HomeMy WebLinkAbout2020-039 - CalOES130STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES ID No: 059-69000
CAL OES 130
DESIGNATION OF SUBRECIPIENT'S AGENT RESOLUTION
Hazard Mitigation Grant Program and Pre -Disaster Mitigation Program
BE IT RESOLVED BY THE City Council OF THE City of Santa Ana
(Governing Body) (Name of Applicant)
THAT City Manager , OR
(Title of Authorized Agent)
,OR
(Title of Authorized Agent)
(Tide of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Santa Ana , a public entity
(Name of Subrecipient)
established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Service.
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 Santa Ana , a public entity established under the laws of the State of California,
(Name of Subrecipient)
hereby authorizes its agent(s) to provide to the California Governor's Office of Emergency Service for all matters pertaining to such state
disaster assistance the assurances and agreements required.
Please check the appropriate box below:
1-1 This is a universal resolution and is effective for all open and futures Disasters/Grants up to three (3) years following the date of approval
below.
0 This is a Disaster/Grant specific resolution and is effective for only Disaster/Grant name/number(s) DR-4353-020-45
Passed and approved this 5th day of
2020
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, Daisy Gomez duly appointed and Clerk of the Council of
(Name) (Title)
the City of Santa Ana , do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the City Council of the City of Santa Ana
(Governing Body) (Name of Applicant)
on the 5th
of May 2020 .
Aignature)
Clerk of the Council
(Title)
Cal OES 130 (Rev.03/278/17) Page 1
STATE OF CALIFORNIA
CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICE
CAL OES 130 - INSTRUCTIONS
Cal OES Form 130
Instructions
A new Designation of Applicant's Agent Resolution is required if the previously submitted document is older than three (3)
years from the last date of Board/Council approval.
When completing the Cal OES Form 130, Subrecipients should fill in the blanks on page 1. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the individual or group responsible for appointing and approving the Authorized
Agents. Examples include: Board of Directors, City Council, Board of Supervisors, etc.
Name of Subrecipient: This is the official name of the non-profit, agency, city, county or special district that has applied for the grant.
Examples include: City of Sacramento; Sacramento County; or Los Angeles Unified School District.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency
Management Agency and the California Governor's Office of Emergency Service regarding grants applied for by the subrecipient.
There are two ways of completing this section:
Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents should be entered here, not their
names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another
individual. 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
(e.g.; City Clerk, the Authorized Agent, Secretary to the Director) 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 should 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, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents.
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 to eliminate "Self Certification."
Cal OES 130 (Rev.0328/17 Page 2
This Resolution shall take effect immediately upon its adoption by the City Council,
and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this 5th day of May. 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: lmt�
Tamara Bogosian
Assistant City Attorney
AYES: Councilmembers Bacerra, Penaloza, Pulido, Sarmiento, Solorio
Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Iglesias (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Resolution No. 2020-039 to be the original resolution adopted by the City Council of the
City of Santa Ana on May 5, 2020.
Date: 5-1 - 2jeD2-10 \
Daisy Gomez,
Clerk of the Council
City of Santa Ana
Resolution No. 2020-039
Page 3 of 3
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
HAZARD MITIGATION GRANTS
Note: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact California Governor's Office of Emergency Services (Cal OES).
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, l certify that
the applicant.
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 United 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 paint in construction or rehabilitation of
residence structures.
Cal OES 89 (Rev. 04/25/17)) 1
9. Will comply with all federal statues 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) under which application for federal
assistance is being made, and 0) the requirements on any other nondiscrimination
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 (EO) 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.
Cal OES 89 (Rev. 04/25/17)) 2
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 Archaeological 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.
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.
Cal OES 89 (Rev. 04/25/17)) 3
1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized by City of Santa Ana
(Name of Organization)
to enter into this agreement for and on behalf of said subrecipient, and by my signature do bind
the subrecipient to the terms thereof .
Kristine Ridge
Printed Name of Authorized Applicant's Agent
Signature 6f Authorized pplicant's Agent
City Manager
Title
Date
Authorization
1, Kristine Ridge do hereby certify as the authorized representative or
Printed Name
officer of City of Santa Ana that the information contained in this
Name of Organization
application is true and correct.
n
/
City Manager ���.� L�l�-�i J7/7y/Zy
Title Sign tud re Date
ATTW.
m�
CLERK OF THE COUNCIL
Daisy Gomez, MMC
Clerk of the Council
Cal OES 89 (Rev. 04/25/17)) 4