HomeMy WebLinkAboutResolutions - No. 86-44RESOLUTION NO. 86-44
RESOLUTION DESIGNATING THE CITY OF LODI AGENT FOR
FEDERAL DISASTER ASSISTANCE FUNDS
RESOLVED that the City Council of the City of Lodi does hereby
designate Eric Whitaker, Administrative Assistant, as the City of Lodi's
Agent to execute for and in behalf of the City of Lodi, a public entity
established under the laws of the State of California, the application
attached hereto shown as Exhibit "A" and thereby made a part hereof and to
file said application 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.
BE IT FURTHER RESOLVED that the City of Lodi, 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.
DATED: March 19, 1986
I hereby certify that Resolution No. 86-44 was passed and
adopted by the City Council of the City of Lodi in a
regular meeting held March 19, 1986 by the following vote:
Ayes: Council Members - Olson, Pinkerton, Reid, Snider,
and Hirschman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
A�
Alice M. Reimche
City Clerk
,Ex11101r yA.,,
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,' •f -
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 financier
assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the Preside:
Disaster Relief Fund. 7-�<
THAT , a public entity established under the laws of the Stat(
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 assures
and agreements printed on the reverse side hereof.
• -' - .. _ —.. ,. .. — . --'sir. ::;'' '.L::—_
Passed and approved this day of . `°; • 19 _
..- (Name and Title)
(Name and Title)
_.. _.....- (Name and Title)
CERTIFICATION
.. .- - '.r. tis:•. ..... c -.. .... .. �', ...� M1 ....._ . a;'.
duly appointed and .of
ti • (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:
(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_if.
FEMA F 90.63, MAR 81}
APPLICANT ASSURANCES
The Applicant hereby assurs and certifies that he will comply with the FERIA regulations. policies. guidLa
es, and requirements including
0%4B'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
and construct the proposed facilities: that a resolution, motion or
similar action has been duly adopted or passed as an official act
of the applicant's governing body, 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. 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 coat 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(O for the project or
undertake other activities until the conditions of the grant pro -
15. It will comply with the provisions of the Hatch Act which limit
mt th m
"
the political activity of employees,
through any authorized representative, access to and the right to
16. It will comply with the minimum wage and maximum hour
`
provisions of the Federal Fair Labor Standards Act, as they apply to
obtaining any and all Federal grants, loans, reimbursements, ad-
hospital and educational institution employees of State and
--� -
local governments
'aasistance extended after the date hereof to the Applicant by - -
17. (To the beat of his knowledge and belief) the disaster relief work
FEMA. that such Federal Financial assistance will be extended in _
described on each Federal Emergency :Management Agency
_
(FERIA) Project Application for which Federal Financial ars
-" aurone and that the United States shall have the right to seek
__.sistance is requested is eligible in accordance with the criteria
- _. judicial enforcement of this assurance. This assurance is binding--
contained in 44 Code of Federal Regulations, Part 205, and
_
on the applicant, its successors, transferees, and assignees- and the
applicable FEMA Handbooks.
capped," Number A117.1-1961, as modified (41 CFR 101.17-
assistance for construction or acquisition purposes for use in any
18. The emergency or disaster relief work therein described for
'.'a
which Federal Assistance is requested hereunder does not or
will not duplicate benefits received for the same loss from
Management Agency as an area having special flood hazards. The
another source.
the contractor. _ ... .- _
19. It will (11 provide without cost to the United States all lands,
easements and rights-of-way necessary for accomplishment of the
U f f
I S
grant, guaranty, insurance payment, rebate, subsidy, disaster
gram(s) have been me
. ... __._._. ... _ . -- ...1.
approved work, (2) hold and save e ecce totes
damages due to the approved work or Federal funding. .i -+.:c..:-:' :�:._ .:: �•y:�-:'
8. It will provide and maintain competent and adequate arehitectur,-
through any authorized representative, access to and the right to
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
tunes, contracts, property, discounts of other Federal financial
such other information as the Federal grantor agency may
'aasistance 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 u may be required or prescribed by the
-" aurone and that the United States shall have the right to seek
- applicable Federal. State and local agencies for the maintensusm
- _. judicial enforcement of this assurance. This assurance is binding--
' ` and operation of such facilities. -
_
on the applicant, its successors, transferees, and assignees- and the
7. It will give the grantor agency and the Comptroller General,
person or persona whose signatures appear on the reverse as au-
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,
-
Public Lw 93.234, 87 SraL 975, approved December 31, 1973.
8. It will require the facility to be 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 Hindi-
available as a condition for the receipt of any Federal financial
capped," Number A117.1-1961, as modified (41 CFR 101.17-
assistance for construction or acquisition purposes for use in any
70311 The applicant will be responsible for conducting in-
area that has been identified by the Director, Federal Emergency
spectiotu to insure compliance with these specifications by
Management Agency as an area having special flood hazards. The
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 pant, 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 netesaary to protect against further loss
10. It will not dispose of or encumber its title or other interests is
' to any property which was replaced, restored, repaired, or con -
the site and facilities during the period of Federal interest or
.,;j strutted 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 FE361A makes a favorable environmental clearance, if this
Title VI of the Civil Rights Act of 1964 (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
States *hall, on the ground of race, color, or national origin, be
excluded from in, be denied the benefits of, or be
with
Section 106 of the National Historic Preservation Act of 1966,
participation
otherwise subjected to discrimination under any program or
at amended. (16 U.S.0 4701 Executive Order 11593• and the
Archeological and Historic Preservation Act of 1966 (16 U.S.G
activity for which the applicant receives Federal financial as-
469a-1 et se q.) by (a) consulting with the State Historic Preser
sistance and will immediately take any measures necessary to
is
, • vation Officer on the conduct of investigations, as necessa
effectuate this agreement. If any real property or structure
provided or improved with the aid of Federal financial assist.
to identify properties listed in or eligible for inclusion in the
National Register of Historic places that are subject
'
ante extended to the Applicant, this assurance shall obligate the
e
effects (see 36 CFR Part 800.6) by the activity and
.. Applicant, or in the case of any transfer of such property. any
notifying
the Federal grantor agency of the existence of any such proper,
period during which the real Property or
transferee, for the y
structure is used for a for which the Federal financial
ties, and b (b) complying with all requirements as by
purpose
provision 'u extended nae involving the
for another pulp g
the Federal grantor agency to avoid or mitigate adverse effects
provision of similar services or benefit.
es
upon such properties.
s
guards to prohibit employees from using
12. It will establish safe p P
25. It will, for any repairs or construction financed herewith, comply
with applicable standards of safety, decency and sanitation
their positions for a purpose that u or gives the appearance of
being motivated by a desire (or private gain for themselves or
and
in conformity with applicable codes• specifications and %tan-
dards: and, will evaluate the natural hazards in area in
_
others, particularly those with whom they have family, business,
which
the proceeds of the
the grant or loan are to be used and take
or other ties
ap.
propriate action to mitigate such hazards, including safe land
13. It will comply with the requirements of Title II and Title Ill or
use and construction practices
the Uniform Relocation Assistance and Real Property Acqur
sitiotu Act of 1970 (P.L 91-6461 which provides for fair and
_
equitable treatment of persons displaced as a result of Federal
'
and Federally-sasuted programs. _ .- .
STATE ASSURANCES
14. It will comply with all requirements imposed by the Federal
grantor agency concerning special requirements of law, program
The State agrees to sake any necessary action within State capabilities
-
requirements• and other admintstratm requirements approved in
to require compliance with these assurances and agreements by the
accordance with OMB 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.
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