CC RES 1983-010RESOLUTION N0. 83 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES INDICATING ITS INTENTION
TO APPLY FOR FEDERAL DISASTER ASSISTANCE UNDER
THE DISASTER RELIEF ACT.
WHEREAS, the City of Rancho Palos Verdes has recently suffered
considerable storm damage; and
WHEREAS, the City of Rancho Palos Verdes wishes to apply for Federal
financial assistance to help cover the cost for repair of this damage:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Palos Verdes DOES RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That Carl Abel, the Director of Public Works for the City
of Rancho Palos Verdes, is hereby authorized to execute for and on behalf of the
City Council of the City of Rancho Palos Verdes, a public entity established
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.
Section 2. That the City Council of the City of Rancho Palos Verdes,
a -publ i c entity under the laws of the State of California, hereby authorizes
its agent to provide to the State and to the Federal Emergency Management Agency
VEMA) for all matters pertaining to such Federal disaster assistance the
assurances and agreements printed on the reverse side hereof.
PASSED, APPROVED and ADOPTED this 1st day of arch 1983.
MAYOR i
ATTEST:
Q. �.. r.
T�FCLEK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I. MARY JO LOFTHUS, City Clerk of the City Council of the City of Rancho
Ralos Verdes, hereby certify that the above Resolution No. 83 -10 was duly and
ye ularl passed and adopted by the said City Council at a regular meeting thereof
9
held on the 1 s -t day of March , 1983.
City Clerk it of a o alos erdes
.J
APPLICANT ASSURANCES
The Applicant hereby assurus and certifies that he will comply with the FEMA regulations, policies, guidelines, and requirements including
O.N1B'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: -
I. It possesses legal authority to apply for the grant, and to finance
and construct the propowd facilities; that a resolution, motion or
similar action has been duly adopted or p=-d as are official act
of the applicant's governing 5ndy, author;
zing the riling of the
application, inc!�.!Mr,.- all unt:lcstanuings 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 - revisions ref• 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(s) for the project or
undertake other activities until the conditions of the grant pro-
grams) 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 and 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 A117.1 -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 its 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 (P.L. 83 -352) and in
accordance with Title VI of the Act, no person in the United
States 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 immediately take any measures necessary to
effectuate this agreement. If any . Pal property or structure is
provided or improved with the aid of Federal financial assist-
ance 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 Rain for themselves or
others, particularly those with whom they have family, business,
or other ties.
13. It will comply with the requirements of Title I1 and Title III of
the Uniform Relocation Assistance and Real Property Acqui-
sitions Act of 1970 (P. L. 91 -6.16) which provides for fair and. .
equitable treatment of persons displaced as a result of Federal
and Fecserally- assisted programs.
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 minimurr. wage and maximum hours
provisions of the Federal Fair Labor Standards Act, as they appi %, to.
hospital and educational institution employees of State 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 States all lands,
easements and rights -of -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-
vances, 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 93 -234, 87 Stat. 975, approved December 31, 1973.
Section 102(a) requires, on and after Alarch 2, 1975, the purchase
of flood insurance 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 flood 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 93 -288, 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.
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 assist the Federal grantor agency in its compliance with
Section 106 of the National Historic Preservation Act of 1966
as amended, (16 U. S. C 40070), Executive Order 11 593, and the
Archeological and historic Preservation Act of 1966 (16 U.S.C.
469a -1 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 for inclusion in the
National Register of Historic places that are subject to adverse
effects (see 36 CFR Part 800.6) by the activity, and notifying
the Federal grantor agency of the existence of any such proper-
ties, 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 stan-
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.
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