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HomeMy WebLinkAbout96-07No. 96-7 DESIGNATION OF APPLICANT'S AGENT . RESOLUTION BE IT RESOLVED BY Town Council (Governing Body) THAT Michael Z. Jenkins * (Name of Incumbent) N/A * (Name of Incumbent) OF The Town of Pulaski, Virginia _~ (Public Entity) Director of Public Works (Officio! Position) Oft Governor's Authorized Representative, is hereby authorized to ezecute for and in behalf of The Town of Pulaski, Virginia a public entity established under the laws of the State of ~~; .-rt; ,,; -, , 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. THAT Town of Pulaski , a public entity established under the laws of the State of V; rginia ,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 2dth day of FEbruary 19 96 Councilman John A. Johnston -Aye Councilman Roy H. D'ardenne -Aye (Name and Title) Councilman John W. Stone -Aye Councilman W. Edgar Hale -Aye Counc_i l woman BP.Y t~1P_ H. YP_g~r=AyP Vice Mayor W.H. Schrader -Aye Councilwoman Alma Holston -Aye (Name and Title) CERTIFICATION I, Andrew L. Graham. Jr. ,duly appointed and Mayor of {Title) the Town of Pulaski resolution passed and approved by the on the 20th (Name and Title) do hereby certify that the above is a true and correct copy of a Town Council (Governing Body) day of February 19 96 Date: T~'ahr„a1-fir 7 j, , 1 ~32h _ of Town of Pulaski (Public Entity) ~ ~ (Of cial Position) (Signs ure) •Name o/ incu bent need not be provided in those cases inhere the governing body of tht pubtie entity desires to authorize any incumbent of the deaignoted o(jicial position to rcprcsen! i!. Councilman E. G. Black, Jr. -Aye FEMA Form 90-63, MAR 81 APPLICANT ASSURANCES The Applicant hereby auur.•a and certifies tfiat he will comply with the FEMA regulation, policies, guidelines, and requiremenu including OMB's Circulars No. A•95 and A•102, and FMC 74.4, u they rotate to the application, acceptance and use of Federal funds for this Federally- aasuted project. Alw, the Applicant gives assurance and certifrcs with respect to and u a coadition for the grant that: 1. It possessn legs! authority to apply for the grant, and to finance ^nd construct the proposed facilities; that • rewlution, motion or simile action hu been duly adopted or passed u an official act of the applicant's governing body, ^uthorizing the filing of the application, including all undersundings and wurances conuined therein, and directing and authorizing the person identifed u the offieid represenutive of the applicant to set in eonneetion with the application ^nd to provide such additional information u may De required. 2. It will comply with the provisions of: Ezeeutive Order 11988, relating to Floodplain Management and Ezecutive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds arailsbls to meet the non•Federal share of the cwt for cotutruction projects. Suff'teient funds will be ^vailable when construction u completed to ware effective operation and muntenance of the facility for the purpose constructed. 4. [t will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the great pro• gram(s) have been met. 5. It will provide and maintain competent and adequate ar~hitectur- al engineering supervision and inspection at the conutruction sift to insure that the completed work conforms with the: approved plans and specifications; that it will furnish progreu reports and such other tnfotmation u the Federal grantor agency may 6. It will operate and maintain the facility in accordance with the minimum standards u may be required or prescribed by the applicable Federal, Sute and total ageneia for the maituenanee and operation of such facilities. i . !t will give the grantor agency and the Comptroller General, through any authorized represenutive, accecc to and the tight to examine all records, bookc, papers, or documenu ttlated to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications !or Making llui{dings and Facilities Accessible to, and Usable by the Physically Handi• capped," Number A117.1.1961, u modified (41 CFR 101.17- ?0311- The applicant wit{ be responsible for conducting in• tpectioru to insure compliance with these specification by the contractor. 9, It will cause work on the project to be commenced within a reuonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted io trompfetion with reuonable diligence. 10. It will not dispose of or encumber iu title or other intercsu in the :rte and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. 