with project approval and ending three years after the final
disbursement of grant funds.
8. The City shall require the facility to be designed to oapply with the
"American Standards SpecifIcations for Haklng Buildings an4 FacilitIes Accessible
to, and Usable by, the Physically HandlCllpped," Number A111.1~1"I, as modified
(41 CFR tOI~17.703) and 13 CFR 309.1~. The applicant. shall be re.ponslble for
conducting Inspections to Insure compliance with these specifications by the
contractor.
9. The City shall cause on-site labor on the project to be9ln within
90 days after receipt of notification from the approving Feltere' ......cy that funds
have been approved and that the project will be pr~ecut.d to C_'..tlon wi th
reasonable diligence. It further understands that after approval 0' the project
the Government can, at Its option, cancel Its obligation to provIde funds for the
project If the applicant is unable for any reason to cause on~slt. labor on the
project to begin within the 90~day period.
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10. Construction of the project has not started.
II. The City assures that as a Recipient receiving Federal financial
assistance from the Economic Development Administration, it shall comply with
Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.); E.O. 11246 as amended by E.O. 11375; the requirements imposed
by or pursuant to Regulations, issued for the Department of Commerce and
designated as 15 CFR Subtitle A, Part 8; Section 110, P.L. 94~369; and any
amendments thereto.
12. The City shall 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, business, or other ties.
13. It shall comply with the requirements of Title III of the Uniform
Relocation Assltance and Real Property Acquisitions Act of 1970 (P.L. 91-646),
42 U.S.C. 4601 et seq. and 13 CFR Part 310, which provides for fair and equitable
treatmeht of personS displaced as a result of Federal and federally assisted programs.
14. The City shaJl cOOlply with the provisions of the Hatch Act which limit
the political activity of employees.
IS. The City shall comply with the minimum wage and mlll<hllutn hours provisions
of the Federal Fair Labor Standards Act, as they apply to hospital and educational
Institution employees of State and local governments.
16. City shal1 comply with provisions of the Davis-Bacon Act, as amended
(40 U.S.C. 276a-276a-5). Such provisions Include the payment of prevailing wage
rates of the area as determined by.the Secretary of Labor, to laborers and
mechanics employed by contractors and subcontractors for all construction under-
taken in connection with this project.
17. The City agrees in the event this application is deemed approved by
operation of law, pursuant to Section 107 of P.L. 94-369, It shall be bound by
the Standard Terms and Conditions used Ih the Grant Agreernehts for the Local Public
Works program and such other requirements as EDA may reasonably Impose.
18. In accord with these assurances and without limiting the above, the
City agrees that these assurances sha II be bl nd I ng upon It, I ts grantees.,
assignees, transferees, lessees, and successors In interest. ihese assurances
shall also be binding through every modification or amendment to the project.
On motion of Councilman Splerllng. seconded by Councilman Gallagher and
on the following roll call vote, to wit:
AYES: Councilmen Spierllng, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of October, 1976.
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ATTEST:--i..t4r /d,o&./~~) MAYOR J
I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of CaJlforn1a, do hereby certify that the foregoing
Resolution No. 1258 Is a true, full and correct copy of Said Resolution passed
and adopted by .the City Council of the City of arroyo Grande at a regular
meet i ng of sa I d Counci I he Id on the 26th day of October. 1976.
WITNESS my hand and the Seal of the City of Arroyo Grahde affixed
this 27th day.of October, 1976.
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City C erko the City o. royo Grande
(SEAL)
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