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RES-2007-059RESOLUTION NO. 2 0 0 7 0 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN ECONOMIC DEVELOPMENT INITIATIVE SPECIAL PURPOSE GRANT TO BE USED FOR THE RECONSTRUCTION AND LIGHTING OF THE MAGNOLIA HIGH SCHOOL ATHLETIC FIELDS AND, IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2007 -2008 ACCORDINGLY. WHEREAS, the United States Department of Housing and Urban Development "HUD has heretofore invited public agencies, including the City of Anaheim, to submit application to receive funding through an Economic Development Initiative Special Purpose (EDI -SP) Grant (the "Grant and WHEREAS, the City of Anaheim desires to submit an application for an EDI -SP Grant Number B- 05 -SP -CA -0736 to be used for the reconstruction and lighting of the Magnolia High School Athletic Fields; and WHEREAS, the City is familiar with the terms, conditions and limitations of any such Grant, which terms and conditions include assurances and certifications relating to the institutional, managerial and financial capability of the City (including funds to pay the non Federal share of program costs); the assurance that funds received by City will not be paid to any person for influencing or attempting to influence any agency employees, Members of Congress or their officers and employees in connection with awarding extending, renewing, amending or modifying the award of Federal grant funds; the promise to administer the grant in compliance with Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, the Fair Housing Act, the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, and the National Environmental Policy Act (collectively, the "Acts and any and all regulations relating to these Acts, as such terms and conditions are set forth more fully in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the City is willing and able to conform to each of the terms, conditions and limitations imposed upon any such Grant to the City; and City; and WHEREAS, the City desires to accept any such Grant which may be awarded to the WHEREAS, the City Council desires to amend the annual budget of the City to reflect and incorporate any Grant so awarded to the City, and to increase the annual appropriations and expenditures in the appropriate City program to reflect such award. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Manager of the City of Anaheim is hereby authorized, on behalf of the City of Anaheim, to submit an application to HUD for a Grant to fund the reconstruction and lighting of the Magnolia High School Athletic Fields, and to execute, on behalf of the City, all required Grant documents, and other related documents, including any extensions and amendments thereof. 2. The City Council of the City of Anaheim hereby agrees to, and by this resolution, does accept any such Grant so awarded to the City of Anaheim without further action of the City Council being required therefor and hereby authorizes the City Manager to execute any and all documents required in connection with the acceptance of such Grant so awarded and to take whatever actions are required to finalize such acceptance. 3. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the grantor upon such Grant and the City Manager is hereby authorized and directed to execute any agreements, assurances, or other documents as may be necessary in connection with the acceptance of such Grant as may be required by the grantor, if such Grant is awarded to the City. 4. Contingent upon the award of such Grant and the receipt of Grant funds, the annual budget of the City of Anaheim for Fiscal Year 2006 -07 is hereby amended by increasing the appropriations and authorized expenditures in Program No. 216 213 -4704 in the amount of Ninety- Six Thousand Two Hundred Twenty -Four Dollars ($96,224.00), or in such other amounts as are equal to the amount of Grant funds received by the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this R -h day of M 2007, by the following roll call vote: AYES: NOES: NONE ABSENT: NONE ABSTAIN: NONE Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring By ATTEST: ide J CIT LERK OF THE CITY A EIM 65318.1 CITY OF HEIM MAYOR OF THE CITY (1F ANAHEIM 2 Applicant Assurances and Certifications EXHIBIT A U.S. Department of Housing and Urban Development Instructions for the HUD -424 -B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual must provide the following assurances and certifications. By submitting this form, you are stating that to the best of your knowledge and belief, all assertions are true and correct. As the duly authorized representative of the applicant, I certify that the applicant [Insert below the Name and title of the Authorized Representative, name of Organization and the date of signature]: Name: Title: Organization: Date: 1. Has the legal authority to apply for Federal assistance, has the institutional, managerial and financial capability (including funds to pay the non Federal share of program costs) to plan, manage and complete the program as described in the application and the governing body has duly authorized the submission of the application, including these assurances and certifications, and authorized me as the official representative of the applicant to act in connection with the application and to provide any additional information as may be required. 2. Will administer the grant in compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and implementing regulations (24 CFR Part 1), which provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance OR if the applicant is a Federally recognized Indian tribe or its tribally designated housing entity, is subject to the Indian Civil Rights Act (25 U.S.C. 1301- 1303). 3. Will administer the grant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and implement- ing regulations at 24 CFR Part 8, and the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07), as amended, and implementing regulations at 24 CFR Part 146 which together provide that no person in the United States shall, on the grounds of disability or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance; except if the grant program authorizes or limits participation to designat- ed populations, then the applicant will comply with the nondiscrimination requirements within the designated population. 4. Will comply with the Fair Housing Act (42 U.S.C. 3601 -19), as amended, and the implementing regulations at 24 CFR Part 100, which prohibit discrimination in housing on the basis of race, color, religion, sex, disability, familial status, or national origin; except an applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population. 5. Will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) and implementing regulations at 49 CFR Part 24 and 24 CFR 42, Subpart A. 6. Will comply with the environmental requirements of the National Environmental Policy Act (42 U.S.C.4321 et seq.) and related Federal authorities prior to the commitment or expenditure of funds for property acquisition and physical development activities subject to implementing regulations at 24 CFR parts 50 or 58. 7. That no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification. If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete. and submit Standard Form -LLL, Disclosure Form to Report Lobbying. I certify that I shall require all sub awards at all tiers (including sub grants and contracts) to similarly certify and disclose accordingly. Federally recognized Indian Tribes and tribally designated housing entities (TDHEs) established by Federally- recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage by the Byrd Amendment, but State recognized Indian tribes and TDHEs established under State law are not excluded from the statute's coverage. These certifications and assurances are material representations of the fact upon which HUD can rely when awarding a grant. If it is later determined that, I the applicant, knowingly made an erroneous certification or assurance, I may be subject to criminal prosecution. HUD may also terminate the grant and take other available remedies. Signature of Authorized Representative OMB Approval No. 2501 -0017 (expires 01/31/2008) Date form HUD -424 -B (02/2004)