HomeMy WebLinkAboutCC RES 98-13 1
2 RESOLUTION NO. 98-13
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 TUSTIN, CALIFORNIA DESIGNATING THE DIRECTOR OF
PUBLIC WORKS AS CITY'S AGENT FOR THE SUBMITTAL
5
OF THE HMGP APPLICATION TO THE GOVERNOR'S
6 OFFICE OF EMERGENCY SERVICES FOR THE IRVINE
BOULEVARD STORM DRAIN PROJECT, CIP/RDA
7 PROJECT NO. 900024
8
WHEREAS, the City of Tustin desires to apply for grant funding provided for under the
9 Hazard Mitigation Grant Program (HMGP) administer through the Govemor's Office of
Emergency Services (OES) - Disaster Assistance Programs Branch; and
10
11 WHEREAS, the City of Tustin has forwarded .the application to the OES on January 30,
1998 to meet the application deadline; and
12
WHEREAS, Item No. 26 "Designation of Applicant's Agent Resolution and
13 Certification" of the application was deferred, pending City Council action and City Clerk
14 certification;
15 WHEREAS, upon approval of Cit~ Council and City Clerk certification, the application
would be complete.
16
17 NOW, TFIEREFORE, BE IT RESOLVED that the City Council of the City of Tustin
designates the Director of Public Works as the City's agent and approves and certifies Item No. 26
18 "Designation of Applicant's Agent Resolution and Certification" hereby attached, and
19 BE IT FURTHER RESOLVED that the City Clerk is authorized to sig-n and certify the
9-0 aforementioned Item No. 26.
21 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 17th day of February, 1998.
S et , 42 ; omas, M yor
ATTEST:
25
28
26. Designation of Appl icant:s Agent Resolution and Certification
Be It Resolved By The City Council , of the City of Tustin
(Board of Directors or Governing body) (Name of organizabon)
that Tim D. Serlet , Director of Public Works/City Engine~F or
(name of Designated Agent) (Title)
OF
(name of Designated Agent) (Title)
OF
(name of Designated Agent) (Title)
is hereby authorized to execute for and on behalf of the city 6f 1:ustin
(Name of Organization)
a local government entity, state agency, special district or nonprofit organization established under
the laws of the state of California, this application and to file it in the Govern0r's Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988, P.L. 93-288, as amended.
That the City of Tustin , hereby authorizes its agent to provide
(Name of Organization)
to the Governor's Office of Emergency Services for all matters pertaining to such disaster assistance
the assurances and agreements required.
Passed and approved this 17rh day of February , 19 98
(Date) (Month) (Year)
Jeffrey M. Thomas, Mayor
(Name and Title of Approv,ng Board or Council Member)
(Name and Title of Approv,ng Board or Council Member)
CERTIFICATION
I, Valetie Crabill , duly appointedchief Deputy City Clerk Of
(Name) (Title of Clerk or Certifying Offimal)
City. of rustin , do hereby certify that the above
(Name of Organmation)
is a true and correct copy of a resolution passed and approved by the
City Council of the City of Tustin
(Board of Directors or Goveming Body) (Name of Organization)
on the 17Oh day of bruary -1998
(Date) ' ' ~ ' (Year)
chief Deputy city clerk L' n'Z
Clerk or Certifying Official) (Signature) (Date)
Adminisn'afive Documents 3
27. Subgrantee Assurance State of California Hazard Mitigation Grant Program (Section 404,
Stafford Act) Note: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact (DES. 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 appli~:ant:
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 orin 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) relatin~ to prescribed
standards for medt systems for programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OEM's Standards for a Medt 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) wh, ich 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
ComprehensiveAlcohol 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
provisions in the specific statute(s) under which application for federal assistance is being made, and (j) the
requirements on any other nondiscrimination statute(s) which may apply to the application.
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.
Administrative Documents 4
13. Will comply, as app cable 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 flood insurance purchase requirements, 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 $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 ;I 1990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (el
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.); (0 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 Ristoric
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.
T~m D. Serlet Director of Public Works/City Engineer
·
ent / bate
28. Authorization
I, Tim P. Serlet , do hereby certify as the authorized representative or officer of
(Na,me)
City of Tustin , that the information contained in this application is true and
(Name of Organization) "
correct.
(Title) Ci;cy Sngine;~r ' (Signature) L/ ~Dat~
Administrative Documents 5
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-13
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 17th day of February, 1998, by the following vote:
COUNCILMEMBER AYES:' Thomas, Doyle, Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Saltarelli
ela Stoker, City Clerk