Resolution 09994SO
THAT
I)A RESOLUTION NO.
l:)i >!GNATkJN 0r°.,.AP}LICAN,
'TION
City Council.
(Gouernin, Body)
. Bruce Rupp
* (Name of Irrrrrtrnvcrat)
(Frame of Incumbent)
is hereby authorized to execute for and in behalf of
OF
City of Alameua
(Public° Entity)
City Manager
(Offfial Posi
OR
, Governor's Authorized Represents tiye
City of Alameda
, a public entity established under the laws of the State of i,i fornia,_ ,
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 - >:he President's
Disaster Relief Fund.
THAT City of Alameda , a public entity established under tth, lra< of the State
of California , hereby authorizes its agent to provide to the State and to -' he Federal
Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistar .° the assurances
and agreements printed on the reverse side hereof.
Passed and approved this — 4th day of March , 19 _83
C. J. Corica, Mayor
(Name and Title)
Richard H. Sherratt, Councilmernber
(Name and Title)
Anne B. D iament, Councilmernber
Deen Speegl e
City of Alameda
z
(Name and Tide)
CERTIFICATION
, duly appointed and
, do hereby ce
ed and ::approved by the
Council
-fling Body
• F MA Form +90 -6', "b9r R 81
City Clerk
cases suherc the goueri.Ing
(Title)
s a trice anti corre =:opy of
City of Alameda
he [)'l )iic entity de'sire's c,. .
The Applicant inuiMy issuri s and certifies that. 1,5 will iomply with the I, ir5.1 reaulations, hunielmhs, and requirctilents
0510's 1 No A 95 rind A- 1 02, and 7 1, as they Nilo, to Ili, applicitiont tticceptance t us of Federal funds for tins l'edittallet
asyst ed. minect„,\Isi), int, Applicant gi‘e trance and certtlies with respect to and rut a condition the grant that'.
It possesses Meal iintholity to apply Mr the grant, and to finance
and construct the pionosed facilities, that a resolution, motion or
similar action has been dilly adopted or passed as an official act
01 the applicant's governinit body, authorizing the filing of
3) 1 ion, including ;di understandings and assurances coatainen
therein, and directme and au thiinzine the person identified as the
official represent:40.0 of the applicant to act in connection with
the application and to provide such additional information as
may be required.
2. R will comply with the provisions of: Fixecutive Order 01,
[1 1,11(1)13 Floodplain Miinagement 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 18. The emergency or disaster relief work therein &scribed for
be available when construction is completed to assure effective which Federal Assistance is requestitd hereunder does not or
operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from
constructed.
another source.
15. It will comply with the'petwasituss of the Hatch Act which limit
the political activity of employees.
16. It will comply with the minimurei wane and .1 '11 hours
provisions of the Federal Fair Labor Standards Act, as they apply to
hospital and educational institution employees of t:-aa(e and
local governments.
17. (To the best of his knowledge and belief) the disaster relief work
described 00 each Federal Emergency Management Agency
(FENLA) Project Application for which Federal Financial as-
sistance is requested is eligible in accordance with the criteria
contained m 41 Code of Federal Regulations, Part 205, and
applicable FESIA liandbooks.
4. It will not enter into a construction contract(s) for the project or
undertake other activities until the conditions of the grant pro-
gram(s) have been met.
19. It will (1) provide without cost to the United States, ail lands,
easements and rights-of-way necessary for accomplishrnent of the
approved work; (2) hold and save the United States free from
damages due to the approved work or Federal funding.
5. It will provide and maintain competent and adequate architectur-
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 vances, contracts, property, discounts of other Federal financial
such other information as the Federal grantor agency may assistance 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 as may be required or prescribed by the surance and that the United States shall have the rieht to seek
applicable Federal, State and local agencies for the maintenance judicial enforcement of this assurance. Thisiassunince is binding
and operation of such facilities, on the applicant, its successors, transferees, and as.signees, and the
person or persons whose signatures mpear on the reverse as au-
thorized to sign this assurance on behalf of the applicant.
21. It will comply with the flood insurance purchase requirernents of
Section 102(a) of the Flood Disaster Protection Act of 1973,
Public Law 93.23.1, 87 Stat. 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 1\ larch 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 flandi- available as a 'condition for the receipt of any Federal financial
capped," Number A117.1-1961, as modified 341 CFR 101-17- assistance for construction or acquisition purposes for use in any
7031). The applicant will he responsible for conducting in- area that has been identified by the Director, Federal Emergency
spections to insure compliance with these specifications by
the contractor. Management Agency as an area having special Rood hazards. The
phrase "Federal financial assistance" includes any (mini 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 grant, 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 necessary to protect against further loss
to any property which was replaced, restored, repaired, or con-
structed with this assistance.
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.
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 196.1 (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 origni; he
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 real property or structure is
provided or im pi mod 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 hor another purpose involving the
provision of similar services or benefits.
12. ft will establish safeguards to prohibit employees from using
their posiBons for a purpose that is or gives the appearance of
being nmtivated by a desire for private gain for thtimselves or
githers, particularly those with whom they have family, busines,
or other ties.
13. It will etnrodly with the requirements of Title II and Title III of
the Uniform Relocation Assistance and Real Property Accmi-
sitions Act of 1970 (P. In 91-646 ) which provides for rair and
equitable treatrrient of persons displaced as a result of Federal
and Frineraliy-arensted programs,
14. It will cr)mply with all requirements imposed by the Federal
grantor .agency concerning 51)> )')41 retjuirements of law, program
requirements, and miner administrative requirements approveiti in
accordance with OMB Circular A-102, P.L. 93-288 as amended,
and applica hie Federal. Regulations.
23. It will defer funding of any projects involving flexible funding
until FEMA makes a favorable environmental clearance, if this
required.
24. It will assist the Federal grantor agency in its compliance with
Section 106 of the National Historic Preservation Act of 1946,
as amended, (16 U.S.(2 -170), Executive Order 11593, and the
Archeological and Historic Preservation At of 1966 16 U.S.(",
469a-1 et seq.) by (a) consulting with the State llisidric Proser.
vation Officer on the conduct of investigations, • necessary,
to identify properties listed in or eligible for inonteinn in the
National Register of Historic places that are subject in adverse
effect (see 36 0112 Part 800 53 L the activity, an- lotilving
the Federal grantor anency of the existence of any siieh proper-
ties, and by (b 3 complying with all requirements estidashetl
the Federal grantor agency to avoid or mitigate acnneine fects
upon such properties.
'5. It will, for any repairs or construction financed herewith. comply
with applicable standards of safety, decency and sarditittin and
in conformity with appliciRde codes specieications ind stan-
dards; and will evaluate the natural hazards in mead in which
the proceeds of the grant or loan are to be llsed and take ap-
propriate action to mithgate such hazards, inchnling safe land
use and construction practices.
STATE ASSURANCE-5
The State agrees to take any necessary action within State capabilities
to requtre compliance with these assurances and acfreernents by the
applicant or to assume responsibility 10 the redindil government for
any deficiencies not tiesolverl to the satisfaction of the Regional
Director,