CC - 1988-04 - Agent for Obtaining Disaster Related Financial AssistanceRESOLUTION NO. 88-4
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD
DESIGNATING THE CITY MANAGER AS
THE CITY'S AGENT FOR OBTAINING
DISASTER RELATED FINANCIAL
ASSISTANCE.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD RESOLVES AS
FOLLOWS:
SECTION 1. The City Manager of the City of Rosemead,
Frank G. Tripepi, is hereby authorized to execute for and in.
behalf of the City of Rosemead, 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. The City of Rosemead, 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 exhibit "A" attached hereto and
incorporated herein by this reference.
SECTION 3. The City Clerk shall certify to the adoption
of this Resolution.
PASSED, APPROVED and ADOPTED this 12th day of
January , 1988.
YOR
I hereby certify that the foregoing Resolution
ATTEST: 88-4 was duly and regular adopted by the City
Council of the City of Rosemead at a regular
meeting thereof held on.the 12th day of January,
1988, by the following vote:
CITY CLERK Yes: Imperial, McDonald, Taylor, Bruesch,
Cleveland
No' None /
Y CLERK
p sea ,gal author v to apply fur the giant. And to final, e
And construct ill. proposed facilities; that arteolution, motion or
similar action his been duly adopted or Passed u an official act
of the appliceut's governing bndy Authorising the filing of he
application, including all undentaodings and sssuraneta contained
therein, and directing and authorizing she Person identified As the
official representative or the applicant to art In connection with
flit application and to provide such additional information As
may be required.
APPLICANT ASSURANCES
TA,- Applicant O IR. Circa inn No h9b andaAtl)02 ~a lied F 4.9, themal
y relate to the Applfcari-ri. accepts cne and use of derall food,rlfor a this Federally.
A.iocd protect. Also. the Applicant gives Assurance and certifies with respect to and As a condition for the gent that:
t. It o..r, 1•
2. It will comply with the provisions or; Ex,ulive order 11989,
10136"If to Floodplain Management and Executive Order 11990,
relating to Protrcton of Wetland,.
3. It will here sufricirm funds available to meet the nom Federal
share of the .at for construction Projects . Sufficient funds will
be available when eonelruction it completed to assure <ffective
operation and maintenance of the facility
construc t ed for the purpose
.
4. It will not enter into a comtmction contracHs) for the project or
undertake other activities until
gram(,) have been met the conditions Of the grant pro-
5- 5. It WIN Provide and maintain competent and adequate architeelur
el engineering supervision and inspection m the eonstme,ion site
is insure that the completed work reaffirms, with the approved
plans and &I"eificatiom; that it wilt furnish progress reports And
such other information As the Federal arentw agency may
G. It will Operate and maintain the faeflitY (n accordance with the
minimum standards a may be requirad or Prescribed by the
applicable Federal. State and local Agencies for the e
ibed by th
and operation of such facilities
7. It will give the grantor agency and the Comptroller General,
through any authorised representative, awes to and the right to
grant. . All records, book., papers, or documents related to she
g
S. It will require the facility to be designed to comply with the
"American Standard SP<CIflution' for Making Building. and
Facilities Accessible to, and Usable by the Physically Handi•
caPped;' Number A117.14961, As modified (41 CFR 10147•
70311 Tile applicant will be responsible for conducting ins
speclfons to insure compliance %flh these specifications
the contractor. by
0. it will reuse walk on the project to be eomeneneed within a
reasonable time after receipt of notification from the approving
Federal agency that funds bast been approved and will tae that
work on the p,ojeet will be prosecuted to completion with
reasonable diligence.
10. It will not dispose of or encumber its title or other interests in
the ate and facilities during the period of Federal interest or
while the Government hold, bonds, whichever is the longer.
17. It agrees to comply wf0$ Section 311, P,L 93.288 sod with
Title VI of the Civil Rights Act of 1864 (P.L. 83.352) and in
accordance with Title Vi of the pct, no Person in the United
Suit&'hall, on the ground of race'de
color, or national origin, be
be
excluded from participation in, be nied the benefits of, of
otherwise .uhjected to duc,iminatfon under an
activity for Which the any program or
anyes Federal financial ar.
sistance and will immediately tat ke any es
effectuate this ogre<nfanl If i..t. H l meuurea necessary to
any red property or aruetur, is
Providtd or improved with the aid of Federal financial assi.t.
ante extended to the Applicant, this
A a.urance shall obligate the
Applicant, or in the case of any transfer ofsuch property, any
Inrshree, for the period during which the real properly. or
structure is used for a purpose far which the Federal !inane,.]
assistance 4 extended or for another purpose involving the
Provision of Similar services or benefits.
12 . It will establish safeguards so prohibit employ,, from using
their positions for a purpose that Is or gives the appearance of
Living motivated by a desire for private gain for themselves w
others, particularly those with whom they have
or other tics gmil)•, business,
.
