RES-8864 State and Federal Hazard Mitigation Grant FundingRESOLUTION NO. 8864
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE AUTHORIZING
CERTAIN STAFF TO RECEIVE STATE AND
FEDERAL HAZARD MITIGATION GRANT
FUNDS ON BEHALF OF THE CITY.
WHEREAS, State and Federal law requires the City to make certain designations in
order to receive funds from the Hazard Mitigation Grant Program and FEMA Emergency
Management Assistance Program,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
does hereby approve and adopt the Designation of Applicant's Agent Resolution attached hereto
and authorizes the Mayor and City Clerk to sign said document in the places specified,
ADOPTED this 13th day of January, 1998.
Attest:
JA.<JA-uA?~J ~<,.
evd-City Clerk of the City of
Orange I hereby certifY that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 13th day of January,
1998,by the following
vote:AYES:COUNCIL MEMBERS: IWRPHY, SLATER, COONTZ,
SPURGEON
ALVAREZ NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
NONE dmlgrn/reso/98/
SIGNATURE AUTHORITY
RESOLUTION NO. 8864
BE IT RESOLVED BY THE City Council
Governing Body)
of City of Oran ge that the individuals whose names, titles, and specimen
Jurisdiction)
signatures appear below are hereby designated as Authorized Officials and are authorized to
executll for and in behalf of Ci tv of Oranae . a public entity established under the
Jurisdiction)
laws of the State of California, applications and documents for the puzpose of obtaining financial
assistance.
J~I, (Signature)I ~
r 'mat
Alternate
Signature)Joanne
Coontz. Mayor Typed
name and tiUe)Vincent
Bonacker. Fire Chief Typed
name and tiUe)Helen
Bell, Finance Director Typed
name and tiUe)PASSED
AND APPROVED THIS 13th DAY OF January 1998 Joanne
Coontz, Mayor Name
and TiUe)Cassie
Cathcart. City Clerk Name
and TiUe)1
1/7"-oa~~-
i-
Name andTiUe)C~.&4;/~
Gd4CtuL Name andTiUe)FFY 98
EMERGENCY MANAGEMENT ASSISTANCE PROGRAM GUIDANCE Page 21 i i
Ci ty Counc il
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
Disaster Number DR-
1008-
CA FIPSNumber State
Application Number City
of Orange State
of Califomia Govemor's
Office elf
Emergency Serviens
For
State
use only BE IT RESOLVED BY
THE OFTHE Board 01 Directors or Governing body)Name
01 organization)T--
r Joanne Coontz name
of
Designated
Agent)
Mayor Title)
c Vincent Ronacker name
01 Designated
Agent)
Fire
Chief Tille)
OR Helen Bell name
01 Designated
Agent)
Finance Oirector Tille)ishere by authOrizl!d to execute for and in behalf of the City
of Or~e Name
of organ n)a
Local government entity,state agency, spec:ial district or nonprofit organization established under the laws of the State of Califomia, this
application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P,
L. 93-288 as amended by the Robert T, Stafford Disaster Relief and Emergency
Assistance Act of 1988,That the City of Oranqe , hereby authorizes its agent to provide to
the State Office
of Name 01 Organization)Emergency Serviclls for all matters pertaining to such disaster assistance the
assurances and agreements required,Passed
and
approved this 13th
Date)
day
of
January
Month)
1998 Year)CERTIFICATION I, Cassie Cathcart duly appointed and City Cl erk of
City of Orange Nlame) (TItle 01 Clerk or Certifying Official) (
Name 01 Organization)do hereby certify that the above is a true and correct copy of a resolution passed
and approved by
the City Council Board 01 Directors
or Governing Body)of the
City of Orange
Name 01 Organization)the 13th
da~of
January
date) (
Month)1998 year)Date:
j-/f)- '~
Citv
Clerk 1. (Clerk or
Certifying Official)A~~1:
ASSURANCES/CERTIFICATION
EMERGENCY MANAGEMENT PROGRAM
NOTE: Certain oIthese assurances may not be applicable to your project or program. If you have any questions, please contact your
regional administrative office. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
such is the case" you will be notified.
