CC Resolution 1983-058(O DESIGNATION OF APPLICANT'S AGENT?
RESOLUTION NO. 83-58.
BEITRESOLVEDBY The City Council OF The City of La Quinta, California
Governing Body) Public Ent?ty)
TFIAT Douglas A. Brown Cominunity Safety Coordinator
* Name of ineumbent) Official Position)
OR
Clifford A. Brooks
* Name of incumbent) Governors Authorized Representative,
is hereby authorized to execute for and in behalf of the City of L? Quinta
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
sistance under the Disaster Relief Act Public Law 288, 3rd Congress) or otherwise available from the Preside??t??
Disaster Relief Fund.
TIIAT The City of La Quinta 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 the reverse side hereof.
Passed and approved this 13th day of October 19 83
Name?nd Title)
Douglas A. Brown, Community safety Coordinator
Name and Ti?le)
Name and Title)
CERTIFICATION
I, Frank M. Usher duly appointed and City Manager of
Title)
La Quinta, California
do hereby certify that the above is a true and correct copy of a
resolution passed and approved by the City Council of The City of La Quinta
Governing Body) Public Entity)
onthe 13th dayof October 1g83
Date: I
City_Manager
Official Position) signature?/
N?me of inc?m bent need not he p?ovided in th&se ease's where the gou'?ning hody of th? p?b'?c nt?ty des??s to tho???e'
oc??b'?t of the design?ted offici?I position to p?sent it.
rRAA on RI
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The Applicant hereby assuri?s and certifies that he will comply with the Fk'M?' regulations, policies, go itlelirits. and retto irensents' inoLuc in
OXIB's Circulars No. 4-95 and A-I 02, and FXIC V.1-4.5 they relate to the application. acceptance arid use of Federal funds tor this l'e(reraily'
assisted tiroject. Mao, the Applicant gives assurance and certifies with respect to and as a condition for the grant that:
1. It possesses legal authority to apply for the grant, and to finance 15. It will comply with the provisions of thi- iiateh Act which limit
and construct the proposed facilities: that a resolution. motion or the political activity of employees.
similar action has been duly adepteil or passed as an official act
of the applicant's governing body, authorizing the filing ol' the 16. It will comply with the minimum wage anti maximum hours
spplication, including all understandings and assurances contained provisions of the Federal Fair Labor Standards Act. as they apply to
therein. and directing and authorizing the person identified as the hospital and educational institution employees of State and
official representative of the applicant to act in connection with local governments,
the application and to provide such additional information as
may be required. 17. To the best of his knowledg? and belief) the disaster relief work
described on each Federal Emerge..ncy Management Agency
2. It will comply with the provisions of: Fxecutive Order 11988, FEMA Project Application for which Federal Financial as'
relating to Flcaotlnlain Management and Executive Order 11990, sistance is requested is eligible in accordance with the Criteria
relating to Protection of Wetlands. contained in 14 Code of Federal Regulations, Part 20:5, and
applicable FEMA Handbooks.
3. It will have sufficient funds available to meet the non-Federal
share of the Cost for Construction projects. Sufficient funds will is. The emergency or disaster relief work therein described for
he vsilable when construction is completed to assure effective which Federal Assistance is requested hereunoer does sot or
operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from
constructed. another source.
4. It Will not enter into a construction contract(s) for the project or 19. It will 1) provide without cost to the United States ill lands.
undertake other activities until the conditions of the grant pro- easements and rights-of-wav necessary for accomplishtneot of the
gram(s) have been met. approved work; 2) hold and s?ve th* United States free from
damages due to the approved work or Federal funding.
5. It will preavide and maintain competent and adequate architectur-
al engineering supervision and inspection at the ConstruCtioO site 20. This assurance is given in consideration of and f(sr the purpose of
to insure that the conipleted work conforms with the approved obtaining arty and all Federal grants loans, reimbsirsc-ntcnts. ad'
plans and specifications; that it will furnish progress reports and vances, contracts, property Cliscotints of other Federal financial
such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by
FEM? that such Federal Financul issistance will Ise exiended in
6. It will operate and maintain the facilitv in accordance with the reliance on the representations and agreements made in this as'
minimum standards 0 nasy tie ri-quired or prescribed by the surance and that the United t itts shall have the right to seek
applicable Federal. State and local agencies for the maintenance judicial oniorcement of this sasuranet This assuranci- is btndinst
and operation of such facilities. on the applicant, its successors transterees, and assignees. and the
person or persons whose signatures ippear on the rey-erse as au-
It will give the grantor agency and the Comptroller General, thorized to sign this assurance on behalf of the applicant.
through any authorized representative, access to and the right to
examine alt records, boo C 5. papers. or documents related to the 21. It will comply with the flood io?urance purchase requiremenis of
grant. Section 102(a) of the Flood 05 alt r Protection Act of 1973.
