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HomeMy WebLinkAbout1988-03-01; City Council; 9309; COST RECOVERY - DISASTER RELIEFr 1 1 L 0 u > 0 M 0- a -=z .. 2 s L a A 0 2 3, 0 0 - CIBOF CARLSBAD - AGEN~BILL I’ AB# 930 7 TITLE: DEPT. MTG.3/1/88 COST RECOVERY - DISASTER RELIEF CITY P DEPT. FIN CITY n RECOMMENDED ACTION: Adopt Resolution 8g-53” aur;horizing certain staff members to sign forms and act as the City‘s agent in recovering costs subject to Federal and State Disaster Relief. Item Explanation: During the storms of late January the City of Carlsbad experienced damage to some public property and provided services related to traffic control and storm damage clean up. On February 5, 1988, the President of the Enited States declared the San Diego County a disaster asea agencies to cover these costs. Under this Federal program the City musL file various forms including a request for reimbursement by March 5th to remain eligible €or Federal funding . The attached Resolution authorizes several staff members to sign these forms on behalf of the City. No estimate of damage costs is available at this time. The Federal Emergency Management Agency (FEYlj will reimburse up to 75% of all allowable costs and -the state of California will provide funding for the remaining 25%. This program is being coordinated by the City’s disaster preparedness officer Battalion Chief liesE. The Finance Ijepartment and Utilities Maintenaxe Departments will ziso be imrolved in determining the amount uf losses to be claimed. Fiscal impact: The amount of recoversble costs has nct yeE been determined, however, the filing of this claim will alloic the City to recover 100% of any allowable costs related to the January s torins. Exhibits : Kesolution No. ~y-J~’suthor~zes certain sEaff members to sigii forms for recovery of disaster relief. thereby making Federal Disaster Relief funds available to public I , 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 88-55 A RESOLUTION OF TRE CITY COUNCIL OF TEE CITY OF CARLSBAD, CALIFORNIA AUTEORIZING CERTAIN CITY STAFF MEMBERS TO ACT AS TA' CITY'S AGENT IN MATTERS RELATED TO DISASTER ASSISTANCE - COST RECOVERY PROGRAMS UNDER THE CONTROL OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) WEREAS, during recent storms the City of Carlsbad experienced certain costs and losses related to storm damage. and WHEREAS, the President of the United States has declared San Diegc County as a disaster area thereby niaking Federal Disaster Relief Funds available to local governments, and WHEREAS, FEW has required that the City Council name certain employees as agents to file forms and claims in the name of the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California that the employees shown on Exhibit A attached here to and made a part hereof are authorized to file all claims demands and forms in the name of the City of Carlsbad, and that Exhibit A is hereby approved and adopted. PASSED, APPROVED AEjD ADOPTED, at a Regular Meeting of the City j 1 Council of Carlsbad, California, held on the 1st day of March, 1988, by I the following vote, to wit: 1 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None i ATTEST: L2lkZiL a(!@& ALETHA L. RAUTENKRAN ' I e 0 t DESIGNATION OF APPLICANT'S AGENT R ESO LUTlON BE IT RESOLVED BY The City Council OF The City of Carlsbad, Californi (Governing Body) (Public Entity) THAT George West, Raymond Patchett , * (Name of Incumbent) * (Name of Incumbent) (0 f f icial Posit ion) OR , Governor's Authorized Representative, James Elliott is hereby authorized to execute for and in behalf of The City of Carlsbad , a public entity established under the laws of the State ofCali this application and to file it in the appropriate State office for the purpose of obtaining certain Federal assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the Disaster Relief Fund. , a public entity established under the laws of I of California , hereby authorizes its agent to provide to the State and to the Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance th and agreements printed on the reverse side hereof. THAT The City of Carlsbad Passed and approved this 1st day of March ,1988. Claude A. Lewis, Mayor Ann J. Kulchin, Mavor PrpTem (Name and Titie) Mark V. Pettine, Council Member John J. Mamaux, Council Member (Name and Title) Eric Larson, Council Member (Name and Title) CERTIFICATION I, Aletha L. Rautenkranz , duly appointed and Citv Clerk (Title) The City of Carlsbad , California resolution passed and approved by the City Council of The City of Carlsbad , do hereby certify that the above is a true and correct cop (Governing Body) (Public Entity) on the 1st day of March ,1988. Date: March 2, 1988 City Clerk (0 fficial Position) (Signa tu re) *Name of incumbent need not be provided in those cases where the governing body of the public entity desires to author! incumbent of the designated official position to represent it. FEMA Form 90-63, MAR 81 e The Applicant hereby assurt‘s and certifie, e ... at he will comply with the FEMA regulations, policies, .delines, and requirements including APPLICANT ASSURANCES OMB’s Circulars No. A-95 and A-102, and FMC 74-4, as they relate to the application, acceptance and use of Federal funds for this Federa assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that: 15. It will comply with the provisions of the Hatch Act which 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant’s governing body, authorizing the filing of the application. including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. It will comply with the provisions of: Executive Order 11988, relating to Protection of Wetlands. the political activity of employees. 16. It will comply with the minitnun! wage and maximum - provisions of the Federal Fair Labor Standards Act, as they a hospital and educational institution employees of State local governments. 