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HomeMy WebLinkAboutRes 2020-38 - Designate-Authorize Agents - FEMA and Cal Office of Emergency Services for Disaster Aid (OES)STAFF REPORT CITY OF PALM DESERT ADMINISTRATIVE SERVICES DEPARTMENT MEETING DATE: April 16, 2020 PREPARED BY: Stephen Y. Aryan, Risk Manager REQUEST: Adopt Resolution No. 2020 - 38 , a resolution of the City Council of the City of Palm Desert, California, designating the City Manager, Assistant City Manager, and City Treasurer to be the authorized agents to provide required assurances and execute agreements for the purposes of obtaining financial assistance from the Federal Emergency Management Agency (FEMA) and the State of California Governor's Office of Emergency Services (CaIOES) for disaster aid. Recommendation Waive further reading and adopt Resolution No. 2020- 38 Background The California Office of Emergency Services requires that non -state agencies such as the City of Palm Desert submit a CalOES "Form 130" every three years. The Form documents the City Council's authorization of an agent(s) to act on behalf of the City for purposes of receiving disaster assistance from state and federal agencies, including the Federal Emergency Management Agency (FEMA). Approving this document will enable the City to efficiently apply for and request public assistance as the need arises. The "Form 130" will be applicable to the COVID-19 emergency, as well as any other disaster over the next three years. Staff is proposing that the City Council designate the City Manager, Assistant City Manager and City Treasurer as the City's authorized agents. Fiscal Analvsis There is no fiscal impact for approving the resolution. Designating authorized agents may ultimately have a positive fiscal impact because it will enable the City to request public assistance from federal and state agencies to seek recovery of costs related to the COVID-19 emergency and future disaster incidents. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER N/A 2(2 joX Robert W. Hargreaves Lori Carney Janet M. Moore City Attorney Director of Administrative Services Director of Finance Attachment: Resolution No. 2020 - 38 _c Lauri Aylaian City Manager RESOLUTION NO. 2020- 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE CITY MANAGER, ASSISTANT CITY MANAGER, AND CITY TREASURER TO BE THE AUTHORIZED AGENTS TO PROVIDE REQUIRED ASSURANCES AND EXECUTE AGREEMENTS FOR THE PURPOSES OF OBTAINING FINANCIAL ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CaIOES) FOR DISASTER AID. WHEREAS, the City of Palm Desert seeks to apply for Federal Emergency Management (FEMA) and California reimbursement for costs incurred for its ongoing emergency response and damages related to the COVID-19 pandemic and any future disaster incidents; and WHEREAS, the California Governor's Office of Emergency Services (CalOES) administers the State and Federal reimbursement process and grant programs for emergency and disaster relief; and WHEREAS, CalOES "Form 130" requires the City of Palm Desert to designate agents to engage with FEMA and CalOES regarding assistance and grants applied for by the City; and WHEREAS, City staff recommends that the form designate agents by position, instead of specific names, and be effective for all open and future disasters declared by the state or federal government up to three years following the date of approval, so as to expedite processing of requests in the future; and WHEREAS, the City of Palm Desert desires to ensure that "Form 130" makes the City eligible to apply for disaster relief for the COVID-19 pandemic, as well as future disaster incidents for three years. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, that it: Hereby designates the City Manager, Assistant City Manager, and City Treasurer as the City's agents to provide required assurances and execute agreements for the purposes of obtaining financial assistance from FEMA and CalOES for disaster aid; and 2. Approves CalOES Form 130, attached to the Resolution as "Exhibit A," and authorizes the City Manager to file the CalOES "Form 130" with CalOES and submit all related documentation. Resolution No. 2020 - 38 IT IS HEREBY FURTHER RESOLVED AND ORDERED that this Resolution shall become effective immediately upon passage and adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council on this 16th day of April, 2020, by the following vote, to wit: AYES: NOES: ABSENT: NONE: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR 2 EXHIBIT A STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES ID No: Cal OES 130 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Palm Desert (Governing Body) (Name of Applicant) THAT City Manager OR (Title of Authorized Agent) Assistant City Manager OR (Title of Authorized Agent) City Treasurer (Title of Authorized Agent) is hereby authorized to execute for and on behalfofthe City of Palm Desert 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 City of Palm Desert 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: []1'his 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 16th day of April 20 2020 Gina Nestande, Mayor (Name and Title of Governing Body Representative) I Rachelle D. Klassen (Name) the City of Palm Desert (Name of Applicant) (Name and fnle of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION , duly appointed and City Clerk of (Title) do hereby certify that the above is a true and correct copy of a Resolution passed and approved by the City Council (Governing Body) on the 16th day of April 2020 . (Signature) ofthe City of Palm Desert (Name of Applicant) City Clerk (Title) Cal CES 130 (Rev 9/13) Page I STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES 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: 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. 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." Cal OES 130 (Rev 9/13) Page 2