13. It will comply with the requiredtents of Title 11 and Title 111 of
the Uniform Rdecalfen Assistance and Real Property Acqui.
aitfots Act of 1970 (P,L 91.646) which provides for fair and
equitable treatment or penons displaced u a result of Federal
and Federally-assia.d programs.
14. It will comply with all requirements imposed by the Federal
grantor agency concerning special requirement, of law
requirements, slid other administrative requi , program
rement, approved
accordance with G,JB Circular A-102, P.L 93.288 As amended,
and m
applicable Federal Regulation..
15. It will comply' with the provuluns of the Hatch Act which limit
the pohlical activity of employees.
16. R will comply with the minimum wage end maximum hews
previsions of the Federal Fair Labor Standards Act, as they apply, so
hospital and eclosets ...I institution uoPloye<s of Still, end
local governments.
17. (To the best of hit knowledge And belief) the disaster relief work
described on each Federal Emergency Management Agency
(FEhIA) Project Application for Which Federal Financial as.
siatsnce is requested is eligible In accordance with the criteria
contained in 44 Code of Federal Reguhtions, Part 205, and
applicable FERIA 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 Acme sou from
anothersouree.
19. It will (1) provide without cost to the United States all lands,
aarementa and rights of•way n"IsIsl y. for accomplishment of the
approved work; (2) hold and cave the United State, free from
damages due to the approved work or Federal funding.
20. This assurance u given in consideration of and for the purpose of
obtaining any and all Federal giants, loans, rtimburwal,ou, ad
-anon, contracts, property, discounts of other Federal fi, iai
easfssanet extended after the data hereof to the Applicant by
FEMA. that such Federal Fi...tied assistance will be extended in
reliance on the representations and agreements made in this as
austerely and that the United States 'hall have the tight to seek
Judicial enforcement of this assurance. This ...ranee is binding
on the applicant, its succeuota, transferees, and a.igneta, and the
person or Persons wheat, signatures appear on the reverse as all.
thorized to sign this assurance on behalf of the applicant.
21. S do comply with the flood Insurance purchase nyulremrnu of
Section 102(3) of the Flood Disaster Protection Act of 1973,
ublic
P Law 93234, 87 Sut. 975, Approved December 31, 1073.
Section 102(.) requires, on and titer March 2, 1975, the purchase
of flood insurance in communities where such innsnote is
malltule u a condition,truelion n for the. receipt of any Federal financial
assistance for en or Acquisition purposes for use in any
Area that has been identified by the Dfreetor, Federal F.m.rgency
Management Agency as an area having apecfd fl
ood hazards. TTe
Phrase ''Federal financial assistui includes any form of loan,
grant, guaranty, insurance Payment, rebels. subsidy, diumtrr
assistance loan or grant, or any other torn of direct or indirect
Federal a sliltance.
22. It will comply with the insurance requirements of Section 314,
i PL 83.288, to obtain and maintain any other Insurance
raisionable, adequate, and necc.ary to proteel a may be
against further you
to any ProPc"Y which was replaced, restored, repaired, or cons
alrocted Withthis asaymce.
23. It will defer funding of any PsOJeoL involving flexible funding
until MIA makes a ravorable environmental clearance, if this
is required.
24. It will a.fst the Federal grantor agency in its compliance with
Section 106 of the National Historic Preservation Act of 1966,
u amended, (16 U.SC 4764 Execut,,. Order 1}&ct
Asehmlogicai and Historic 93, and the
Preservation Act of 1966 (16 U.S.C.
469x•1 et seq.) by (a) conanitine with the Sbte }Iirtoric Preeer
vction Officer an the conduct of investigations, ar nec,
N Identify properties ]sled fn or eligibly for fnclwion in essathrye
trect, t Register of Historic places that sre subject to adverse
he F (see 36 CFR Part 800.8) by the activity, and no adverse
the ede+nl grantor agency of the existence of any Proyco
lies, and by (b) complying with all requirements such pi,
the Federal grantor agency to avoid established d by upon such properties or mitigate adverse effects
.
25. It --III. for any repafn or construction financed herewith, comply
with aPPffeable standards of urety, decency and sarituims and
fn confaranity with applicable eosins, apeci fiestions and tiro-
dada: and, will evaluate the natural haavda in vets io Which
the Proceeds of the grant or loan are to be used and take ap•
ProPrlale Action to mitigate such Ismsto including cafe land
on and construction practices rds.
.
STATE ASSURANCES
The Slcle Agrees I. sake any necessary action within Sure capab;litie,
to require compliance with these Assurance, and agreements by the
applicant or to a„urrre responsibility to the Federal government for
any deficiencies not resolved to the satisfaction of the Regional
Director.
EXHIBIT "A"
I hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of Rosemead,
California at a regular meeting thereof, held on the 12th
day of January , 1988, by the following roll call vote
of the members.
AYES: Bruesch, Taylor, Cleveland, McDonald, and Imperial
NOES : None
ABSENT: None
CITY CLERK
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