HomeMy WebLinkAboutRES NO 045-17RESOLUTION NO. 04 5 — 1 7
A RESOLUTION DESIGNATING THE AUTHORIZED
AGENT TO REPRESENT THE CITY OF BAKERSFIELD
REGARDING A HAZARD MITIGATION GRANT
FROM THE CALIFORNIA OFFICE OF EMERGENCY
SERVICES FOR TWO EMERGENCY GENERATORS
AND AUTHORIZING THE CITY MANAGER OR
FINANCE DIRECTOR TO EXECUTE ALL NECESSARY
DOCUMENTS.
WHEREAS, the City of Bakersfield is a charter city and public entity established
under the laws of the State of California, and is an Applicant for a Hazard Mitigation
Grant Program (HMGP) grant, FEMA - 4240- DR -CA, for installation of emergency
generators at Beach Park Storm Lift Station and Pistol Range Storm Lift Station; and
WHEREAS, the City of Bakersfield as Applicant, California Office of Emergency
Services (CaIOES), and the Federal Emergency Management Agency (FEMA) are
parties to the HMGP grant; and
WHEREAS, FEMA funding provides for 75% of the projects' cost, with a local
match requirement of 25 %; and
WHEREAS, the HMGP requires that the Bakersfield City Council adopt a resolution
designating the Authorized Agents for the Applicant.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. The City Manager, or the Finance Director, is authorized to execute for and
on behalf of the City of Bakersfield, a public entity established under the laws
of the State of California, this application and to file it with the California
Governor's Office of Emergency Service for the purpose of obtaining certain
federal financial assistance under Public Law 93 -288 as amended by the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988,
and /or state financial assistance under the California Disaster Assistance Act.
3. The City of Bakersfield, a public entity established under the laws of the State
of California, hereby authorizes its agent(s) to provide to the California
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Governor's Office of Emergency Service for all matters pertaining to such
state disaster assistance, the assurances and agreements required by the
HMGP grant.
4. This is a Disaster /Grant specific resolution and is effective for only
Disaster /Grant FEMA - 4240- DR -CA.
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on APR 19 1017 by the following vote:
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AYES' COUNCIL MEMBER RMEM, 6oNMUS, WEIR, SMIM, - -, SUUJVAN, PARUER
ES: COUNCIL MEMBER N 014
ABSTAIN: COUNCILMEMBER Navel.
ABSENT: COUNCIL MEMBER NOnL
APPROVED
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CHRISTOPHIER GERRY
ACTING CITY CLERK AND EX OFFICIO of
APR 19 1011 the Council of the City of Bakersfield
By O
KAREN K. GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By 7�
JOSHUA RUDNICK
DEPUTY CITY ATTORNEY
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Subrecipient Assurances
Hazard Mitigation Grants
Note: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact California Governor's Office of Emergency Services (Cal OES).
Further, certain federal assistance awarding agencies may require applicants to certify to
additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that
the applicant:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial
and financial capability (including funds sufficient to pay the non - federal share of project
costs) to ensure proper planning, management and completion of the project described in
this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if
appropriate, the state, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the assistance; and will
establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or
other interest in the site and facilities without permission and instructions from the
awarding agency. Will record the federal interest in the title of real property in
accordance with awarding agency directives and will include a covenant in the title of
real property acquired in whole or in part with federal assistance funds to assure
nondiscrimination during the useful life of the project.
4. Will comply with the requirements of the assistance- awarding agency with regard to the
drafting, review and approval of construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be
required by the assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gains.
8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et
seq.), which prohibits the use of lead based paint in construction or rehabilitation of
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9. Will comply with alt federal statues relating to nondiscrimination. These include but are
not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683 and 1685 -1686) which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 93 -255) as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91 -616) as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to
nondiscrimination in the sale rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for federal
assistance is being made, and 0) the requirements on any other nondiscrimination
statute(s) which may apply to the application.
10. Will comply, or has already complied, with the requirements of Titles II and III of the
Unifomr Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L.
91 -646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal and federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchases.
11. Will comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total
cost of insurable construction and acquisition is $5,000 or more.
12. Will comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.O. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g)
protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended, (P.O. 93-205).
13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
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14. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593
(identification and preservation of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of
Title 2, Section 8607.1(e) and CCR Tide 19, Sections 2445, 2446, 2447 and 2448.
16. Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996.
17. Will comply with all applicable requirements of all other federal laws, Executive Orders,
regulations and policies governing this program.
18. Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the subgrantee application for federal assistance. Will,
after the receipt of federal financial assistance, through the State of California, agree to
the following:
a. The state warrant covering federal financial assistance will be deposited in a special
and separate account, and will be used to pay only eligible costs for projects
described above;
b. To return to the State of California such part of the funds so reimbursed pursuant to
the above numbered application, which are excess to the approved actual
expenditures as accepted by final audit of the federal or state government.
c. In the event the approved amount of the above numbered project application is
reduced, the reimbursement applicable to the amount of the reduction will be
promptly refunded to the State of California.
19. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in
Federal assistance programs under Executive Order 12549 and 12689, "Debarment and
Suspension."
The undersigned represents that he /she is authorized by the above named subgrantee to enter into
this agreement for and on behalf of said subgrantee.
The undersigned represents that he /she is authorized by the subgrantee to enter into this
agreement for and on behalf of the said subgrantee.
Alan Tandy
City Manager
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Authorization
I, Alan Tandy , do hereby certify as the authorized representative or
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officer of City of Bakersfield , that the information contained in this
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application is true and correct.
City Manager Z
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