17. (To the best of his knowledge and belief) the disaster relief described on each Federal Emergency Management A( (FEMA) Project Application for which Federal Fins& sistance is requested is eligible in accordance with the c1 contained in 44 Code of Federal Regulations, Part 205. applicable FEMA Handbooks. 18. The emergency or disaster relief work therein describe< which Federal Assistance is requested hereunder does nc will not duplicate benefits received for the same loss from another source. 19. It will (1) provide without cost to the United States all I easements and rights-of-way necessary for accomplishment c approved work; (2) hold and save the United States free damages due to the approved work or Federal funding. 2, relating to Floodplain Management and Executive Order 11990, 3. It will have sufficient funds available to meet the non-Federal 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. 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. It 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 progress reports and such other information as the Federal grantor agency may 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 facilities. 4. 5. 20. This assurance is given in consideration of and for the purpo obtaining any and all Federal grants, loans, reimbursemenb vances, contracts, property, discounts of other Federal fina wistance extended after the date hereof to the Applican FEMA that such Federal Financial assistance will be extend reliance on the representations and agreements made in th surance and that the United States shall have the right to judicial enforcement of this assurance. This assurance is bin on the applicant, its successors, transferees, and assignees, an( person or persons whose signatures appear on the reverse a’ thorized to sign this assurance on behalf of the applicant. 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 21. It will comply with the flood insurance purchase requiremen grant. Section 102(a) of the Flood Disaster Protection Act of 1 Public Law 93-234, 87 Stat. 975, approved December 31, 1 It will require the facility to be designed to comply with the Section 102(a) requires, on and after March 2, 1975, the purcl “American Standard Specifications for Making Buildings and of flood insurance in communities where such insuranc Facilities Accessible to, 2nd Usable by the Physically Handi- available as a condition for the receipt of any Federal finar capped.” Number A117.1-1961, as modified (41 CFR 101-17- assistance for construction or acquisition purposes for use in 7031). The applicant will be responsible for conducting in- area that has been identified by the Director, Federal Emergc spections to insure compliance with these specifications by Management Agency as an area having special flood hazards. the contractor. phrase “Federal financial assistance” includes any form of I grant, guaranty, insurance payment, rebate, subsidy, disz It will cause work on the project to be commenced within a assistance loan or grant, or any other form of direct or indi 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 3 reasonable diligence. PL 93-288, to obtain and maintain any other insurance as ma] reasonable, adequate, and necessary to protect against further 10. It will not dispose of or encumber its title or other interests in to any property which was replaced, restored, repaired, or c the site and facilities during the period of Federal interest or structed with this assistance. while the Government holds bonds, whichever is the longer. 23. It will defer funding of any projects involving flexible fundir 11. It agrees to comply with Section 311, P.L. 93-288 and with until FEMA makes a favorable environmental clearance, if I Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in is required. accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be Z4* It will assist the Federal grantor agency in its compliance excluded from participation in, be denied the benefits of, or be Section 106 of the National Historic Preservation Act of 1 otherwise subjected to discrimination under any program or as amended, (16 U.S.C 470), Executive Order 11593, and activity for which the applicant receives Federal financial as- Archeological and Historic Preservation Act of 1966 (16 U Wa.1 et sew) by (a) consulting with the State Historic Pr vation Officer on the conduct oT investigations, as neceS to identify properties listed in or eligible for inclusion in National Register of Historic places that are subject to adv effects (see 36 CFR Part 800.8) by the activity, and notif the Federal grantor agency of the existence of any such pro ties, and by (b) complying with all requirements established the Federal grantor agency to avoid or mitigate adverse eft upon such properties. 6. 8. 9. sistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved 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 for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title 11 and Title 111 of the Uniform Relocation Assistance and Real Property Acqui- sitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with OMB Circular A-102, P.L. 93-288 as amended, and applicable Federal Regulations. 25. It will, for any repairs or construction financed herewith, con with applicable standards of safety, decency and sanitation in conformity with applicable codes, specifications and si dards; and, will evaluate the natural hazards in areas in wt the proceeds of the grant or loan are to be used and take propriate action to mitigate such hazards, including safe I use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilil to require compliance with these assurances and agreements by applicant or to aSsume responsibility to the Federal government any deficiencies not resolved to the satisfaction of the Regio Director.