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HomeMy Public PortalAbout1996_02_27_R045DESIGNATION OF APPLICANT'S AGENT RESOLUTION No. 96-45 BE ITRESOLVEDBY the Mayor and CouncilOF the Town of Leesburg~ Virginia., (Governing Body) (Public En tity ) THAT James E. Clem , Mayor * (Name of Incumbent) OR (Official Position) , Governor's Authorized Representative, * (Name of Incumbent) is hereby authorized to execute for and in behalf of Town of Leesburg , 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 Leesburg , 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 27 day of February ,19 96 . (Name and Title) James E. Clem, Mayor (Name and Title) Steven C. Brown, Town Manager (Name and Title) CERTIFICATION ~ Ba:_~bara Ann Markland ,duly appointed and Clerk of Council of (Title) the Town of Leesburg, Virgini,ado hereby certify that the above is a true and correct copy of a resolution pa~sed and approved by the Town Council of the Town of Leesburg, Virginia (Governing Body) (1% blic Entity) on the 27 day of February ,19 96 .... / *Name of incumbent need not be provided in those cases where the governing body of the public entity desires to authorize any incumbent o! the designated official position to represent it. FEMA Form 90-63, MAR 81 APPLICANT ASSURANCES The Applicsat hereby aasurt-s and certifies that he will comply with the FEMA rei, ulatior~, policies, ~uidelines, find requirements including OMB's Circulars No. A-95 and A.102, sad FMC 74-4, as they miata to the application, acceptance sad use of Federal funds for this Federally- assisted proiect. Also, the Applicant gives assurance and certifies with respect to and as a condition for the frsat th·t: 1. ]t posse~es ]·gat authority to apply for the [rant, and to finance 15. It will comply with the proViSions of the Hatch Act which limit and construct the proposed facilities; that a r~olution, motion or similar action hu been duly adopted or pn~ed u an offici*~ act of the applicant's governing body, authorizing the filing of the application, including nj] understandmga and ~aurances contained therein, and directing and authorizing the person identified aa the o~ficial reprelentattve of the applicant to act in connection with t'~.~ application and to provide such additional information aa may be required. 2. It will comply with the provisions of: Executive Order 11985, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds ay·liable to meet the non-Federal ah·re of the cost for cortatructlon prolects. Sufficient funds wilt be available when construction is completed to -aura effective operation and mmntenance of the facility for the purpose constructed. 4. It will not enter into n construction contractis) for the project or undertake other activities until the conditiorts of the grant pro- ~ramis) have been met. 5. it will provide sad maintain competent and adequate architectur- al engineering supervision and inspection at the construction site to insure that the completed work conform· with the approved plar~ and speofications; that it will furnish progress reports and such other information a~ the Federal grantor agency may 6. It will operate end maintain the facility in accordance with the minimum standards aa may be required or pr·scribed by the applicable Federal. State and local agencies for the mait~enance and operation of such facilities. It will g:ve the grantor agency and the Comptroller General, through any authorized representative, access to and the right to ex famine ali records, books, papers, or documents related to the grant 8. It will require the facility to be designed to comply with the "Ameracan Standard Specifications for Making lauildin&s and Facilities Accessible to, and U~able by the Physically Hand:. capped," Number A]17.1-1961, u modified (41 CFR ?031). The ·pphcant will be responsible for conducting in- spect:on· to msure comph·nce w~th these ·pacifications by the contractor. It will cause work on the project to be commenced within reuonable time after receipt of notification from the approving Federal agency that fund· have been approved and will see that work on the pro}ecl will be prosecuted to completion w:th raxton·hie d~l~gence. 10. It will not d~po·e of or encumber its title or other interest, in the s~te and facilities during the period of Federal interest or while the Government holds bonds, whichever ~ the longer. 11. It agrees to comply with Section 311, P.L 93-28~, and with Title Vi of the Civil Rights Act of 1964 (P.L.. 83-$52l and in accordance with Title VI of the Act, no pemon in the United States shall, on the ground of race, color, or n·tion-t origin, be excluded from participation in. be denied the benefits of, or be otherwise subjected to discrimination under any p~o~ram or activity for which the applicant receives Federal financial als[·ncc and will immediately take any measures neceuary to effectuate this agreement. If any re-I property or ~tructura provided or improved with the aid of Yeileral finsacial ance extended to the Applicant, thi~ a~urance ah·Il obligate the Applicant, or in the c~e of any transfer of such property, any transferee, for the Period during which the real property or structure is used for a purpose