Public Law 93-234, b'7 Stat. 9.5 approved December 31. 1973.
S. tt will require the facilitv to be designed to comply with the Section 102(a) requires, on anti alter March 19 C the purchase
American Standard Specifications fur Making Buildings md of flood insurance in C here such
Facilities Accessible to, ansi Usable by the Physically Hancti' available as a cisnili tion for the receipt of any P ederal I snancial
capped.'' Number All 7.1-1961 is modified Al CYR 10117 assistance tor construCtiOn or acquisition pOrposes fo
7031 1. The applic;int wi-Il be responsiti(e for conducting in. area that has seen identified by the Director Ft hers Fmtrtency
spectiorts to insure cssmpliaoce wt iii thi-se speciticattons by Management Agency as an area having special fiono naz,irtls The
the Contractor, phrase Federal financial cludes sn4 form 0 loan
grant> guaranty, insuranCe payment rI bate 0 lasitt; isaster
9. It will cause work ian the protect to be commenced within a assistance loan or grant, or any tather form ci direct or indirect
reasonable time after receipt of not fication from the approving Federal assistance.
Federal agency that funds have been approved and will see that
work on the protect will he prosecuted to completion with 22. It will comply with the insurance requirements of Section 314,
rCasoiiable diligence. FL 93-255., to obtain 50d maintain any other insurance as rnav rae
reasonable, adequate, and necessary to protect against further loss
10. It will not dispose of or encumber its title or other interests in to any preaperty which was' replaced, restored, repaired, or cots-
the site and facilities during the psriod of Federal intert-at or structed with this assistance.
while the Government holds bonds, whichever is the longer.
23. It will defer funding of any projects involving flexible funding
11. It agrees to comply with Section 311, P. L. 93-258 and with until FEM 4 makes a favearable environmental clearance. if this
Title Vt of the Civil Rights Ct of I 964 P. L. 83-352) and in is required
accordance with Title Vt ssf the Act, no person in the United 94 It ill astist the Federal grantor agency in its compliance with
States shall, on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits Of. or he Section lOb of the National HistoriC Preservation Act of 1966,
as amended 36 Lt. S.C 470), IExecutive Order I 1593, atid the
otherwise subjected to discrimination under any program or
activity for which the applicant receiy'es Federal financial as- rcheological and Historic Preservation Act of 1966 16 U.S.C.
tistance and will immediately take any measures necessary to 469a I et seq.) by I a) consulting with the State l(istoric Preser-
yation Officer on the Conduct of itsvestigationa, as necessary,
effectuate this agreement. If any real property or Structure is
provided or toproved with the aid of Federal financia] assist- to identiiy properties listed in or eligible Cur inclusiran in the
ance extended to the Applicant. this sssurance shall obligate the National Register of Histiaric places that are su biec
to adverse
effects lace 36 CFR Part 500.? I by the activity, and notifying
Applicant, or in the case of any transfer of such property, any the Federal grantor agency of the existence of anv
transieree, or the period during which the real propertv or sucn proper-
structure is uaed for a purpose for which the Federal financial ties. and by hi comtslying with all requirements established by
assistance is extended Or for another purpose involving the the Federal grantor agency to avoid or mitigate adverse effects
provision of similar services or bene ii ta. upon such properties.
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12. tt will establish safeguards to prtshibit employees from using It will, for any repairs tar etanstruction financed herewith, comply
their psisitiona Cur a purpose that is Sr gives the appearance of with applicable standards of safety, decency and sanitation soil
in conformity with Splalicable codes, specifications and stan-
being motivated lay a desire for private gain for themselves or dards; and, will evaluate the natural hazards in areas in which
others, particilarly those with whom they have family, business, the proceeds of the grant or lo;in are to be used and take ap-
or other ties.
propriate action to mitigate such hazards, including safe land
3. It will comply with the requirements a Title II and Title 111 of use and constrOction practices.
the Uniform Relocation s'lstartce and Real Property Acqui-
sitions Act of 1970 P. L. 91-646 which tarovidea for fair anti
equitable treatment of persona displaced as a result of Federal
anti Federally-assisted programs.
STATE ASSU?ANCES
14. It will comply with all requirements imposed by the Federal
irantor agency Concerning special requirements of law. program The State agrees to take any necessary action within State Caoabil itieS
requirements, and other administrative requirements approved in to require Compliance with these assurances and agreements by the
5,-cordance with 0MB Circular A' 102, P. U 93-258 as amended, applicant or to assufle responsibility to the Federal government for
and applicable Federal tltegulations. any deficiencies not resolved to the satisfaction of the Regional
Director.
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