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CC Resolution No. 847 • - 149 RESOLUTION NO. 847 DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY City Council OF City of Baytown , (Governing Body) (Public Entity) THAT Norman Dykes City Engineer/Public Works Director * (Name of Incumbent) (Official Position) OR (Name of Incumbent) Governor's Authorized Representative, � hereby authorized to execute for and in behalf of City of Baytown a public entity established under the laws of the State of Texas .0is 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 City of Baytown , a public entity established under the laws of the State of Texas , 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 16th of September , 19 83 . Mayor (Name and Title) City Manager (Name and Title) City Clerk (Name and Title) CERTIFICATION I, Eileen P. Hall , duly appointed and City Clerk of (Title) City of Baytown , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of City of Baytown (Governing Body) (Public Entity) on the 16th day of gP_ptPmhmr , 19 83 Date: September 16 , 1983 City Clerk (Official Position) (Signature) Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any incumbent of the designated official position to represent it. FEMA Form 90-83,MAR 81 APPLICANT ASSURANCES The Applicant hereby assures 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 74.4. as they relate to the application, acceptance and use of Federal funds for this Federally• assisted project. Also. the Applicant gives assurance and certifies with respect to and as a condition for the grant that: 1. It possesses legal authority to apply for' the grant, and to finance IS. It will comply with the provisions of the Hatch Act which limit and construct the proposed facilities: that a resolution, motion or the political activity of employees. similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the 16- It will comply with the minimum wage and maximum hours application, including all L nderstandings and assurances contained provisions of the Federal Fair Labor Standards Act, as they apply to therein, and directing anc authorizing the person identified as the hospital and educational institution employees of State and official representative of the applicant to act in connection with local governments, the application and to provide such additional information as may be required. 17. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency 2. It will Comply with the provisions of: Executive Order 11988, (FEMA) Project Application for which Federal Financial as- relating to Floodplain Management and Executive Order 11990. sistance is requested is eligible in accordance with the criteria relating to Protection of Wetlands. contained in 44 Code of Federal Regulations, Part 205. and 3. It will have sufficient funds available to meet the non-Federal applicable FEMA Handbooks. share of the cost for construction projects. Sufficient funds will 18. The emergency or disaster relief work therein described for be available when constriction is completed to assure effective which Federal Assistance is requested hereunder does not or operation and maintenance of the facility for the purpose will not duplicate benefits received for the same loss from constructed, another source. 4. It will not enter into a construction contract(s) for the project or 19. It will 0 ) provide without cost to the United States all lands, undertake other activities until the conditions of the grant pro• easements and rights-of•way necessary for accomplishment of the gram(s) have been met. approved work; (2) hold and save the United States free from 5. It will provide and maintain competent and adequate arehitectur• damages due to the approved work or Federal funding. al engineering supervision and inspection at the construction site 20. This assurance is given in consideration of and for the purpose of to insure that the completed work conforms with the approved obtaining any and all Federal grants, loans, reimbursements, ad- plans and specifications; that it will furnish progress reports and vances, contracts, property, discounts- of other Federal financial such other information as the Federal grantor agency may assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in 6. It will operate and maintain the facility in accordance with the reliance on the representations and agreements made in this as- minimum standards as may be required or prescribed by the surance and that the United States shall have the right to seek applicable Federal, State and local agencies for the maintenance judicial enforcement of this assurance. This assurance is binding and operation of such facilities. on the applicant, its successors, transferees, and assignees, and the i. It will give the grantor agency and the C person or persons whose signatures appear on the reverse as au. Comptroller General, thorized to sign this assurance on behalf of the applicant. 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 requirements of grant. Section 102(a) of the Flood Disaster Protection Act of 1973, 8. It will require the facility to be designed to comply with the Public Law 93.234. 87 Stat. 975. approved December 31. 1973. "American Standard Specifications for Making Buildings and Section ins) requires, on and after starch 2, such the Dance is of flood insurance in communities where such insurance is Facilities Accessible to, and Usable by the Physically Handi• available as a condition for the receipt of apy Federal financial capped," Number A117.1.1961, as modified (41 CFR 101-17• assistance for construction or acquisition purposes for use in any 70311. The applicant will be responsible for conducting in. area that has been identified by the Director. Federal Emergency spections to insure compliance with these specifications by Management Agency as an area having special flood hazards. The the contractor. phrase "Federal financial assistance" includes any form of loan, 9. it will cause work on the grant, guaranty, insurance payment, rebate, subsidy, disaster project to be commenced within a assistance loan or grant, or any other form of direct or indirect 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 314. reasonable diligence. PL 93.286, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss 10. It will not dispose of or encumber its title or other interests in to any property which was replaced, restored, repaired, or con- the site and facilities during the period of Federal interest or strutted with this assistance. while the Government holds bonds, whichever is the longer. 23. It will defer funding of any projects involving flexible funding 11. It agrees to comply with Section 311. P.L. 93.288 and with until FEMA makes a favorable environmental clearance, if this Titic VI of the Civil Rights Act of 1964 (P.L. 83-3521 and to is required. j accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be 24• It will assist the Federal grantor agency in its compliance with excluded from participation in, be denied the benefits of, or be Section 106 of the National Historic Preservation Act of 1966. ` otherwise subjected to discrimination under any program or as amended, (16 U.S.0 470). Executive Order 11593, and the 'ate✓ activity for which the applicant receives Federal financial as. Archeological and Historic Preservation Act of 1966 (16 U.S.C. sistance and will immediately take any measures necessary to 469a•I et seq.) by (a) consulting with the State Historic Preser• effectuate this agreement. If any real property or structure is vation Officer on the conduct of investigations, as necessary, Provided or improved with the aid of Federal financial assist. to identify properties listed in or eligible for inclusion in the ante extended to the Applicant, this assurance shall obligate the National Register of Historic places that are subject to adverse Applicant, or in the can of any transfer of such property, any effects (see 36 CFR Part 800.6) by the activity, and notifying transferee, for the period during which the real property or the Federal grantor agency of the existence of any such proper• structure is used for a purpose for which the Federal financial ties, and by (b) complying with all requirements established by assistance is extended or for another purpose involving the the Federal grantor agency to avoid or mitigate adverse effects Provision of similar services or benefits. upon such properties. 12. It will establish safeguards to prohibit employees from using 625. It will, for any repairs or construction financed herewith• comply their positions for a purpose that is or gives the appearance of with applicable standards of safety, decency and sanitation and being motivated by a desire for private gain for themselves or in conformity with applicable codes• specifications and stan- others, particularly those with whom they have family, business, dards; and, will evaluate the natural hazards in areas in which or other ties. the proceeds of the grant or loan are to be used and take ap- itigate 13. It will comply with the requirements of Title 11 and Title III of use se and c action toonstruction practices. such hazards, including safe land u and c 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. STATE ASSURANCES 14. It will comply with all re' menu imposed by the Federal I grantor agency concerning , al requirements of law, program The State agrees to take any necessan• acl f within State capabilities requirements, and other a Circular -102 requirements approved in to require compliance with these assurances and agreements by the accordance with OMS Circular A•102, P.L 93.288 as amended, applicant or to assume resoonsibility in th. F.A..,1 r _ and annlirahl. t•.,t...l A....:_.____