As the duly authorized representative ofthe applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and
the institutional, managerial and financial capability
including nlllds 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 award; ar,d will establish a proper accounting system
in accordance with generally accepted accounting standards
or agency
directives.3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or presents
the appearance of personal
gain.4. Will initiate and complete the work in the applicable
time frame after the receipt of approval of the awarding
agency.5. Will comply with the Intergovernmental PersoMel Act
of 1970 (42 USC 4727-4763) relating to
prescribed standards for merit systems for programs funded under one
of the nineteen statutes or regulations specified in Appendix
A of OPM's Standards for a Merit
System ofPersOMel Administration (5 CFR 900,
Subpart F).6. Will comply with all Federal statutes
relating to nondiscrimination. These include but are not limited
to (a)Title VI of the Civil Rights Act of 1964 (PL
88-352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IV of
the Education Amendments of 1972, as amended (20 USC
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 USC 794), which
prohibits discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (
42 USC 6101-6107), which prohibits discrimination on the basis
of age; (e) the Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), 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 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
section 523 and 527 of the Public Health Service Act of 1912 (
42 USC 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 of
1968 (42 USC 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or
fwancing of housing; (i) any other nondiscrimination provisions
in the specific statute(s) under which application for Federal
assistance is being made; and 0) the requirements
of
any other nondiscrimination statute(s) which may apply to
application.7, Will comply, or has already complied, with the
requirements of Title II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (PL 91-646) which provide for
fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or
Federally assisted programs. These requirements apply to all
interest in real
property acquired for project purposes regardless of Federal participation in purchase.8.
Will comply with the provision to the
Hatch Act (5 USC 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.9. Will comply, as applicable, with
the provisions of the Davis-Bacon Act (40 USC 276a to
276a-7), the Copeland Act (40 USC 276c and
18 USC 874), and the Contract Work
Hours
and Safety Standards Act (40 USC 327-333),
regarding labor standards for federally assisted construction subagreements.
10. Will comply, ifapplicable with flood insurance purchase
requirements of Section 102a of the Flood Disaster Protection Act of
1973 (PL 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
11. Will camply with environmental standards which may be
prescn'bed pursuant ta the fallawing: (a) institutian of
enviranmental quality cantral measures under the National
Enviranmental Policy Act .of 1969 (pL 91-190)
and Executive .order (EO) 11514; (b) natificatian
afvialating facilities pursuant to EO 11738; (c) protectian .of
wetlands pursuant to EO 11990; (d) evaluatian .of flaad hazards
in flaadp1ains in accordance with EO 11988; (e) assurance
of praject cansistency with the approved State
management pragram developed under the Caastal Zane
Management Act .of 1972 (16 USC Sectians 1451 et seq.); (t)
canfarmity of Federal actians ta State (Clear Air)
Implementation Plans under Sectian 176 (c) .of the Clear Air Act .of 1955,
as amended (42 USC Sectian et seq.); (g) pratectian .
of underground saurces of drinking water under the
Safe Drinking Water Act .of 1974, as amended, (pL 93-
523); and 11) protection .of endangered species under
the Endangered Species Act .of 1973, as amended, (
PL 93-205).12. Will comply with the Wild and Scenic Rivers
Act .of 1968 16 USC Sections 1271 et seq,)
related ta pratecting camponents of the natianal wild and
scenic rivers systems.13. Will assist the awarding agency
in assuring compliance with Section 106 .of the Natianal
Histaric Preservatian Act of 1966, as amended (16 USC
470), EO 11593 identificatian and pratectian .of historic
properties), and the Archaealagica1 and Histaric Preservatian Act .
of 1974 (16 USC
469a et seq.)14. Will comply with PL 93-348
regarding the pratection .of human subjects invalved
in research develapment, and related activities supparted by
this award .of assistance.15. Will comply with the Labaratary
Animal Welfare Act of 1966 (pL 89-544, as amended,
7 USC 2131 et seq.)pertaining ta the care,
handling, and treatment .of wann blaaded animals held
far research, teaching, or other activities supported
by this award .of assistance.16. Will comply with
the Lead Based Paint Paisaning Preventian Act (42 USC
Sectian 4801 et seq.) which prohibits the use oflead
based paint in canstructian .
