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R 1691 _.^~ - , ... Ct' ~.!. ..) - RESOLUTION NO. 1691 A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CITY MANAGER AND THE PUBLIC WORKS DIRECTOR TO EXECUTE APPLICATIONS FOR FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: That PAUL J. KARP, DIRECTOR OF PUBLIC WORKS, or ROBERT MACK, CITY MANAGER, is hereby authorized to execute for and in behalf of the City of Arroyo Grande, California, a public entity establi~hed 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 Arroyo Grande, a pub1ic 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 attached hereto as Exhibit A. On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Millis, Mayor Smith NOES: Council Member Hogan ABSENT: None the foregoing Resolution was passed and adopted this 22nd day of March, 1983. ./?J' ~u k~ MAYOR ATTEST: - ~ /' ..... . . DESIGNATION OF APPLICANT'S AGENT ( RESOLUTION BE IT RESOLVED BY OF - (Governing Body) (Public Entity) THAT -, , * (Name of Incumbent) (Official Position) OR * (Name of Incumbent) , Governor's Authorized Representative, is hereby authorized to execute for and in behalf of , a public entity established under the laws of the State of , 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 , a public entity established under the laws of the State of , 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 day of ,19__ 1 1 ( (Name and Title) (Name and Title) (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 of (Governing Body) (Public Entity) on the day of ,19_. . Date: I ! "- '- (Official Position) , (Signature) .Name of incumbent need not be provided in those cases where the governing body of the public entity desire. to authorize any incumbent of the designated official position to represent it. FEMA Form 90-63. MAR 81 _._~---_.--._---~.- ---,- ----- ..h., Applicant her,'hy assur.'s and certifies that he will comply with the FEMA rellulations, polici..s.~delines, andreljuirements includin~ O~IB's Circulars No. ,\,9;) and "-102. an?-""IC 7 -t.4. as they. r~lale,lo the application, accepla~ce }se of Ft'deral funds for this Federally. assisted proJect, Also, thc ,\pphcant Jo:IVll Hance and certifies with respect to and as a condltlol,."': the IIrant Ihal: -1. II posst'sst's 1"11011 authorily 10 apply for the grant, and to finance 15. It will comply with the provisions of Ihe Hatch Act which limit " and construct thl! propoSl'd facililies; that a resolution. motion or the political activity of employees. similar action has b.'t'n duly adopted or passed as an official act 16. It will comply with the minimum wal:e and maximum hours ( of the applicant's l:ov"rnlOl: body, authorizing the filing of the application. includinll all understandinlls and assurances conlained provisions of the Fede.'al Fai.' Labor, Standards Act. as Lhey apply tat therein, and dircctinll and authorizing the person identined as the hospital and educatIonal institution employees o( Slate and ; official "'p,,'scntativ", of the applicant to act in connection with local governments. thc application and to provide such additional information as may hI.' rN,uir..d. 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 whicb Federal Financial as' ",Iatin!! to Floodplain Manallement and Executive Order 11990. sistance is requested is eligible in accordance with the criteria ",Iatinll to Protection of Wetlands. contained in H Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. 3, It will have sufficient funds available to meet the non. Federal share of thp cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for be availahle when construction is completed to assure effective which Federal Assistance is requested hereunder does not or oppration and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from constructed. another source. -to It will not entE'r into a construction contract(s) for the project or 19. It will (1) provide withaut cost to the United States all lands, undertake othl't activitiE's unlll the conditions of the grant pro- 'easements and rights.of'way necessary for accomplishment of the gramls) 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 competenl and adequate architectur- al enllineering 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 spt'Cifications; that it will furnish progress reports and vances. contracta, property. diacounta of other Federal financial such other information as the Federal grantor agency may aasiatance extended after the date hereof to the Applicant by FEMA, that auch Federal Financial asaJatance will be extended in 6, It will operate and maintain the facility in accordance with the reliance on the repreaentations and allreementa made in this as. minimum standards as may be required or prescribed by the aurance and that the United States ahall bave the right to set!'k 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 successo.... transferees. and assillne.... and the person or persona whoae signatures appear on the revene as au. 7. It will give the grantor agency and the Comptroller General, thorized to sign this assurance on behalf of the applicant, throulth any authorized representative, access to and the right to examine all records, books, papers, or documents related to the 21, It will Coml)ly with the flood insurance purchase requirements of grant. Section 102(a) of the Flood Disa.;ter Protection Act of 1973, Ii, It will require the facility to be designed to comply with the Public Law 93.234, 87 Stat. 975, approved December 31, 1973. Section 1 02(a) requires, on and 3fter lIIarch 2. 