HomeMy WebLinkAbout88-19 - Financial Assistance for Disaster ReliefRESOLUTION NO. 88 -19
A RESOLUTION OF THE CITY COUNC I L OF THE C I TY
OF NEWPORT BEACH AUTHORIZING THE GENERAL
SERVICES DIRECTOR TO MAKE APPLICATION FOR
• FINANCIAL ASSISTANCE FOR DISASTER RELIEF.
WHEREAS, the City of Newport Beach is eligible to obtain
certain Federal financial assistance under the Disaster Relief
Act (Public Law 288, 93rd Congress) or otherwise available from
the President's Disaster Relief Fund; and
WHEREAS, the City of Newport Beach hereby authorizes its
agent, David Niederhaus, to provide to the State and to the
Federal Emergency Management Agency (FEMA) for all matters
petaining to such Federal disaster assistance the assurances
contained on the government form :FEMA 90 -63, MAR 81, attached
hereto and marked Exhibit "A," and by this reference made a part
hereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach appoints David Niederhaus as its agent
for the City to make application for financial assistance for
disaster relief pursuant to the terms and conditions set forth on
Exhibit "A."
ADOPTED this 14th day
City Clerk
Ad '
M
DESIGNATION OF APPLICANT'S AGENT
RESOLUTION
BE IT RESOLVED BY CITY CfnINLTI OF The City of News, ort Beach
(Governing Body) (Public Entity)
THAT DAVID - NTFDFRHAIIS , _General Services Director
. * (Name of Incumbent) (Official Position)
OR
Governor's Authorized Representative,
* (Name of Incumbent)
is hereby authorized to execute for and in behalf of The City of Newport Beach
, a public entity established under the laws of the State of f.al i fnrni A ,
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.
TIIAT The City of Newport Beach , a public entity established under the laws of the State
of Cal iforni a , 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 _.
(Name and Title)
1,
(Name and Title)
(Name and Title)
CERTIFICATION
, duly appointed and
(Title)
of
do hereby certify that the above is a true and correct copy of a
resolution passed and approved by the _ of
(Governing Body)
on the day of , 19—.
Date':
(Official Position)
.- I
(Public Entity)
(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 it. ;
FEMA Form 9683, MAR 81
• APPLICANT ASSURANCES ;
/`��. olnce a guidelines, d u or F end requirements is Fedng '
The Applicant hereby ,95 an end certifies 2. nd that he will comply with the FEMA re application. accept
P
• OMB's Circulate Na. A.96 end A•102, end FMC 74.4, as they relate la the ect to and acceptance and use g ant that:
funds for this Federally is
assisted project. Also, the Applicant gives assurance and certifies with respect to and es a condition for the grant that:
h A l which limit'
1, It possesses legal authority to apply for the grant, and to finance
end construct the proposed facilities; that a resolution, motion or
similar action has been duly adopted or passed as an official act
of the applicant'& governing body, eulhopsing the filing of the
application, Including all understandings and assurances contained
therein, and directing and authorizing the person identified ss the
official representative of the applicant to act in connection with
life application and to provide such additional Information as
may be required.
2. It will comply with the provisions off Executive Order 11988,
relating to Floodplain Management and Executive Order 11990,
relating to Protection of Wetlands.
3. It will have eufficlent funds available to meet the non•Fedeml
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(B) for the project or
undertake other activities until the conditions of the grant pro•
gme (s) have been met.
5. 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 an 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, Slate 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 lo, and Unable by the Physically Handi-
capped." Number A117.1.1961, as modified (41 CFR 101.17•
7031} The applicant will be as for conducting in•
spection, 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 an 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.
16. It will comply with the provisions of the Hale c
the political activity of employees.
18. it will comply with the minimum wage and maximum hours
provisions of the Federal Fair Labor Standards Act, as they apply to
hospital and educational institution employees of Stale and
local governments.
17. (To the best of his knowledge and belief) the disaster relief work;
deacribed 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 Tile Federal Assistance& relief
Is rquestedkherieunderd described of
will not duplicate benefits received for the same lone from
another aource.
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 Vl of the Act. no person in the United
Stales 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 an,
sislance and will Immediately lake any measures necessary to
effectuate this agreement. If any real property or structure Is
provided or Improved with the aid of Federal financial aseiel-
once extended to the Applicant, this assurance shall obligate the
Applicant, or in the case of any transfer of such properly, any
transferee, for the period during which the real properly 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 gain for themselves or
others, particularly those with whom they have family, business,
or other lie.
13. it will comply with the requirements of Title 11 and Title III of
the Uniform Relocation Assistance and Real Property Acqul•
j sitions Act of 1970 (P.L 91.646) which provides for fair and
equitable treatment of persons displaced an a result of Federal
and Federallyasaisted 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.
0
19.
20.
21.
It will (1) provide without cost to the United Slates all lands,
easements and rlghlm•af• way necessary for accomplishment of the
approved work: (2) hold and save the United Slates free from
damages due to lh03 pproved work or Federal funding.
This severance is given In consideration of and for the Purpose of
obtaining any and all Federal grants, loans, reimbursements, ad,
snores, contracts, Properly, discounts of other Federal financial
assistance extended after the dale 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 Slates shall have the right to seek
judicial
thelappllcanl,jtslau of ceworae transferees. and assignees, and the binding
person or persons whose signatures appear on the reverse as au-
thorized to sign this assurance on behalf of the applicant.
22.
it will comply with the need Insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973,
Public Law 93234, 87 Stat. 976, approved December 31, 1973.
Section 102(a) requires, on and after March 2, 1976, the purchase
of need Insurance In communities where such Insurance Is
available " 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 ere. having special flood hazards. The
phrase "Federal financial assistance" Includes any form of loan.
grant, guaranty. Insurance payment, y. disaster
assistance loan or grant, or any other form of direct or Indirect
Federal assistance.
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 lose
to any properly which was replaced, restored, repaired, or con,
structed with this assistance.
23 untllllFEMAfm kesga of favorable j f environmental clearrance. if thin
in 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.0 410), Executive Order 11593, and the
Archeological and Historic Preservation Act of 1966 416 U.S.C.
4699.1 et seq.) by (a) consulting with the Slate Historic Preser•
valion 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 800.8) 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
She proceeds of the grant or loan are to be used and lake lip -
propriate action to mitigate such hazards, Including safe land
use and construction practices.
STATE ASSURANCES
The Stale agrees to lake any necessary action within Stale 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,