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Home My WebLink About1981-015 Authorizing to File Application for Federal Financial Assistance under Disaster Relief Act1 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 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DESIGNATING THE CITY'S AUTHORIZED REPRESENTATIVE OF CITY AND AUTHORIZING SAID REPRESENTATIVE TO FILE AN APPLICATION FOR CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Marshall W. Julian, Director of Emergency Service, is hereby designated as the City's Authorized Representative, and is hereby authorized to execute for and on behalf of the City of San Bernardino, a public entity established under the laws of the State of California, a project application which shall be filed with 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. SECTION 2. The City of San Bernardino, a public entity established under the laws of the State of California, hereby authorizes its agent to provide the assurances and agreements set forth on Exhibit "A" attached hereto and incorporated herein by reference as though set forth in full and at length to the State and to the Federal Disaster Assistance Administration (FDAA), Department of Housing and Urban Development (HUD) for all matters pertaining to such Federal disaster assistance. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ; 1981, by the following r vote, to wit: t 1 2 3 4 5 AYES: Councilmen NAYS: = 7 ABSENT: � _��.:r y� �f'.:f� r• _{C�1,�_' _ 6 City Clerk 7 Th foregoing resolution is hereby approved this day 5 8 of 1981. 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,pproved as to form: .ity A orney -2- ASSURANCES A. The State agrees to take necessary action within State capabilities to iequirc compliance with these assurances by the applicant or to assume responsibility :o the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. The Applicant Certifies: 13. That (to the best of his knowledge and belief) the disaster relief work described on each Federal Disaster Assistance Admin- istration (FDAA) Project Application for which Federal financial assistance is requested is eligible in accordance with the criteria contained in 24 Code of Federal Regulations, and FDAA (HUD) Handbooks. C. That it is the legal entity responsible under law for the performance of the work detailed or accepts such responsibility. D. That the etnergency or disaster relief work therein described for which Federal assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. E. That all information given by it herein is, to the best of its knowledge and belief, true and correct. F. That all financial assistance received under this application will be, or has been, expended in accordance with applicable law and regulations thereunder. The Applicant Agrees: G. To (1) provide without cost to the United States all lands, easements, and rights -of -way necessary for accomplishment of the ap- proved work; (2) hold and save the United States free from damages due to the approved woik or Federal funding. H. To comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all requirements imposed by the Federal Disaster As- sistance Administration pursuant to that Title to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, religion, nationality, sex, age, or economic status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant received Federal financial assistance from the Agency and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. I. That if any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Federal Disaster Assistance Administration, 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. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property.- In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by FDAA. J. That the assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, reimburse- ments, advances, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Ap- plicant by FDAA, that such Federal financial assistance will be extended in reliance on the representations and -agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assigness, and the person or persons whose signatures appear on the reverse are authorized to sign this assurance on behalf of the Applicant. K. To obtain and maintain any flood insurance as may be required for the life of the project(s) for which Federal financial assistance for acquisition or construction purposes for buildings or mobile homes was provided herein; and, to obtain and maintain any other insurance as may be reasonable, adequate and necessary to protect against further loss to any property which was replaced, restored, repaired or constructed with this assistance. L. That, as a condition for the grant, any repairs or construction financed herewith, shall be in accordance with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards; and, to evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action to mitigate such standards, including safe land use and construction practices. M. To defer funding of any projects involving flexible funding under Section 402 or Section 419 until FDAA makes a favorable environmental clearance determination, if this is required. EX1-R ,,.,,.' rq, HUD-490.1 (6-77) Llil lii�%j �•: