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R 1258 r I) r 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. r 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. 1-:."_:.,' ;.,'.: _~>ik~~r,.'..";-:;; '; ';"),'~'A:,,~~!~1;;Ii"wr~)"i;"'" (- ~ 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. ~7C~~ ~ ~ , 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. ~~.dd~ City C erko the City o. royo Grande (SEAL) ,-.','.-; --~--