CC 2017-04-11_09g Authorized FEMA Signatory
MEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
SUBJECT: CONSIDERATION OF DESIGNATION OF APPLICANT’S AGENTS (STATE
AND FEDERAL DISASTER RELIEF FUNDS)
DATE: APRIL 11, 2017
RECOMMENDATION:
It is recommended the City Council adopt a Resolution designating the Public Works
Director, Administrative Services Director, and Accounting Manager as authorized agents
for the City’s application(s) for state and federal disaster cost recovery assistance.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no direct fiscal impact from adoption of the Resolution. The impact on personnel
resources is unknown at this time. The designation of authorized signatories will provide the
City with the opportunity to recover state and federal disaster relief funds.
BACKGROUND:
In January and February of 2017, the City experienced significant storm damage due to rain
and wind storm events. As a result of these storm events, the City experienced flooding
damage, significant loss of trees, road damage and power outages that affected the City’s
sanitary sewage collection system. During the aftermath, the City incurred costs associated
with the tree and debris removal, equipment rentals, damage repairs, and personnel
overtime.
On February 14, 2017, a Major Disaster was declared by the President for storm incidents
occurring between January 3, 2017 and January 12, 2017. On March 16, 2017, another
Major Disaster was declared for storm incidents occurring between January 18, 2017 and
January 23, 2017. Another declaration is being prepared for the February storms, but has
not been declared as of the preparation of this staff report. San Luis Obispo County, local
jurisdictions, community services districts and private non-profits are eligible for
reimbursement for both events.
On Monday, March 27, 2017, City staff met with California Governor’s Office of Emergency
Services (CalOES) representatives and applied to CalOES for public assistance. In order to
apply for and receive state or federal disaster relief funds, the City Council must designate
Authorized Agent(s) for the City of Arroyo Grande’s applications for cost recovery
assistance and to provide certain assurances to CalOES (Attachment 1). Authorized Agents
are the City officials authorized by the City Council to execute applications and other
Item 9.g. - Page 1
CITY COUNCIL
CONSIDERATION OF DESIGNATION OF APPLICANT’S AGENTS (STATE AND
FEDERAL DISASTER RELIEF FUNDS)
APRIL 11, 2017
PAGE 2
documents as required by the Federal Emergency Management Agency (FEMA) and the
Governor’s Office of Emergency Services (CalOES) for public assistance. The State and
FEMA may decide that the City is not eligible for disaster relief after reviewing the
documentation presented.
ANALYSIS OF ISSUES:
The City Council is requested to designate Authorized Agents for processing the City’s
application(s) for state and federal disaster relief funds. The authorized agent(s) must be
someone other than the governing board, in this case the City Council. It is recommended
the Council adopt a Resolution listing the following individuals as Authorized Agents for the
City for the purposes of applying for state or federal assistance for damages incurred during
the two storm events in January of 2017 and for potential disaster declarations for storm
events in February of 2017:
1. Chris Magdosku, Public Works Director
2. Debbie Malicoat, Administrative Services Director
3. Nicole Valentine, Accounting Manager
ADVANTAGES:
The City could recover a portion of the funds expended during the clean-up and recovery in
the aftermath of these storm events.
DISADVANTAGES:
There are no disadvantages to designating authorized agents for this purpose.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution designating authorized agents for the City’s application(s) for
State and Federal Disaster Cost Recovery Assistance.
2. Do not adopt the Resolution;
3. Modify as appropriate and adopt the Resolution; or
4. Provide direction to staff.
ENVIRONMENTAL REVIEW:
No environmental review is required for the proposed action.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachment:
1. Project Assurances for Federal Assistance
Item 9.g. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DESIGNATING AUTHORIZED
AGENTS FOR THE CITY’S APPLICATION(S) FOR STATE
AND FEDERAL DISASTER COST RECOVERY
ASSISTANCE
WHEREAS, the City seeks to apply for state and federal disaster cost recovery
assistance; and
WHEREAS, the California Governor’s Office of Emergency Services (CalOES) requires
that the City’s governing body identify authorized agents for purposes of applying for
such assistance.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. That Chris Magdosku, Public Works Director; or Deborah Malicoat,
Administrative Services Director; or Nicole Valentine, Accounting Manager,
are hereby authorized to execute for and on behalf of the City of Arroyo
Grande, California, a public entity established under the laws of the State of
California, this application, attached as Exhibit A hereto, 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.
2. That the City of Arroyo Grande, a public entity established under the laws of
the State of California, 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.
On motion by Council Member ________________, seconded by Council Member
_____________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this ___ day of April, 2017.
Item 9.g. - Page 3
RESOLUTION NO.
PAGE 2
______________________________________
JIM HILL, MAYOR
ATTEST:
______________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
ROBERT MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
______________________________________
HEATHER WHITHAM, CITY ATTORNEY
Item 9.g. - Page 4
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 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 , 20
(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 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
CITY COUNCIL CITY OF ARROYO GRANDE
Chris Magdosku, Public Works Director
Deborah Malicoat, Administrative Services Director
Nicole Valentine, Accounting Manager
City of Arroyo Grande
City of Arroyo Grande
x
11th April 17
Kelly Wetmore City Clerk
City of Arroyo Grande
City Council City of Arroyo Grande
11th April 17
Jim Hill, Mayor
Tim Brown, Mayor Pro Tem
Kristen Barneich, Council Member
Barbara Harmon, Council Member
Caren Ray, Council Member
City Clerk
EXHIBIT A
Item 9.g. - Page 5
STATE OF CALIFORNIA Disaster No: ___________________________
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 89 Cal OES ID No: _______________________
DUNS No: ____________________________
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
SUBGRANTEE’S NAME: _______________________________________________________________________ (Name of Organization)
ADDRESS: ___________________________________________________________________________________
CITY: _____________________________________ STATE: ___________________ ZIP CODE: ______________
TELEPHONE: ______________________________ FAX NUMBER: ____________________________________
AUTHORIZED AGENT: __________________________________________ TITLE: ________________________
EMAIL ADDRESS: _____________________________________________________________________________
ASSURANCES – CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to al of your projects. If you have questions, please contact the Californi a
Governor’s Office of Emergency Services. 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 subgrantee named above:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (includin g
funds 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 Unites 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
assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and
facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of real
property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in
whole or in part with federal assistance funds to assure nondiscrimination 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 the applicable time 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 gains.
8. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of
lead based pain in construction or rehabilitation of residence structures.
9. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of th e
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
prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-
Cal OES 89 (Rev.7/13)(Page 1 of 2)
ATTACHMENT 1
Item 9.g. - Page 6
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 (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) which may apply to the application.
10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies 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.
11. Will comply with the flood insurance purchase requirements of 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 $5,000 or more.
12. 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.O 91-190) and Executive
Order (E0) 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) 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.); (f) 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.); (g) protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.O. 93-205).
13. 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.
14. 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), and the Archeological
and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency
Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445,
2446, 2447, and 2448.
16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984
and the Single Audit Act Amendments of 1996.
17. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing
this program.
18. 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:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be
used to pay only eligible costs for projects described above;
b. 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 or state government.
c. 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 California.
19. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549
and 12689, “Debarment and Suspension.”
“I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by the above named subgrantee
to enter into this agreement for and on behalf of the said subgrantee, and by my signature do bind the subgrantee to the terms thereof.”
___________________________________________________________________ SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
____________________________________________________________________ TITLE DATE
Cal OES 89 (Rev.4/11) (Page 2 of 2) Item 9.g. - Page 7
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