HomeMy WebLinkAbout55D - RESO - CAL-EMA DISASTER RELIEFREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 18, 2011
TITLE:
CALIFORNIA EMERGENCY MANAGEMENT
AGENCY (CAL-EMA) RESOLUTION TO
AUTHORIZE INDVIDUALS FOR
DESASTER RELIEF
i;
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1S' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt resolution to designate authorized agents for the City of Santa Ana on Cal-EMA's Designation
of Applicant's Agent Resolution form, Cal-EMA Form 130.
DISCUSSION
Cal-EMA Form 130, Designation of Applicant's Agent Resolution for Non-State Agencies, identifies
authorized individuals from the City of Santa Ana who can submit applications for disaster relief
through Cal-EMA. Form 130 is required to be updated every 3 years and the current form on file with
Cal- EMA requires updating at this time. An updated form will allow the City of Santa Ana to proceed
with the application process without delay in the event of FEMA or Cal-EMA declared disasters.
FISCAL IMPACT
There is no fiscal impact associated with authorizing this resolution.
A?.T--CA) 1 ?
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency
MP
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RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DESIGNATING THE CITY MANAGER OR
THE EXECUTIVE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES OR THE FIRE CHIEF TO ACT
AS AGENT FOR THE CITY WITH THE STATE OF
CALIFORNIA OFFICE OF EMERGENCY SERVICES
Iss:7/13/11
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines and
declares as follows:
The City desires to authorize certain agents to act for the City in the event of
FEMA or Cal- EMA declared disasters, in order to obtain services and funding
without delay.
Section 2. The City Manager or Executive Director of Finance and Management
Services or the Fire Chief are each hereby authorized to execute for and on behalf of
the City of Santa Ana, applications, and file the same with the California Emergency
Management Agency 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.
Section 3. The City of Santa Ana, a public entity established under the laws of the
State of California, hereby authorizes its agent(s) to provide the California Emergency
Management Agency for all matters pertaining to such state disaster assistance the
assurances and agreements required.
Section 4. 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.
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Section 5. 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 day of
2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Laura S. Sheedy
Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
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STATE OF CALIFORNIA Disaster No:
CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA ID No:
Cal EMA 130
059-69000
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
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)
Executive Director of Finance & Mgmt Services OR
(Title of Authorized Agent)
Fire Chief
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Santa Ana
a public entity
(Name of Applicant)
established under the laws of the State of California, this application and to rile it with the California Emergency Management Agency 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 Applicant)
hereby authorizes its agent(s) to provide to the California Emergency Management Agency for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please cheek the appropriate box below:
This is a universal resolution and is effective for all open and futures 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
A) Miguel A. Putido, Mayor B) Claudia C. Alvarez, Mayor Pro Tem,
(Name and Title of Governing Body Representative)
C) Councilmembers: P. David Benavides, Carlos Bustamante,
(Name and Title of Governing Body Representative)
Michele Martinez, Vincent F. Sarmiento, Sal Tinajero
(Name and Title of Governing Body Representative)
CERTIFICATION
Maria D. Huizar , duty appointed and Clerk of the Council
(Name) (Title)
the City of Santa Ana
(Name of Applicant)
do hereby certify that the above is a true and correct copy of a
Resolution passed and approved by the City Council -of the City of Santa Ana
(Governing Body) (Name of Applicant)
on the day of
(Signature)
Cal EMA 130 (Rev.4/11)
(Title)
20_
Page I
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STATE OF CALIFORNIA Disaster No: 1952
CALIFORNIA EMERGENCY MANAGEMENT AGENCY 059-69000
Cal EMA 89 Cal EMA ID No:
DUNS No: 083153247
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
SUBGRANTEE'S NAME: CITY OF SANTA ANA
(Name of Organization)
ADDRESS: 20 Civic Center Plaza
CITY: Santa Ana STATE: CA ZIP CODE: 92701
TELEPHONE: 714-647-5420 FAX NUMBER: 714-647-5414
AUTHORIZED AGENT: Francisco Gutierrez TITLE: Executive Director
EMAIL ADDRESS: FGutierrez@santa-ana.org
ASSURANCES - CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to al of your projects. If you have questions, please contact the California
Emergency Management Agency. 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 (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, 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 the
Civil Rights Act of 1964 (P.L 88-352) which prohibits discrimination on the basis of race, cola, 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 EMA 89 (Rev.4/11) (Page I of 2)
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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 H 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.
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
City Manager
TITLE DATE
Cal EMA 89 (Rev.4/11) (Page 2 of 2)
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