or rehabilitation of residence structures.17, Will cause to be
performed the required fmancial and campliance audits in accordance
with the
Single Audit Act of 1984.18, Will camply with all
applicable requirements .of all other Federal laws,
executive .orders, regulations
and policies governing this program.19. Will camply with the
minimum wage and maximum hours provisions of the Federal
Fair Labor Standards Act (29 USC 201), as they apply
ta employees of institutions of higher
ducation,
hospitals, and other non-profit organizations.20. As required by the
Drug-Free Workplace Act of 1988, and implemented at 44 CFR
Part 17, Subpart F, for grantees, as defmed at 44 CFRPart
17 Sections 17.615 and 17.620.The applicant certifies
that it will continue to provide a
drug-free warkplace by: (a) publishing
a statement notifying emplayees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance
is prahibited in the grantee's workplace and specifying
the actions that will be taken against employees for
via1ation .of such prohibition; (b) establishing an
on-going drug-free awareness pragram ta inform employees about
the dangers of drug abuse in the workplace, the
grantee's policy .of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and
emplayee assistance programs; and the penalties that may be
imposed upon employees for drug abuse violations occurring in
the workplace; (c) making it a requirement that each employee to be
engaged in the performance of the grant be given
a copy of the statement required by paragraph (
a); (d)notifying the emplayee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will abide bJ the terms of the
statement and notify the employer of any criminal drugstatute
conviction for a violation occurring in the workplace n.o later
than five days after such a conviction; (e)
notifying the agency within ten days after receiving
notice under subparagraph (d)(2), fram an emp1ayee
or .otherwise receiving actual notice .of
such conviction. Employers of convicted employees must provide notice,
including position title, to the applicable FEMA awarding office, Le.
regional office or FEMA .office; (t) Taking one of
the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any
employee who is so convicted: (1) taking appropriate personnel
action against such an employee, up to and
including termination;consistent with the requirements of the Rehabilitation Act
of 1973, as amended; .or (2) requiring such
employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by
a Federal, State, or lacal health, law enforcement, or
other appropriate agency; (g) making a good
faith effort to continue to maintain a drug-free warkplace
through implementation of paragraphs (a), (b), (c), (d), (
e) and (t).21, This certification
is required by the regulatians implementing Executive Order 12549, Debannent
and Suspensian, 44 CFR Part 67. The applicant certifies
that it and its principals: Ca) are not presently
proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any
Federal department or agency; (b) have not within a three-
year period preceding this application been convicted of or
had a civilian judgment rendered against them for
commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or perform a public
Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property; (c) are not
presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and (d) have not
within a three-year period preceding this application
had one or more public transactions (Federal, State or
local)terminated for cause or default Where the applicant
is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to
this
application.22.As required by section 1352, Title 31 of the US Code,
and implemented at 44 CFR Part 18, for persons entering into
a grant or cooperative agreement over $100,000, as
dermed at 44 CFR Part 18, the applicant certifies that: (a)
no Federal appropriated funds have been paid or will be
paid,by or on behalf of the undersigned, to any person
for influencbg or attempting to influence an officer
or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member
of Congress in connection with the making of any
Federal grant, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment,
or modification of any Federal grant or
cooperative agreement; (b) if any other funds than Federal
appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an
officer or an employee of Congress, or employee of a member
of Congress in connection with this Federal grant
or cooperative agreement, the undersigned shall complete
and submit Standard Form LLL, "Disclosure
ofLobbying Activities," in accordance with its instructions; (c)
the undersigned shall require that the language of
this certification be included in the award documents for
all subawards at all tiers (including subgrants, contracts
under grants and cooperative agreements, and subcontracts)
and that all subrecipients shall certify and disclose
accordingly,Standard Form LLL "Disclosure of Lobbying
Activities"will be made available upon
request Date
Submitted Januar 13,
1998 FFY 98 EMERGENCY MANAGEMENT ASSISTANCE PROGRAM GUIDANCE Page
SUBGRANTEE CERTIFICATION I
STATE OF CALIFORNIA
HAZARD MITIGATION GRANT PROGRAM
Section 404)
iUBGRANTEE'S NAME
IDDRESS
City of Oranqe
300 E. Chapman Avenue
Oranqe, CA 92866
714) 288-
2501 Vincent Bonacker. Fire
Chief
TELEPHONE AUTHORIZED
AGENT Note: Certam of these assurances may not be applicable to your project or program, If you
have questions, please contact your State Hazard Mitigation
Officer,As the duly authorized agent of the applicant I certify that the subgrantee named
above:a, 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(s) described
in
my application,b, Will give the awarding agency, the Comptroller General of the United States,
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 to permit the tracing of funds
to a level of expenditures adequate to establish that such funds have not been used in
violation of the restrictions and prohibitions of
applicable statutes,c, Will maintain records which adequately identify the source and application of
funds, This responsibility rests entirely with the subgrantee, and failure to keep and
maintain proper documentation will result in disallowing reimbursement of final claimed costs at time
of final inspection or audit and the refunding of funds previously reimbursed or advanced;
and will retain such records for three (3) years following any final payments and
project closure,d, Will submit progress reports on a quarterly basis until project closeout. Reports
will indicate the status and completion dates for each project funded, Any problems
or circumstances affecting the completion dates, scope of work, or project costs which are expected to
result in noncompliSnce with the approved grant conditions shall be described in
the report,e, Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act
1. Will comply with all federal statutes relating to nondiscrimination. These include, but are not
limited to, the following: (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 prohibits discrimination on the basis of handicaps; (
d) the Age Discrimination Act of 1975, as amended (42 U,S,C.: 6101~107)
which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L.
