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SR-09-29-2015-3F City Council Report City Council Special Meeting: September 29, 2015 Agenda Item: 3.F 1 of 3 To: Mayor and City Council From: Gigi Decavalles-Hughes, Director, Finance Department, Financial Operations Subject: Designation of Representatives Authorized to Execute Grant Documents for Cal Office of Emergency Services and Federal Emergency Managemen t Agency Grants Recommended Action Staff recommends that the City Council: 1) Adopt the attached resolution to designate representatives authorized to execute grant documents on behalf of the City of Santa Monica with the California Office of Emergency Services and Federal Emergency Management Agency; and 2) Approve the CalOES Form 130 provided by the California Office of Emergency Services. Executive Summary Earlier this year, the California Office of Emergency Services (CalOES), formerly the California Emergency Management Agency, contacted the City’s Finance Department to commence the review and close out process associated with the 1994 earthquake disaster projects. These projects were funded through grants provided by CalOES and by the Federal Emergency Management Agency (FEMA), with CalOES acting as a pass through agency. In 2005, FEMA reviewed and closed out all FEMA funded projects, remitting final payment to the City and withholding retainage in the amount of $1.1 million pending final CalOES close out. The final settlement amount of the close out process with CalOES is estimated at $2.8 million to be awarded to the City. The attached resolution and CalOES Form 130 will designate new representatives for the City for purposes of executing official grant documentation associated with the financial assistance the City received. Background On January 17, 1994 the City of Santa Monica experienced a major earthquake which caused significant damage within portions of the City. Very soon after the earthquake, a state and federal disaster area was declared which included the City of Santa Monica. The City was entitled to receive 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 state financial assistance under the California Disaster 2 of 3 Assistance Act. At that time, FEMA and CalOES, who was acting as a pass through agency to FEMA, required the City Council to adopt a resolution designating official representatives for the purposes of signing official documentation associated with the grants that the City applied for. On March 22, 1994, Council approved the resolution designating then City Manager John Jalili and then Senior Management Analyst Katie Lichtig as official representatives (Attachment A). The City then submitted numerous damage survey reports (DSRs) to CalOES and proceeded to repair facilities and infrastructure located throughout the City. In 2005, FEMA issued the final inspection report and the FEMA disaster projects were closed. The total amount granted and received from FEMA was $71.3 million with $1.1 million retained by CalOES until their final close out process could be completed. Discussion Earlier this year, CalOES requested documentation from City staff to initiate a close out process and release all retained funds. CalOES and City staff reviewed financial records and agreed upon a settlement amount of $2.8 million, comprised of the $1.1 million FEMA retention, $1.4 million in CalOES final project reimbursement payment, and $0.3 million in indirect cost reimbursement. This amount is pending final CalOES approval. This settlement amount represents reimbursement to the City for expenditures previously incurred on the earthquake projects. The adoption of the attached resolution and CalOES Form 130 will allow the close out process to proceed by designating the City Manager, the Assistant City Manager, and the Director of Finance as the representatives authorized to approve the final settlement and close out all projects related to the 1994 earthquake (Attachment B and C). This resolution will be effective for all open and future disasters up to three years following the date of approval. Financial Impacts and Budget Actions There is no immediate financial impact associated with the recommended action. Upon approval of the final settlement amount by CalOES, staff will recommend the 3 of 3 appropriate budget adjustments. Prepared By: Imelda Leon, Senior Grants Analyst Approved Forwarded to Council Attachments: A. March 22, 1994 Staff Report B. CalOES Designation Resolution C. CalOES Form 130 STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: 037-70000 Cal OES 130 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Santa Monica (Governing Body) (Name of Applicant) THAT City Manager , OR (Title of Authorized Agent) Assistant City Manager , OR (Title of Authorized Agent) Finance Director (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Santa Monica , 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 Santa Monica 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 29th day of September , 2015 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I, Sarah Gorman , duly appointed and City Clerk of (Na me) (Title) City of Santa Monica , do hereby certify that the above is a true and correct copy of a (Na me of Applicant) Resolution passed and approved by the City Council of the City of Santa Monica (Governing Body) (Name of Applicant) on the 29th day of September , 2015. (Signature) (Title) Cal OES 130 (Rev.9/13) Page 1 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 wou ld sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.” Cal OES 130 (Rev.9/13) Page 2 Reference: Modified Contract No. 8828 (CCS) Reference: Resolution No. 10914 (CCS)