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HomeMy WebLinkAboutRESOLUTIONS - 01261982 - 82/131THE BOARD OF SUPEFilVISORS C)F CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 26, 1982 , by the following vote: AYES: NOES: Supervisors Powers, Fahden, Torlakson, and Schroder . None. ABSENT: Supervisor McPeak . ABSTAIN: SUBJECT: Applying for Assistance and ) Designating Authorized ) Representatives for Federal -~ Disaster Assistance Program ) RESOLU TION NO. 82/ 131 WHEREAS on January 7, 1982 the President of the United States declared Contra Costa County a disaster area; and WHEREAS said declaration entitles various county public agencies to apply for gra nts (up to 75 % reimbursement) under the Federal Disaster Assistance Program for repair of public facilities damaged between December 19, 1981 and January 8, 19 82; and WHEREAS the Federal Emergency Management Agency (FEMA) administers this federal program and requires applicants to comply with certain guidelines and assurances; and WHEREAS the Public Works Director recommends that the County apply for assistance under the Federal Disaster Assistance Program and authorize himself, J. Michael Walford, and his designated alternates, Milton Kubicek and Michael L. Hollingsworth, to execute the various documents; IT IS BY THE BOARD RESOLVED, as the Boa r d of Supervisors of Contra Costa County and as the governing body of the Contra Costa County Flood Control and Water Conservation District, Sanitation District No. 7B, Sanitation District No. 15, and Sanitation District No. 19, that application to the Federal Disaster Assistance Program be made and that J. Michael Walford, Milton Kubicek, and 11ichael L. Hollingsworth are authorized to execute the various documents on its behalf. IT IS FURTH ER RESOLVED that confirmation of these authorized r epresenta- tives and the required assurances be ma de by execution of the attached Exhibit 11 A11 ( FEMA Form 90-63 ). g heieby certify that this Is ~ true end oonectcopyot an actioR taken and entered cm the minutas of the Board of Superrilors on the date shown. ATTESTED: JA~ 2 61~82 J.R. OLSSON, COUNiY CLERK and ex officio Clerk of the Soard ~~~,De,NAJ Orig. Dept.: Public Wo1~ks Department, Design and Construction Div. cc: County Administrator County Auditor-Controller Public Works Dir e ctor Des i gn and Cons t ru ctio n Divi s i on Acco un t in g Divi s i on Env i r onm e nta l Control Di vis i on State Office of Emer gency Services (Via Public Works Dept .) 4 certified c opies) Coun t y Offic e of Emerg e ncy Se rvic es RE SOL UTI ON NO. 82/1 31 EXHIBIT •A 11 UESIGNATION: OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AND AS THE GOVERNING BODY OF CONTRA COSTA COUNTY, tONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, SANITATION DISTRICT NO. 7B, SANITATION DISTRICT NO. 15, AND SANITATION DISTRICT NO. 19 THAT J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR, MILTON KUBICEK, DEPUTY PUBLIC WORKS DI RECTOR, AND MICHAEL L. HOLLINGSWORTH, SENIOR CIVIL ENGINEER, . are hereby authorized to execute for and in behalf of Contra Costa County, Contra Costa County Flood Control and Water Conservation District, Sanitation District No. 7B, Sanitation District No. 1!,, and Sanitation District No. 19, public entities established under the laws of the State of Californ i a, this application and to file it in the appropria t e 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. THAT Contra Costa County, Contra Costa County Flood Control and Water Conservation District, Sanitation District No. 78, Sanitation District No. 15, and Sanitation District No. 19, public entities estab l ished under the laws of the State of Califor- nia, hereby authorize their agents to provide to the State and to the Federal Emergency Management Age ncy (FEMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 26th day of."January, 1982. J. Michael Walford, Public Works Director (Name and Title) Milton Kubicek, Deputy Public Works Director --(Name and Title) Michael L. Hollingsworth, Senior Civil Engineer (Name and Title} :(:Name::zmt=ci:t:lE): CIERTlfICATION I, J. R. 01 sson , duly appointed .and-. County Cl erk and (Title) Ex Officio Cl erk of the Board of Superyi sors of Contra Costa Count,r do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Board of Supervisors of Contra Costa County and as the governing body of Contra Costa County, Contra Costa County Flood Control and Water Conservation District, Sanitation Dist r ict No. 7B, Sanitation District No. 15, and Sanitation District No. 19 on the 26th day of January , 19Ji2._. Date: January 26, l 982 Deputy Cl erk (Official Position) ~~~ _Signatur ' • = 1-./t.3I , APPLICANT ASSURANCES Till' ,\pplicant herchy assun·s and ce ·-,s that he will comply with the FEMA regulations, po' ;, llUidelin<'s, and requirements includin~ O:',113's Circuhirs No. A-95 and A-10 d FMC 74·4, as they relate to the application, accept, and use of Federal funds for this Federally- assisted project. Also, the Applicant 1,,ves assurance and certifies with respect to and as a cond, •• on for the grant that: 1. It posscs.ses le~al authority to apply for the grant, and to finance 15. It will comply with the provisions of the Hatch Act which limit and construct the proposed facilit ies; that a re:.olution, motion or the political activity of employees. 2. similar action has bl!en duly adopted or passed as an official act of the applicant's governinll body, authorizing the filing of the application, includin~ all undersundings and usurance:. conlained th,,rem, :ind directing and authorizing the person identified as the official repM"sentative of the applicant lo act in connc-ction with the application and to provide ~uch additional information as m~,y In required. It will comply with the provisions of: Executive Order 11988, relating to Floodplain Management and Executive Order 11990, relatin~ to Protection of Wetlands. 