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Resolution 2382 \., ... \. RESOLUTION NO. 2382 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT PROVIDING FOR THE DESIGNATION OF APPLICANT'S AGENT 3 BE IT RESOLVED, by the BOARD OF DIRECTORS of the SOUTH 4 TAHOE PUBLIC UTILITY DISTRICT, COUNTY OF EL DORADO, STATE OF 5 CALIFORNIA, AS FOLLOWS: 6 That JAMES R. COFER, MANAGER/ENGINEER, is hereby 7 authorized to execute for and in behalf of the SOUTH TAHOE PUBLIC 8 UTILITY DISTRICT, a public entity established under the laws of 9 the State of California this application and to file it in the 10 appropriate State Office for the purpose of obtaining certain II Federal financial assistance under the Disaster Relief Act 12 (Public Law 28B, 93rd Congress) or otherwise available from the 13 President's Disaster Relief Fund. 14 That SOUTH TAHOE PUBLIC UTILITY DISTRICT, a public 15 entity established under the laws of the State of California, 16 hereby authorizes its agent to provide to the State and to the 17 Federal Emergency Management Agency (FEMA) for all matters 18 pertaining to such Federal disaster assistance the assurances 19 and agreements printed on the reverse side hereof. 20 PASSED AND APPROVED at a duly held regular meeting of 21 the Board of Directors of the South Tahoe Public Utility District 22 on the 20th day of March, 1986, by the following vote: 23 AYES: Directors Wynn, Mason, Madden, Jones, Olson 24 NOE S : None 2fl ABSENT: None 26 27 2M JO ~ SO ~.~ ATTEST: W a ~ PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT IRMAN OF BOARD BLIC UTILITY DISTRICT '\ APPLICANT ASSURANCES The Applicant hereby asaun's 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, aa they relate to the application, acceptance and use of Federal funds for this Federally- aaaisted project. Also, the Applicant gives asaurance and certifies with respect to and aa a condition for the grant that: 1. It posaesaes legal authority to apply for the grant, and to finance and construct the propoaed facilities; that a resolution, motion or similar action haa been duly adopted or puaed aa an official act of the applicant's governing body, authorizing the filing of the application, including all undentandings and aaaurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11988, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds available to meet the non-Federal share of the cost for construction projects. 'Sufficient fund. will be available when construction is completed to aaaure effective operation and maintenance of the facility for the purpose constructed. 4. It will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant pro- lP'am(s) have been met. 5. It will provide and maintain competent and adequate architectur- al engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish proll1'esa reports and such other information u the Federal grantor agency may 6. It will operate and maintain the facility in accordance with the minimum standards u may be required or prescribed by the applicable Federal, State and local agencies for the maintena~ce and operation of such facilities, 7. It will give the grantor agency and the Comptroller General, through any authorized representative, acceu to and the right to examine all records, books, papen, or documents related to the IIrant. 8. It will require the facility to be desillned to comply with the .. American Standard Specifications for Makinll Buildings and Facilities Acceuible to, and Usable by the Physically Handi- capped," Number A117.1-1961, u modified (41 CFR 101-17- 7031). The applicant will be responsible for conductinll in- spections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced within a reuonable time after receipt of notification from the approving Federal agency that fund. have been approved and will see that work on the project will be prosecuted to completion with reuonable diligence. 10. It will not dllpose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bond., whichever is the longer. 11. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the Civil Rights Act of 1964 (P.L. 83.352) and in accordance with Title VI of the Act, no penon in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to dllcrimination under any progr~ or activity for which the applicant receives Federal financial u- sistance and will immediately take any measures neceuary to effectuate this agreement. If any real property or structure is prOVided or improved with the aid of Federal financial aaaist. ance extended to the Applicant, thll aaaurance shall obligate the Applicant, or in the cue 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 aaaistance is extended or for another purpose involving the proVision of similar services or benefits. 12. It :-vill eU.ablish safeguards to prohibit employees from using their pOSItions for a purpose that is or gives the appearance of being motIvated by a desire for private gain for themselves or others, particularly those with whom they have family, busineu, or other ties. 13. It will comply with the requirements of Title II and Title III of th~ Uniform Relocation Assistance and Real Property Acqui- Sitions Act of 1970 (P.L. 91-646) which provides for fair and eqUitable treatment of penons displaced u a result of Federal and Federally'assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning sJ:>e~ial requirements of law, program requirements, and other admlRlstrative requirements approved in accordance with OMB Circular A-102, P.L. 93.288 as amended, and apphcable Federal Relllllations. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. J 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, u they apply to hospital and educational institution employees of State and local governments. 17. (To the best of his knowledge and belief) the disuter relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial as- sistance II requested II eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 205, and applicable FEMA Handbooks. 18. The emergency 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. 19. It will (1) provide without cost to the United States all lands, euements and rights'of-way necesaary for accomplishment of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal fundinll. 20. This aaaurance is lIiven in consideration of and for the purpose of obtaining any and all Federalll1'ants, loans, reimbursements, ad- vances, contracts, property, discounts of other Federal financial aaaistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and all1'eements made in this as- surance and that the United States shall have the right to seek judicial enforcement of this aaaurance. This auurance is binding on the applicant, its successon, transferees, and assignees, and the penon or persons whose signatures appear on the reverse u au- thorized to sign this aaaurance on behalf of the applicant. 21. It will comply with the flood insurance purchue requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1973. Section 102(a) requires, on and after March 2,1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial aaaistance for construction or acquisition purposes for use in any area that has been identified by the Director, Federal Emergency Management Agency as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster aaaistance loan or grant, or any other form of direct or indirect Federal aaaistance. .J 22. It will comply with the insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance u may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or con. structed with this assistance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, if this is req u ired. 24. It will assist the Federal lP'antor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, aa amended, (16 U.S.C 470), Executive Order 11593 and the Archeological and Historic Preservation Act of 1966 (i6 U.S.C. 469a-l et seq.) by (a) consulting with the State Historic Preser- vation Officer on the conduct of investigations, as necessary, to IdentIfy properties listed in or eligible for inclusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity. and notifying the Federal ll1'antor agency of the existence of any such proper- ties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construction financed herewith, comply with applicable standards of safet~., decency and sanitation and in conformity with applicable codes, specifications and stan- dards; and, will evaluate the natural hazards in areas in which the proceeds of the Ilrant or loan are to be used and take ap- propriate action to mitigate such hazards, including safe land use and construction practices. STATE ASSURANCES .J The State agrees to take any neceasary sction within State capabilities to require compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director.