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HomeMy WebLinkAbout05/02/1995, C-2 - MARCH STORMS COST RECOVERY MEEnNG DATE: iI�� city of san wi s oBi spo s-2-9 COUNCIL AGENDA REPORT REnn NUMBER: FROM: Bill Statler, Director of Finance Prepared by Carolyn Dominguez, Accounting Manager, Disaster Recovery Coordinator (J" SUBJECT: March Storms Cost Recovery CAO RECOMMENDATION ■ Adopt a resolution designating the City Administrative Officer and Director of Finance as Agents for the City for the purpose of applying for cost recovery from FEMA and OES. DISCUSSION On March 12, 1995 the governor's office declared the County of San Luis Obispo a disaster area in response to flooding and damage from the late winter storms. This declaration entitles the City for recovery for a variety of storm related costs. The Federal Emergency Management Agency (FEMA) will reimburse 75% of eligible costs incurred, and the State Office of Emergency Services (OES)will reimburse 75% of the remaining non-FEMA share or about 19%. The City has 60 days from the declaration date to file the Designation of Applicant's Agent Resolution(Attachment A),the List of Projects(Attachment B),and the Project Application (Attachment Q.These documents, in addition to the Notice of Interest filed March 24, 1995 notify FEMA/OES that the City will be seeking recovery. FEMA/OES will then assign the City an inspection team to survey damage and assist us in preparation of the Damage Survey Reports (DSR's) which are the official requests for cost recovery. Additional damages sustained to projects identified as a result of the January storm will be handled by FEMA as part of the January claim. Representative from FEMA/OES are already working on our request for assistance from the January storm. FISCAL IMPACT Staff is still in the process of documenting estimates of costs related to the March storm. For this filing, FEMA/OES does not need estimates of costs, only the list of the projects identified for potential cost recovery (Attachment B). As soon as estimates are available, Council will be advised of their impact and the potential for recovery from FEMA/OES. ATTACHMENTS A. Designation of Applicant's Agent Resolution B. List of Projects C. Project Application for Federal Assistance State of California ATTACHMENT A Oise • Number 1046 OFFICE OF Feds PA Number EMERGENCY SERVICES State Application Number DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY THE City Council -, OF THE City of San Luis Obispo. California (Board of Direaow at Goveming Body) (Name of Organization) THAT John Dunn _City Administrative Officer m Iteae of Daaignated Agent) Moo) OR Bill Statler Director of Finance (Nove of Designated Agent) Ride) OR (Name of Designated Agent) Ride) is hereby authorized to execute for and in behalf of the City of San Luis Obispo, CA a public entity arra of Organlaacon) established under the laws of the State of California, this application and to file it in the Office of Emergency Service: for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Staffc Disaster Relief and,'Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disasi Assistance Act for Late Winter Storms of 1995 which occurred inMarch 9 of1995 (Fm Food.Earm"ke.etc.) IMpnt)i/Oatel (Year) THAT the City of San Luis Obispo, CA a public entity established under the laws of the State of —"'ape OF aconT California, hereby authorizes its agent to provide to the State Office of emergency services for all matters pertaining such state disaster assistance the assurances and agreements required. Passed and approved this—(a — day of 19 ear IName and Tide of Approving Board or Couned Member) (Name and Tide of Aporoving Board or Conatei)Member) (Name and Tide of Approving Bond or Council Member) CERTIFICATION Diane R. Gladwell , duly appointed and City Clerk of gem Mae of Clerk or Cen(fying Orfielao City of San Luis Obispo, California do hereby certify that the above is a true and correct copy (Name of organizadonl a resolution passed and approved by the City Council of the Ieeard of Directors Or Gweming Body) City of San Luis Obispo, California on the day of 19 _ Warne of Orgenizadord (Dated (Mon3211 (Year) Date: (Clerk or Certifying Officwj oEs Form 170 IRov e/94)DAB Foran l5ipmtve) E C Va z z z z z z z z z $' ocaa a Q � V V CA �`' ice.' �`' �' �.' v t Y Y Y = o W " ayi ayi vS a"i�i a"i--d a"i ai a"i ad 10r ur Q A a A Y E N E E E w E Iva E U O O r N L N Ji N x Vl x 0 xv!x r'- Y N W z— s— s— .0-- -0— m a � Oct (n O . O o � o o06, oa v0.' v0.' Vi -0—u v •`• u = d � ,�, and o � o � � LL W F O E� � E E °) E0 E0 E0 Ez E � E Ex Ex E3 as U U (n 06 WJ � ra p Z y N u 3 c c c ppppm �+ o y ba .