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HomeMy WebLinkAboutItem No. 12 - Resolution Authorizing the City Manager to Complete and Obtain Necessary Signatures to Complete Cal OES Form Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: April 15, 2020 To: Honorable Mayor and City Council Members From: Rebekah Kramer, Assistant City Manager Subject: Resolution Authorizing City Manager to Complete Cal OES Form 130 Recommendation Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain necessary signatures to complete Cal OES form 130 for purposes of obtaining emergency funding. Background COVID19 is an ongoing global pandemic threatening the health of every citizen, including the citizens of the City of San Bernardino. The City is able to receive money from FEMA in order to assist its citizens during this pandemic. In order to receive the funds, the City must file form Cal OES 130, Designation of Applicant’s Agent Resolution for Non-State Agencies, with the Office of Emergency Services. Discussion Through the adoption of the attached Resolution No. 2020 -72, the City Council would authorize the City Manager to complete a nd submit form Cal OES 130 to the Office of Emergency Services. The draft form identifies the City Manager, Assistant City Manager, and Finance Director as the City’s authorized agents for the purposes of obtaining certain federal financial assistance und er Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. The adoption of the Resolution and submission of the form would authorize the above agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Cal OES 130 is a universal resolution that is effective for all open and future disasters up to three (3) years following the date of its submission. 2020-2025 Strategic Targets and Goals This action aligns with Key Target No. 1: Financial Stability as it will enable the City to receive funds to reimburse costs associated with the City’s emergency response to the COVID-19 pandemic. Fiscal Impact None associated with this action. 6686 Page 2 Conclusion Adopt Resolution No. 2020-71 authorizing the City Manager to complete and obtain necessary signatures to complete Cal OES form 130 for purposes of obtaining emergency funding. Attachments Attachment 1 Resolution No. 2020-71; Exhibit “A” - Draft Cal OES 130 Ward: All Synopsis of Previous Council Actions: On March 18, 2020 the Mayor and City Council adopted Resolution No. 2020 -51 declaring the existence of a local emergency. Resolution No. 2020-71 RESOLUTION NO. 2020-71 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO COMPLETE AND OBTAIN NECESSARY SIGNATURES TO COMPLETE CAL OES FORM 130 FOR PURPOSES OF OBTAINING EMERGENCY FUNDING WHEREAS, on March 13, 2020, the City Manager proclaimed the existence of a local emergency within the City in connection with the global pandemic caused by the spread of COVID-19; and WHEREAS, on March 18, 2020, the City Council ratified the proclamation and declared the existence of a local emergency; and WHEREAS, the City expects to expend unanticipated costs in response to the emergency which may be reimbursable at the federal and state levels; and WHEREAS, in order to obtain certain federal financial assistance under Public Law 93- 288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act, the City must complete and submit form Cal OES 130 to the Office of Emergency Services. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby authorizes the City Manager to complete and submit form Cal OES 130 to the Office of Emergency Services in the form attached hereto as Exhibit A. The City Manager may identify the City Manager, Assistant City Manager, and Finance Director as the City’s authorized agents for the purposes of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Resolution No. 2020-71 SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 15th day of April, 2020. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, Acting City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney Resolution No. 2020-71 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-72, adopted at a regular meeting held at the 15th day of April, 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. ______________________________ Genoveva Rocha, CMC, Acting City Clerk STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES 130 Cal OES ID No:______________________ DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE OF THE (Governing Body)(Name of Applicant) THAT ,OR (Title of Authorized Agent) ,OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant) established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Please check the appropriate box below: This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below. This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of ,20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I,,duly appointed and of (Name)(Title) ,do hereby certify that the above is a true and correct copy of a (Name of Applicant) Resolution passed and approved by the of the (Governing Body)(Name of Applicant) on the day of ,20 . (Title) Page 1 (Signature) Cal OES 130 (Rev.9/13) Resolution No. _______________________ STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES 130 -Instructions Cal OES Form 130 Instructions A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted. When completing the Cal OES Form 130,Applicants should fill in the blanks on page 1.The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors,City Council,Board of Supervisors,Board of Education, etc. Name of Applicant:The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section: 1.Titles Only: If the Governing Body so chooses,the titles of the Authorized Agents would be entered here,not their names.This allows the document to remain valid (for 3 years)if an Authorized Agent leaves the position and is replaced by another individual in the same title.If “Titles Only”is the chosen method,this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body’s signature. 2.Names and Titles: If the Governing Body so chooses,the names and titles of the Authorized Agents would be listed.A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board,Director,Superintendent,etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed. Certification Section: Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval. Examples include:City Clerk,Secretary to the Board of Directors,County Clerk,etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.” Page 2Cal OES 130 (Rev.9/13)