3. It will have sufficient funds available to meet the non-Federal shaire of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective op~ration and maintenance of the facility for the purpose constructed. 4. It ,.,ill not enter into a construction contract(s) for the· projet::t or undertake other activities until lhe conditiom of lhe grant pro· cram(s) have been met. 5. It will pr,ovide and maintain competent and adequate architectur- al t•ngineering supervision and inspection at the construction site to insure that t.he completed work conforms with lhe approved plaLis and specifications; that it will furnish progress r,eports and auch other information as the Federal grantor agency may 6. It will operate and maintain the facility in accordance with the mir,imum standards as :may be r,equired or l!)rescrib<!d by the applicable Federal, State and local agencies for the maintenance and operation o f such facilities. 7, It •will give the grantor agency and the Comptroller General, through any authorized representat.ive, access to and the right to examine all records, books, pape~. or documents related to the crant. 16. 17. ll will comply with the minimum wage and maximum hours G provisions of the Federal Fair Labor Standards Act, as they apply to · . · :; hospital and educational institution employees of State and .. _,,;.,;.·· local governments. ·· ,.;···;-> (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- aistance 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 ume loss from another source. 19. It will (1) provide without cost to the United States all lands, euements 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· nnces, 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· l\lrance 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 as&urance on behalf of the applicant. 8 . It will require the facility to be designed to compl:y -with the "Arnerican Standard Specification,s for Making Buildings and - f:,'acilities Accessible to, and U&able by the Physically Handi- capped," Number All7.1·1961, 1,s modified (41 CFR 101 ·17·· 7031). The applicant will be responsible for conducting in· apec:tions to insure compliance with these specifications by the contractor. 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 March 2, 1975, the purchase of flood ins\lrance 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 thjt 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, crant, cuaranty, insurance payment, rebate, aubsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. E_:)-::. 9. It ,till cause work on the project to be commenced within a reasonable ti1ne after receipt of nc,tification from the appro'Ving Federal agency that funds have been approved and will see i hat work on the project will be prosecuted to completion with reasonable diligence. 10. It ••ill not d ispoSf: of or encumbe:r its title or other interests in the site and facilities d~1ring the period of Federal interest or . while the Government holds bonds, whiche\'er i5 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 Vil 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 discrimina1tion under any. program or activity for which the applicant receives Federal financial as- sistance and will immediately take any meuures necessary to effectuate this agreement. If any real property or structure is provided or impr,3ved w ith 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 tran£feree, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended er for another purpose involvin1 the provi1sion of similar services or benefits. 12. 13. 14. It will establish 11afeguards to prohibit employees from using their positions for a purpose that is or gives tile appearance of beinu motivated t•y a desire for pl"ivate gain for themselves or others, particularly those with whom they have family, business, or other ties. It will comply with the nquirements of Title II and Title Ill of the Uniform Refocation Assistanc·! and Real Property Acqui- sitions Act oi 19"i0 (P.L 91·646) which provides for fair and equitable tttaimPnt of persons displaced u a result of Federal and f'ederally·IISSist.ed programs. It will comply with all riequirements imposed by the Federal crantor 11gency coricerning special rtquirements of law, procri.m requirements, and c>ther administrative requirements app,roved in accordance wit h 0MB Circular A-102, P.L. 93-288 u a 11nended and applicab le f edMal Regulations. ' . J,;./;.J I 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 aiiainst 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 nexible funding until FEMA makes a favorable environmental clearance, if this 1a required. 24. It will assist the Federal granter agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 U.S.C 470), Executive Order 11593, and the Archeological and Histpric Preservation Act of 1966 (16 U.S.C. · 469a·l et seq.) by (a) consulting with the State Historic Preser· ntion Officer on the conduct of investigations, u 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 r.equirements established by the Federal grantor agency to avoid or mitigate .adverse effects upon liVCh properties. 25. It will, Tor any repairs or construction financed herewith, comply with applicable standards of safety, decency and unitation and in conformity with applicable codes, specifications and stan· dards, and, will evaluate the natural hazari.l, in areas in which the proceeds of the grant or loan are to b., used and take ap· propriate action to mitigate 1Uch hazards, includine safe land use and construction practices. ST A TE ASSURANCES The State qrees to take any necessary action within State capabilities to require compliance with these assurances and 11greements by the applica11t .or to assume rnponsibility to the Federal covemment for any deficiencies not resolved to the satisfaction of the Reeional Director . • Q,·.··.= ... . : . , .. .