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HomeMy WebLinkAboutReso 107-1977 RESOLUTION NO. ~o?,77 -- - CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE APPLICATION FOR LAND AND WATER.CONSERVATION FUNDS, OYSTER PO I NT MAR INA PARK PROJEcT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In- Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up neces- sary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said application to the State; and WHEREAS, Part V of said application contains assurances that the applicant must comply with; and WHEREAS, Oyster Point Marina Park project is consistent with the California Outdoor Recreation ResOurces Plan; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for Land and Water Conser- vation Fund Assistance; and [I tl Iii [llli II Ill Il 2. Certifies that said agency understands the assurances in Part V of the application and certifies that it will comply with~the regulations, policies, guidelines and requirements, including A-95 FMC 74-4 and FMC 7, and as they relate to the application, and 3. Certifies that said agency has matching funds from the following source: City - Marina Enterprise Fund . ,~.and can finance 100 percent of the project, half of which will be reimbursed ; and 4. Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 5. Appoints C. Walter Birkelo, City Manager, as agent of the City to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. I hereby certify that the foregoing Resolution was regularly in- troduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 2Othday of July , 1977, by the following vote' AYES, COUNCILMEN Richard A. Battaglia, Emanuele N. Damonte, Terry J. Mirri and Leo Padreddii II NOES, ABSENT, ,, None ABSTAIN, " William A. Borba ATTEST'~ci ty C~l e~~ I'll l! ~llill ill'lTl ., · PART V - ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including A-95, Fb1C-74-4, and Fb1C-74-7, 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 the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances 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 11296, relating to evaluation of flood.hazards, and Executive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purposes constructed. 4. It wftl provide and maintain competent and adequate architectural engineering supervision and inspection at the constructuion site to insure that the completed work conforms with the approved plans and specifications; that it ,,,,all furnish progress reports and such other information as the Federal grantor agency may require. 5. It will operate and maintain the facility in accordance with the minimum standards as may be required or preSCribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 6. It v,511 give the grantor agency and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. ~ 7. It v, aZtl require the facility to be designed to comply with the "American Standard Specifications for Making Bu,'ldin~ and Facilities Accessible to, and Usable by, the' Physically Handicapped," Number Al17.1-1961, as modified (41 CRF 101-17.703). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 8. It will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion v. Sth reasonable diligence. 9. It wffi not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is the longer. lO. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person 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 subj.ected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for wlfich the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 11. It ~aHl establish 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, business, or other ties. 12. It will comply with the requirements of Title II and Title III of the'Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) and the State's Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which provide tbr fair and equitable treatment of displaced persons. 13. It will comply v/ith all requirements imposed by the grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with Office of Management and Budget Circular No. A-102 and related state reqt, irements. 14. It will comply with the provisions of the }latch Act which liinit the political activity of employees. i'll l! uii!11 U.S. DEPARTMENT OF THE iNTERIOR ASSURANCE OF COMPLIANCE (TITLE VI, CIVIL RIGHTS ACT OF 1964) i]l~td41a~ Ne. I ' (hereinafter called "Applicant-Recipient") (Name of Applicant-Recipient) HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L 88-352) and all requirements .imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no per. son in the United States shall, on the ground of race, color, or national origin be excluded from participao tion in. be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from and Bureau or Office Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by , This assurance obligates the Bureau or Office' Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or bene- fits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates ~ Applicant-Recipient for the period during which the Federal financial assistance is extended to it by ..... Bureau or Office THIS ASsuRANcE is given in consideration of and for the purpose of obtaining any and aU Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended 'in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, trans- ferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. DATED APPLICANT-RECI PI £NT By (President,-Chairman of'Board or Comparable authorized Official · APPLICANT. RECIPIF. NT'S MAILING ADDRE5S U.S. GOVERNMENT PRINTING OFFICE: 931-663