1975, tbe purchase .. Am....can Standard Specifications for Making Buildings and of Oood insy.rance in communities where such insurance is t"acilitips Accessible to, and Usable by the Physically Handi. available as a' condition for the receipt of an}' Federal financial ,( capppd." Number A117,1.1961, as modified (H CFR 101.}7- assistance for construction or acquisition purposes for use in any 7031\. The applicant ,will be responsible for conducting in- area that has been identified b}' the Director, Federal Emeqlency .~ spections to insur.. compliance with these specifications by Management AI/ency as an ar..a having special \lood hazards. The \. the contractor. phrase .. Federal financial assistance" includes any form of loan, - grant. lCuaranty, insurance payment, rebate. subsidy, disast"r 9, It will cause work on the project to be commenced wilhin a assistance loan or lira nt, or any other form of direct or indirect reasonable time after receipt of notification from the approving Federal assistance. Federal allency that funds have been approved and will see that work on the project will be prosecuted to completion with 22. II will comply with the insurance requirements of Section 314, reasonable diligence. PL 93.288, to obtain and maintain any other insurance as may be 10, It will not dispose of or encumber its title or other interests in reasonable, adequate, and necessary to prolect allainst further loss to any property which waa replaced, restored, repaired, or con. the site and facilities during the period of Federal interest or structed with this assistance. while tbe Government holds bonds. whichever is the longer. 11. It all reI'S to comply with Section 311, p, L. 93.288 and with 23. It will defer funding of any projects involvinll nexible runding until FEMA makes a favorahle environmental clearance, if this Title VI of tbe Civil Rights Act of 1964 (r>.L. 83.352) and in is required. accordance with Title Viol' the Act, no person in the United 24. It ",,:iII assist the Federal grantor allency in its compliance with States shall, on the, IIround ~f race. color, or national origin, be exc/ud..d from ,)artlclpatlon In. be denied the benefits of or be Section 106 of the National Historic Preservation Act of 1966 -'" . othe~wise subjected to discrimination under any progr~m or as amended. (16 U.~.C ~70), Executive Order 11593, and th; activity for which the applicant receives ~-ederal financial as- Archeological and Historic Preservation Act o( 1966 (16 U,S.C. sistance and .will immediately take any measures necessary to 46~a'1 et ~eq.) by (a) consulting with the Slate Historic Preser. effectuate lhls allreement. If any real property or structure is vatl?n ~fClCer on the ~onduct of inv~tigations. as nec"ssary, provided or improv..d with the aid of Federal financial assist. to ,dentlfy properties hsted In or eligible for inclusion in the anc.. ..xt..nd..d to the Applicant, Ihis assurance shall obligate the National Register of Historic places that are aubipct to adv"rse Applicant, or in the c<lse of any transfer of such property. any efrects (see 36 C~'R Part 800.1:1) by the activity, and nOlifying transfN""~ for the perood durmg which the real property or t~e Federal grantor agency of, the t!xi.'e~ce of any such proper. str~cture IS, used for a purpose for which the Federal financial ties. and by (bl complYing with all reqUirements established by aS5lstance ~s. ut..nd..d or for another purpose involving the the Federal grantor agency to avoid or mitillate adverse eHects provIsion 01 similar services or benefits. upon such properties. 12. It ~ill ..st.ahlish safelluards to prohibit employees from using 25. II. will. fo~ any repairs or co~struction financed herewith, comply their posItions for a purpose. that is or I:IV"S th.. app..arance of with applicable standards oj safety, decency and sanitation and ht'mll motlvatt'd hy a d,'slre for private gain ior th..mst'lv..s or in conformity with applicahle cod..a, specifications and stan. others. particularly those with whom they havt' family, business. dards; and, will evaluate tht' natural hazards In areas in which or other lies. tll<' proc....ds, of the g~ant or loan are to b.~ us..d and take ap- 13, It will c,?mply wllh the rNluirements of Title II and Title III of proproate aCllon to mlllgate auch hazards. including safe land ~he Vmlorm n,'I~cation A'lSistance and Real Property Acqui. use and construction practic..a. slllons Act of 19,0 (P. L, 91.6-t6) which provides for fair and equitable treatment of pt'rsons displaced as a result of Federal .....:: and FederaUy'assistt~d prol/rams. STATE ASSURANCES }-t, It will comply with all requirements imposed hy the Fedpral .... - grantor allency concerninll special rf'(luirements of law, prOllram The State allrf'es to take any nec..ssary action within Stat.. capabilities requirements. .and oth..r administrativp requirements approved in accordance wlt~ O~IB Circular A.102, P.L. 93.281i as amended, to require compliance with these assurances and a.:re..m..nts by the and applIcable federal Hel(ulations, apP"can~ ,or ~o a.~sume rt'sponsibility to the Federal government (or a~y deficiencies not resolved to the utisfaction of the Regional 1691 D"l'ctor. EXHIBIT A RESOLUTION NO. --_.~.--------------- ~- ~.----._--_.- -.