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HomeMy WebLinkAbout94-11xr Sty-~/ DESIGNATION Of APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY Town Council pF The Town of Pulaski,. Virginia (Governing Body) (Public Entity) THAT Michael Z. Jenkins * (Name of Incumbent) ~1a * (Name f Incumbent) Director of Public Works (Official Position) OR Governor's Authorized Representative, is hereby authorized to execute for and in behalf of The Town of Pulaski a public entity established under the laws of the State of Virginia , 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 Virginia ,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 5th day of April ~ 19 94 Char es rispin, ouncilman ~. 'J'. R. SChr'ader,Councilman Roy D'Ardenn~, Councilman Andrew Graham. Councilman (Name and Title) Alma H. Holston, Councilwoman Robert N. Glenn, Councilman (Name and Title) Gary C. Hancock, Mayor (Name and Title) CERTIFICATIQN ~ Ruth A. Harrell ,duly appointed and Clerk of the Town Council of (Title) The Town of Pulaski, VA , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Town Council of The Town of Pulaski. VA (Governing Body) (Public Entity) on the Sth day of April 19 94 Date: April 6, 1994 Clerk of Council _1~~ ~ /Y~ • (Official Position) (Signature) •Name of incumbent need not be provided in thoae caaea inhere the governing body of tiu public entity desirea to authorize any incumbent of the designated o~eial position to represent it. FEMA Fans 8063, WIAR 81 APPLICANT ASSURANCES The Applicant hereby as:uny and certifies that he will comply with the FEMA regulations, policies, guidelines, and requirements including OMB's Circulars No. A-95 and A-102, and FMC 74-d, u they relate to the application, acceptance and use of Federal funds [or thin Federally- aaaiated project. Also, the Applicant gives aaauranee sad certifies with respect to and as a condition for the grant that: 1. It paaaesaes legal authority to apply for the grant, and to Cmance and construct the proposed facilities: fiat • resolution, motion or similar action has been duly adopted or passed as an official act of the aPPiicant's governing body, authorizing the filing of the application, including all understandings and aawrances contained therein, and dimting and authorizing the person identified as the official representative of the applicant to act in rnnnection with the application and to provide such additional information as may be required. 2. It will comply with the prov)sions of: Ezecutive Order 11988, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds available to meet the nomFedeal 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. 15. It will comply with the provisions o[ the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and {Deal gorernmenta 17. (To the best o[ his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application [or which Federal Financial as- sistance urequested is eligible in accordance with the criteria contained in 44 Code o[ Federal Regulation, Part 205, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Feder! Assistance u requested hereunder does not or will not duplicate benefits received for the acme loos from another source. ' 4. It will not enter into a construction contnet(s) for the project or undertake other activities until the conditions of the grant pro- gram(s)have been met. S. tt 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 progreu reports and such other information ac 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, State and local agencies for the maintenance and operation of such tacilititc. 7. It will give the grantor agency and the Comptroller General, through any authorized representative, access to and the right to examine all records, 6oolu, papers, or dotwmenrs related to thr grant. 8. It will require the facility to be deligned to comply with the "American Standard Specification for Making Buildings and Facilities Accessible to, and Usable by the Physically Handi- capped," Number A111.1.1961, as modified (41 CFR 101.17• 7031 }. The applicant will be reeponsib{e for conducting in- spections to insure compliance with these specification 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 hart been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interesu in the site and facilities during the period of Fedeal 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 Righu Act of 1964 (P. L. 63-352) and iri accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be ezcluded from participation in, be denied the benefi4 of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial aa- siatance and will immediately take any measures necessarq to effectuate this agreement. If tiny real property or structure u provided or improved with the aid of Federal financial aaist- ance eztended to the Applicant, this aasuraace shall obligate the Applicant, or in the cane of say ttanafer of such property, any tranferee, for the period during which the real property or structure is used [or a purpose for which the Federal financial assisunce is eztended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from wing their positions for a purpose that is or gives the appeaance of being motivated by a desire for private gain for themselves or others, particularly those with whom Uiey have family, bwinaa, or other ties. 13. It will comply with the requirements of Title u and Title III of the Uniform Relocation Assistance sad Real Property Acqur sitiona Act of 1970 (P. [. 91-646) wh~h provides for tsar and equitable treatment of persons displaced es a suit of Federal sad Federally-routed programs.. 14. It will rnmply with all regnirementa imposed by fire Federal grantor agency concerning special eagnitemeats of law, pe+ogram requirements, sad other administrative requirements approved in accordance with OMB Circular A•102, P.L. 93.288 as amended, end applicable Federal Regulatans. 19. It will (1) provide without coat to the United States all lands, easements and rightrofway aecewry for accomplishment o[ the approved work; (2) hold and save the United States tree from damages due to the approved work or Federal fundityl. 20. This aacurance is given in consideration of and for the purpose o[ obtaining any and all Federal grants, loans, reimbursements, ad- vances, contacts, property, discounts of other Federal financial assistance extended otter the date hereof to the Applicant by FEMA, that such Fedeal Financial assistance will be extended in reliance on the representations and agreements node in this aa= surance and that the United States shall have the right to seek ' judicial enforcement of this aswrance. This assuanee is binding on the applicant, its cuccessorc, tranterees, and assignees, and the person or persons whose signatures appear on the reverse as au- thorized to sign this assuance on behalf of the applicant. 21. ft will comply with the flood inwance purchase requirsmenu of Section 102(a)-'o[ the Fldod 9isaster Protection Act o[ 1973, Public Law 93.234, 87 Stat. 975, approved December 31, 1973. Section 102(a) requires, on and after March 2, 1975, the purchase o[ flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial asaiatance for construction or acqu~ition purposes for use in any area that has been identified by the Dimtor, Federal Emergency Management Agency as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of dint or indirect Federal assistance. 22. It will comply with the insurance requiremenu of Section 314, PL 93-288, to obtain and maintain any other {nuance as may be reasonable, adequate, sad necessary to protect against further loss to any property which was replaced, restored, repaired, or con- structed with tfiis assisunce. 23. It will defer funding of any projects involving flexible funding until FEMA makes a taroable enrironmenta! clearance, if this is required. 24. It will assist the Federal gantor agency in its compliance with Section 106 of ehtr National Historic Preservation Act of 1966, u amended, (16 U.S.C 470). Ezecutive Order 11593, and the Archeological and Historic Preservation Acc of 1966 (16 U.S.C. 469a•1 et seq.) by (a) consulting with the State Historic Preser- vation Officer on the conduct of investigation, as neceaaary, to identify properties listed in or eligible for inclwion in the National Register o[ Historic places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of We ezistence of any such proper ties, sad by (b) complying with all requirements established by the Fedeal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construct(oa financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable coda, specifications sad staa- dards; and, will evaluate the rtatural hazards in areas in which the proceeds of the grant or loan are to be used and take ap- propriate action to mitigate such hazards, including safe land use and contruction pacticea. STATE ASSURANCES 11te State agrees to take say aetxysary acWn within State capabilitiaa to require oorapliaticc with these assurances and agreement: by the appUcant or to assume tYSponaibt7ity to the Fedeal goveeameat for any deficieeicies sot resolved to the aatisfactioa o[ the Regional Diractot.