11. It agreec to comply with Section 311, P.L 93.288 and with Title VI of the Civil Righu Act of 1964 (P. L. 83-352) and in accordance with Title Vi of the Act, no person is the United States shall, on the ground of race, color, or natioaal origin, be ezeluded from participation in, be denied the beae[i4 of, or bs otherwuc subjected to discrimination under any program or activity for which the applicant csceird Federal financial ar• sisunce and will immediately take any meuura necttsury to effectuate this agreement. If any real properly or structure u provided or improved with the aid of Federal financial wist• ante eztended to the Applicant, this wunncs shat) obligate the Applicant, or in the euc o[ any transfer of such property, any transferee, for the period durfng which the nal property or structure is used for a purpose [or which the Federal financial wisunce is a:tended or for another purpose involving the provision of simitu services or benefits. I2. It wilt establish ufcguards to prohibit employes from wing their positions for a purpose that u or gives the appearance of being motivated by a desire for private gain for themaelvea or others, particululy those with whom they have family, business, o: othsr ties. l3. It will comply with the requiremenu of Title ti and Title III of the Uniform Relocation Aristance and Real Property Aequi• aitioru Act of 1970 (P,L 91.646) which proridea for tale and equiuble treatment of petwn displaced u a result of Federal and Fedenllywuted programs. 14. Lt will comply with all requiremen4 imposed by flee Federal grantor agency concerning special rsquirementa of law, program requiremenu, and other adminiatntive requirements approved in accordance with OMB Circular A•102, P.L 95-288 u amended, and applicable Federal Regulations. 15. It will comply with the provisions of the Hatch Act which limit the political actirity of employees. 16. It will comply with the minimum wage and mazimum hours provisions of the Federal Fair Lbor Sundards Act, u they apply to hospiul and educational inatitunon employees of Sute ^nd local govarnmenu. 17. (To the beat of hu knowledge and belief) the disuter relic[ work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial u• aiatance is requested is eligible in accordance with the criteria contained M 44 Code of Federal Regulation, Part 205, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Ariatance is requested hereunder does not or will not duplicate beneC~ts received for the same loan from another snuece. 19. Lt will (1) provide without cost to the United Stites all lands, eaaemenu and rights•of-way necessary for accomplishment of the • approved work; (2) hold and save the United States tree from damages due to the approved work or Federal funding. 20. Thu wurance )s given in consideration of and for the purpose of obtaining any and all Federal granu, loaru, reimbunemeots, ad• vanca, contraeu, property, discounu of other Federal financial wistance a:tended after the date hereof to the Applicant by FEMA, that such Federal Financial wistance wilt be extended in reliance on the represenutions and agreemenu made in the u- sunnce and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, iu succeason, transferees, and wignees, and the person or persons whose signatures appear on the reverse u au- thorized to sign this wuranee on behalf of the applicant. 2I. it will comply with the flood insurance purchue requiremenu of Section 102(a) of the Flood Disaster Protection Aet of 1973, Public Law 93.234, 8i Sut. 975, approved December 31, 1973. Section 102(a) requires, on and after March 2. 1975, the purchase of flood insurance in communities where such iruuranee is available u a condition for the receipt of any Fedent financial arutance [or contraction or acquisition purpwes for use in any area that has been identified by the Director, Federal Emergency Management Agency u an area having special flood hazards. The phrue "Federal financial auiatance" includes any form of Iron, grant, guaranty, insurance payment, rebate, cubcidy, disaster wistance loan or grant, or any other form of direct or indirect Federal wisunce. 22. It will comply with the inurance requiremenu of Section 314, PL 93.288, to obtain and maintain any other insurance u may be reuonable, adequate, and neceaury to protect against further for to any property which wu replaced, restored, repaired, or con- atroeted with the wuunee. 23. It will defer funding of any projecu involving ilezible funding until FEMA makes a favorable environments) clearance, if the is required. 24. It will wiat the Federal grantor agency in its compliance with Section 106 of the Natitlnal Historic Preservation Aet of 1966, u amended, (16 U.S.C 470-, Ezecutive Order 11593, and the Archeological and Historic Preservation Act of 1866 (16 U.S.C. 169a•1 et seq.) by (a) consulting with the Stale Historic Preur- vation Officer on the conduct o[ investigations, u necessary, to identify properties listed in or eligible for inclwion in the Nations! Register of Historic places that tie subject to adreese affects (see 36 CFA Part 800.8) by the activity, and notifying the Federal grantor agency of the ezutence of any such proper ties, and by (b) complying with all rcquiremcnu established by the Fedora! grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or eonatruction t-nanced herewith, comply with applicable standards of safety, decency and saniution and in conformity with applicable coder, specitiutions at-d stan- dards; and, will evaluate the natural hoards in area in which the proceeds of the gent or loan are to be wed and take ap• proptiate action to mitigate such hazuds, including sate land use and construction practices. STATE ASSURANCES The State agrees to take any aeceuary action witfiin State npabllitia to require compliance with these wurances and agreemeata by the applicant of to saaitme respotaibility to the Federal government for any det;eiencin not resolved to the satisfaction of the Regional Director.