` Y L Y y Z VE L E °o �' d o d Wtz N 9 O R Y Ad G Q V O V Li. b 4)d R C = e0 Y• 00 cc YY E O O O O. .- d.. d .. 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CL cc L4 F5 LL H < u W J 0 T < eo ,� •� a Z W 3 o Y v V O 3 Q� w Y CC ° ° = m -: z •O. v; u V E o - L y O Q E c > u Q o ' IL a c G E c ° a _d W Z y y 3 o p W E 3 0 U Z Q Q eV I d c o m CL COH U Q (n •� _ `•r N V7 O U In o = t >0 o J C C ° � m 0 v � c0 N d Oz .1 ° r o o Y D c C 01 Q I Z O E U W Q a' u O E Q .�.1 Z � .dy. U LU O U 00 L 0 0 . U 00 N W n co o 000 m cccc w z co o U F t k \ \ a & 3 z z (D © § cc . _ J ] E \ / ƒ _ ■ 2 w ) @ k -0 x 0 = o o CC © 2 \ \ « _ / ) 2LL E \ .■ 2 � @ O / 9 2 2 j w -i r E � % e 0 §F— < \ R4 \ _ & % ; ƒ 2 § S f \ j � c k ■ a - � k \ / � bo LU k § jIQ k2 . J ƒ ° / ) ] 2a � k k / g o m ! v k $1 CD ) ) CIS § o z / § k 7 | E- E [ k w k LL 0 § . 2 0 LL � $ § I d t $ z cot c / j 0 I 23 o Q z State of C,fifmni, ATTACHMENT C OFFICE OF Agreement No. FEMA- 1046 EMERGENCY SERVICES P.A. No. PROJECT APPLICATION FOR FEDERAL ASSISTANCE Subgrantee's Name: City of San Luis Obispo, CA Organization Unit: (Name of Organin con) 10410W W WAgency-if Appticyo41 Street/P.O. Box: 990 Palm Street City/State: San Luis Obispo, CA County: San Luis .Obispo Zip Code: 93401 Telephone: (805) 781-71 14 Authorized Agent: John Dunn 'tie: Adminicrrativo Off; rpr ASSURANCES - CONSTRUCTION PROGRAMS Note: Certain of these assurance may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the subgrantee named above: 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal 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, 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 standare or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal interest in the 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 nondiscrimination 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 the applicable time 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 gains. S. Will.comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 9. 'Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relay to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Ac of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; IN Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 at seq.), as amended, relating to nondiscrimination in the sale rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and.(j) the requirements on any other nondiscrimination statutes) which may apply to the application. 10. Will comply, or has already died, with the requirements of Titles II ant if the Uniform Relocation Assistance and Real Property Acquisition Po..-.-s Act of 1970 (P.L. 91-646) which provid. ,r fair and 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 flood insurance purchase requirements of Section 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 $5,000 or more. 12. 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.O. 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 0 6 U.S.C. §§ 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.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93-205). 13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 15. Will cause to be performed the required financial.and compliance audits in accordance with the Single Audit Act of 1984. . 16. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program. 17. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the subgrantee application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be used to pay only eligible costs for project described above; b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application which are excess to the approved, actual expenditures as accepted by final audit of the federal government or the State Controller, or both. C. In the event the approved amount of the above numbered project application is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. The undersigned represents that he is authorized by the above named subgrantee to enter into this agreement for and on behalf of the said subgrantee. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL City Administrative Officer TITLE DATE DAB Ram GES 89 1pw 9M)