91~16) 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, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;g) 523 and 527 of the Public Health Service Act 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; (h) Title VIII of the Civil rights Act of 1968 (42 U,S.C.: 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 Q) the requirements on any other nondiscrimination statute(
s) which
may apply to the application,g, Will comply, as applicable, with the provisions of the Davis-Bacon Act (
40 U,S.C,: 276a to 276A-7), the Copeland Act of 1973 (40 U,S.C,:276c and 18
U,S.C,:874), the Contract Work Hours and Safety Standards Act (40 U,S,
C,: 327-333)
regarding labor standards for federally assisted construction sub-agreements,h. Will comply with federal
and state environmental regulations. These include, but are not limited to, the following: (
a) environmental review 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) environmental justice in accordance with EO 12898; (
f) assurance of project consistency with the approved state management program developed under the Coastal Zone
Management Act of 1972 (16 U,S.C.: 1451 et seq.); (g) 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.); (h) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended, (42 U,S,C,: sec, 300h et seq; 40
C.F,R parts 144-149; P,L. 93-523); (i) protection of endangered
species and habitat under the Endangered Species Act of 1973, as amended,16 U,S,C,: 1531 et
seq.; P,L. 93-205); Q) flood insurance under the Flood Disaster Protection Act of
1973 (P,L, 93-
234) and (k) requirements under the California Environmental Quality Act CEQA) and CEQA Guidelines.I. 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,j,
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 - 36 C.F,R Part 800), and the Archaeological
k. Will comply with mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (P.L. 94-
163).I. Will minimize the time elapsing between the transfer of funds and their disbursement
whenever possible; and will promptly, but at least quarterly, remit interest earned on advances to
the state. Subgrantees may keep interest amounts up to $100 dollars per year for
administrative
expenses.m, Will provide assurances to obtain reasonably available, adequate, and necessary
insurance for the type or types of hazard for which the major disaster was
declared.n. Will initiate and complete the work within the applicable time frame after receipt of approval
of the awarding
agency,o. 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,p, 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.q. Will comply with the Lead-Based Paint Poisoning Act (42 U,S,C.: 4801 et. seq,)
which prohibits the use of lead based paint in construction or rehabilitation or
residential structures.r, Will comply, or has already complied, with the requirements of Titles II and III of
the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P,L. 91-
646) which provides for 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,s, Will comply with all applicable requirements of all other federal
laws, Executive Orders,regulations and policies
governing this program.t. 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:1, The State warrant covering financial assistance will be deposited in a
special and separate account, and will be used to pay only eligible costs for project(s) described
in the application;2. 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,
3. 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 Cl~lifomia.
The undersi!~ned represents that he is authorized by the above named subgrantee to enter into this
agreement f()r and on behalf of the said subgrantee.
Vincent Bonacker
Name of Authorized Applicant's Agent - Type or Print Fire
Chief Title
JAM~
t13rnatj>J~Signature
Of Authorized Applicant's Agent t-/
Z/Q8 I
Date 4