for which the Fede~ financial ~istance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit emp]oyeea from using their positions for · purpose that ~. or gives the appearance of being motivsted by a desire for private gain for themselves or others, particulxrly tho~e with whom they have f~mity, business, or other ties 13. It will comply with the requirements of Title I! and Title III of the Uniform Relocetion A~'tance and Real Property sitions Act of 19'/0 {[P.L 91-646) which pro.ides for fair and equitable treatment of pemons displaced aa a ~ult of Federal xnd Federxlly-~ted 14. It will comply with all requirements impo~d by the Federal ~sator agency concerning epecial requirement~ of law, pro~'~rn requirements, and other sdministratlve requirements approved in accordance with OMI} Circular A-t02, P.L 95-2g$ ~- amended, and applicable Federal Re~'ulations. the political activity of employees. 16. it will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. as they apply to hospital and educational institution employees of State and local govemment, s. l?. (To the best of his knowledge and belief) the difiuter relief work described on each Federal Eme~ency Management Agency (FEMA) Project Application for which Federal Financial u- si·ts·ce is requested is elisible in accordance with the criteria contained in 44 Code of Federal Regulations, Part '~0~, and applicable FEMA Handbooka. ~8. The emery·ney or diluter relief work therein described for which Federal Asaistenee is requested her·under does not or will not duplicate benefits received for the same Io~d from another saute·. 19. It will (~) provide without cost to the United States all lands. easements and righto-of-way necessary for accomplishment of the approved work; [9) hold and ~ave the United States flee from damages due to the approved work or Federal funding. ~0. This ar, tut·ace is liven in consideration of and for the purpose of obtaining any and all Federal ~sat., Ioan~, reimbursements, vance·, contracts, property, discount. of other Federal financial aaiS·lance extended after the date hereof to the Applicant by FEMA, that such Federal Financial 8rmistanee will be extended in reliance on the representation· and ak'reement, made in this surance and that the United States shall have the right to seek judicial enforcement of this ussurance. This assurance ie binding on the applicant, it. successors, transferee·, and armgnees, and the person or persons whose signatures appear on the fevers· &~ au- thorized to sign this murance on behalf of the applicant. 21. It will comply with the flood insurance purcha·e requirements of Section 102(a) of the Flood DiLL·tar Protection Act of Public Law o~3-2~4, 8T Stat. 3'/5, approved December 3~, Section 102(al requires, on and after March 2, l ~'/5, the purchase of flood insurance in eommunitie· where such insurance is available aa a condition for the receipt of any Federal financial nuistance for cortstruction or acquisition purposes for use in any area that has been identified by the Diraetor, Federal Emergency Management Agency as an ares hsving special flood hazards. The phrase "Federal financial aasistsace" includes any form of loan, g~ant, guaranty, insurance payment, rebate, subsidy, di*-~ter aaaistance loan or ~rant, or any other form of direct or indirect Federal assistance. ~2. It will comply with the insurance requircment~ of Section al4, PL. 9~-2B8, to obtain and maintain ~ny other insurance as may be reisonable, adequate, and necessary to protect against further Imm to xny property which wu replaced, restored, repaired, or eon- structed with this m~·tance. ~3. It will defer funding of any prolect, involving flexible funding until FEMA makes a favorable environmental clearance, if this is required. ~4. It will mat the Federal ~'antor agency in its compliance with Section 106 of the National Historic Preservation Act of ~966, aa amended, {16 U. SC 4';0}, Executive Order 11593, and the A,"cheological and Historic Preservation Act of 1~66 (16 U.S.C 469a-1 et s~q.) by (al consulting with the State Historic Preser- vation Off'ear on the conduct of investigations, as nec·tory, to identify properties Il-ted in or eligible for inclusion in the National Register of Historic pla·es that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal rrantoz agem:y of the existence of any such prop·t- ties, and by (b) complying with all requirements estebli~ed by the Federal grantor qency to avoid or mitigate adverse effects upon ·ueh properties. g,5. It will, for any repairs or construetion financed herewith, comply with applicable atsadards of safety, decency and unit·lion und in conformity with applicable codes, specifications and stan- dards; and, will evaluate the natural hazards in ar·aa in which the proceeds of the grant or loan are to be used and take propriate action to mitigate such hazards, including safe land use and con~U'uction practices. STATE ASSURANCES The State aft·es to take any nee·aa·fy action within State capabilities to require compliance with these assursaces and agreements by the applicant or to ammme responsibility to the Federal government any deficiencies not resolved to the satisfaction of the Regional Dire:tot.