HomeMy WebLinkAbout09-18-2018 Item 8 Storm Event Reimbursement Meeting Date: 9/18/2018
FROM: Brigitte Elke, Interim Finance Director
SUBJECT: STORM EVENT REIMBURSEMENT PROCESSING
RECOMMENDATIONS
1. Adopt a resolution naming the City’s representatives to work with the California Governor’s
Office of Emergency Services (CalOES) to receive grant funding for the tree damage caused
in the February 2017 storm event.
2. Authorize the use of the funding to augment the Urban Forest’s 2018-19 budget for tree
pruning and tree planting in the Downtown corridor.
DISCUSSION
Background
In February 2017, the City of San Luis Obispo experienced a forceful storm event that fell three
trees in Santa Rosa Park, a large Cypress in Laguna Lake Park, and another mature Cypress on
Suburban Road. The Federal Emergency Management Agency (FEMA) recognized the event
and grant funds became available to reimburse jurisdictions for expenditure related to clean -up
of storm debris.
CalOES, administering the funds for FEMA, has approved the City’s expenditure and the funds
are being held by the Grants Processing Unit pending receipt of the Designation of Applicants
Agent Resolution (OES 130 – Attachment b) and the Project Application for Federal Assistance
(OES 89 – Attachment d). Once received, the funds in the amount of $19,559 will be released to
the City.
The resolution will authorize designated staff to proceed with submitting the requested forms as
listed below:
• Designation of Applicant’s Agent Resolution for Non-State Agencies (Attachment b):
CalOES 130 Between the City and State of California – Governor’s Office of Emergency
Services
• CalOES Notification of Obligation (Attachment c): Obligates CalOES to pay the City for
Public Assistance and SDAA Grant Programs, FEMA-4308-DR-CA, Cal OES ID: 079-
68154 in the amount of $19,559.
• CalOES Form 89 (Attachment d): This form works with form CalOES 130 to attach the
Authorized Agent to the Notification of Obligation package.
CONCURRENCE
The Public Works department has been consulted and is supportive of the recommended action.
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ENVIRONMENTAL IMPACT
The California Environmental Quality Act does not apply to the recommended actions in this
report because the actions do not constitute a “project” under CEQA guidelines sec. 15378.
FISCAL IMPACT
The FEMA funds will reimburse the City for work related to the clean-up of tree debris from the
2017 storm event. $19,559 in expenditure were approved and will be released once the resolution
has been approved and the appropriate forms filed. Since the storm damaged several mature trees
in the City’s urban forest, staff recommends using the funds to augment the Urban Forest’s 2018-
19 budget for tree pruning and tree planting.
ALTERNATIVE
The City Council could refuse acceptance of the approved reimbursement. This is not
recommended as it could assist in replacing trees in the City and provide for additional tree
pruning budget.
Attachments:
a - Resolution
b - CalOES 130 8.3.18
c - CalOES Notification of Obligation - FEMA-4308-DR-CA 6.4.2018
d - CalOES 89 8.21.18
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DESIGNATING ITS AGENTS FOR DISASTER
REIMBURSEMENT
WHEREAS, in February 2017, the City of San Luis Obispo experienced a forceful storm
event that was recognized by the Federal Emergency Management Agency (FEMA); and
WHEREAS, funds were made available to jurisdictions to assist with clean-up of the
debris caused by the storm event: and
WHEREAS, the City of San Luis Obispo, as an eligible agency under the FEMA
guidelines, sought reimbursement of the cost to clean-up several mature trees that had fallen: and
WHEREAS, in order to access the approved funds, the City of San Luis Obispo needs to
authorize agents to act on its behalf as required by FEMA and the State Office of Emergency
Services (CalOES) to receive the financial assistance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Finance Director, the Accounting Manager/Controller, and the Senior
Accountant are hereby designated as the City’s agents to provide CalOES for all matters pertaining
to such federal and state disaster assistance, the assurance, and agreements required. Furthermore,
the Finance Director is hereby authorized to execute any and all documents forms, and agreements
in order to implement FEMA and CalOES required forms.
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Resolution No. _____ (2018 Series) Page 2
R ______
SECTION 2. The Mayor is hereby authorized to execute CalOES Form 130 – Designation
of applicant’s agent resolution for non-sate agencies.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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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 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 .
(Signature) (Title)
Cal OES 130 (Rev.9/13) Page 1
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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.”
Cal OES 130 (Rev.9/13) Page 2
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Cal OES 89 (Rev.02/17) (Page 1 of 3)
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
SUBRECIPIENT’S NAME:
(Name of Organization)
ADDRESS:
CIT Y: STATE: ZIP CODE:
TELEPHONE: FAX NUMBER:
AUTHORIZED AGENT: TITLE:
EMAIL ADDRESS:
ASSURANCES – CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to all of your projects. If you have questions, please contact the California
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 subrecipient named above:
1. 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 described in this application.
2. Will give the awarding agency, the Comptroller General of the Unites States, Federal Office of Inspector General 2 CFR
200.336, 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.
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Cal OES 89 (Rev.02/17) (Page 2 of 3)
9. 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 (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-
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. Subrecipients expending $750,000 or more in federal grant funds annually are required to secure an audit pursuant to
OMB Uniform Guidance 2 CFR Part 200, Subpart F. 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 disclose in writing any potential conflict of interest to the Federal awarding agency or pass-through entity in
accordance with §200.112.
18. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing
this program.
19. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in
the subrecipient 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.
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Cal OES 89 (Rev.02/17) (Page 3 of 3)
20. The non-Federal entity for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency
or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially
affecting the Federal award §200.113. Failure to make required disclosures can result in any of the remedies described in
§200.338 Remedies for noncompliance, including suspension or debarment.
21. Will not make any award or permit any award (subaward 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 P ENALTY OF P ERJURY that I am duly authorized by the above named
subrecipient to enter into this agreement for and on behalf of the said subrecipient, and by my signature do bind the subrecipient
to the terms thereof.”
PRINTED NAME
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE DATE
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