HomeMy WebLinkAbout04-024•
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BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
Resolufion No. 04-~<<+
RESOLUTION APPROVING APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT
FLOOD MITIGATION PLANNING GRANT
WHEREAS, the Butte County Board of Supervisors is the governing body of the Butte County
Operational Area; and
WHEREAS, the County of Butte recognizes the need to participate in programs that reduce or eliminate
the long-term risk of flooding; and
WHERF,AS, the Flood Miti~~ation Assistance Grant pro~~ram provides $>0,000 in funds for development of
a Flood Mitigation Plan; and
WHEREAS, the development of such plan will enhance the ability of incorporated and unincorporated
jurisdictions of Butte County to receive further funding for flood mitigation project grants; and
NOW THERFORF,, IT [S HEREBY PROCI,AIMIa AND ORDERED that the Butte County
1mergency Services Officer shall apply for the funds available from the Flood Mitigation Assistance Grant; and
IT IS h'URTHER PROCLAIMED ANll ORDERED the Butte County Board of Supervisors gives the
following assurances listed in Attachment A; and
IT IS FURTHER ORDERED that William S. Curry, General Services Director, and .iohn Gulserian,
Emergency Services Officer of Butte County, are hereby designated as authorized representatives of the County of
Butte for the purpose of receipt, processing, and coordination of all inquires and requirements necessary to obtain
the assistance provided by the Flood Mitigation Assistance Grant Program.
PASSED AND ADOPTEll By The Butte County Board of Supervisors the 24''' day of February 2004 by
the following vote:
AYES: tS;~;~ervisors fi~l~r., Hoax, ,,'osiassei:, Yamaguchi and Chair Beeler
NOES: 1~ione
ABSENT: None
NOT VOTING: 1`lone
ATTEST:
PAUL MCINTOSH, Chief Administrative Oi'ficer
And Clerk of the Board of Supervisors
By:Y __
Deputy ,
Subgrantee Assurances
Note: Certain of these assurances may not be applicable. If you have questions, please contact OES.
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 nonfederal 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 of
California, 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, modify use of, or change terms of real property title, or other interest in the site and facilities
without permission and instructions from the awarding agency. Will record federal interest in 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 non-discrimination 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 applicable 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 gain.
8. Will comply with Intergovernmental Personnel Act of 1970 (42 U.S.A. §§ 4728-4763) relating to prescribed
standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OEM's Standards for a Merit System of Personnel Administration (5 C.P.R. 900, Subpart F).
9. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act 1964 (P. L. 88-352) which prohibits discrimination on the basis of race, color or
national origin; (b) Title IF of the Education Amendments 1972, as amended (20 U.S.A. 1681-1683 and 1685-
1686)which prohibits discrimination on basis of sex; (c) Section 504 of the Rehabilitation Act 1973, as amended
(29 U.S.A. 794), which prohibits discrimination on basis of handicaps; (d) the Age Discrimination Act 1975, as
amended (42 U.S.A. 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act 1972 (P.L. 93-255), as amended, relating to nondiscrimination on basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act 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 1912 (42 U.S.A. 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 1968 (42 U.S.A. 3601, et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination
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10. Will comply, or has complied, with requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act 1970 (P.L. 91-646) which provides 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 Lead-Based Paint Poisoning Prevention Act (42 U.S.A. §§ 4801, et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
12. Will comply with the provisions of the Hatch Act (5 U.S.A. 1501-1508 and 7324-7328), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with federal
funds.
13. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.A. 276a to 276a-7), the
Copeland Act (40 U.S.A. 276c and 18 U.S.A. 874), the Contract Work Hours and Safety Standards Act (40
U.S.A. 327-333) regarding labor standards for federally assisted construction subagreements.
14. Will comply with the floor. ~surance purchase requirements, Se, n 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 $10,000 or
more.
15. 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. L. 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.A. 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.A. 7401 et seq.);
(g) protection of underground drinking water under the Safe Drinking Water Act 1974, as amended (P.L. 93-
523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205); and (i) addresses environmental justice in minority and low-income populations in compliance with EO
12898.
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.A. 1271, et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.A. 470), EO 11593 (identification and preservation of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.A. 469a-1, ET seq}.
18. Will cause to be performed in the required financial and compliance audits in accordance with the Single
Audit Act of 1984.
19. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and
policies governing this program.
The undersigned represents that he/she is authorized by the subgrantee to enter into this agreement for
and on behalf of the said subgrantee.
-,-C
William S. Cur ,~/ ~ General Services Director
Name or Au ~ ed,~p licant's Agent Title
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Signature of Aut orized Applicant's Agent Date
Authorization
I, ER , do hereby certify as the authorized representative or officer of
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County of Butte ,that the information contained in this application is true and correct.
(Name of Organization)
sh~Er ~rcar, board of Sluponoisars
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(Signature)
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(Date)
(Title)