AGENDA
ITEM
21 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
21 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 15, 2025
TO: Mayor and City Council
APPROVED BY: Benjamin A. Martinez, City Manager
REVIEWED BY: Karla Chaparro, Finance Director
PREPARED BY: Laura Bowen, Grants Manager D
SUBJECT: Adopt and submit California Office of Emergency Services (Cal OES) Universal Resolution and Ratify Authorization for City Manager to sign Project Assurances for Federal Assistance.
Recommendation:
Staff recommend that the City Council approves the adoption and submission of the California Office of Emergency (Cal OES) Form 130 "Designation of Applicant's Agents Resolution Non-State Agencies", required by Cal OES for the purpose of obtaining Federal Financial Assistance, and Ratify Authorization for City Manager to sign Cal OES Form 89 "Project Assurances for Federal Assistance".
Background:
On August 25,2023, Calexico City Council adopt Resolution No. 2023-049 Ratifying and Declaring a Local Emergency related to Hurricane Hilary. On this resolution the City was authorized to "seek reimbursement from Federal and State sources for clean-up and remediation cost". The request for financial aid was possible because of the August 19,2023, California Governor Gavin Newson proclamation of the existence of a state-wide emergency due to the impacts expected from Hurricane Hilary. Cal OES was ordered to provide assistance to local governments in Imperial Couty pursuant to the California Disaster Assistance Act (California Government Code, Section 8680 et. seq.) ("Sate proclamation").
The following projects then were awarded: Project A Debris Removal #742650 with a Federal Share of $7,845.13 plus a 25% Cash Match of $2,615.04 for a Total Project Cost of $10,460.17, and Project B Emergency Protective Measures #742651 Federal Share $35,830.62 plus a 25% Cash Match of $11,943.54 for a Total Project Cost of $47,774.16.
Discussion and Analysis:
Reimbursement requests and backup information have been submitted by our office to Cal OES under their Grants Portal (online grants management system), however Cal OES has contacted our office and requested that City of Calexico submits a signed Form 089 "Projects Assurances for Federal Assistance" by an authorized agent. This form is necessary to ensure compliance with Federal regulations and has been signed and sent by the City Manager. Also, after further review Cal OES has requested that our office adopts and summits Cal OES Universal Resolution Form 130 "Designation of Applicant's Agents Resolution Non-State Agencies". This form is necessary to obtain Federal Financial Assistance and is effective for all past disasters, and for those declared up to three (3) years following the date of the approval. Upon receiving of both documents, projects will be closed, and payment for a total amount of $43,675.75 will be issued to the City.
Fiscal Impact:
No Fiscal Impact
Coordinated With:
City Manager's Office
Finance Department
Attachments:
1. Cal OES 89 Form Projects Assurances for Federal Assistance
2. Cal OES 130 Form Designation of Applicant's Agent Resolution Non-State Agencies 2 ATTACHMENT NO. 1
OES , STATE OF CALIFORNIA RECOVERY DIRECTORATE
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
OES-FPD-089 (Rev. 10-2022)
Disaster No: 4750DR-CA
Cal OES ID No: 025-09710
UEl No: QGR7KQG4JKR6
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
SUBRECIPIENT'S NAME: City of Calexico
(Name of Organization)
PRIMARY MAILING ADDRESS: 608 Heber Ave
CITY: Calexico STATE: CA ZIP CODE: 92231
TELEPHONE: (760)768-2110 FAX NUMBER: N/A
CA ASSEMBLY DIST: 36 _CA SENATE DIST: 18 _U.S. CONGRESSIONAL DIST: 25 Visit sos.ca.gov/elections/who-are-my-representatives to find your district number.
AUTHORIZED AGENT: Benjamin A. Martinez
TITLE: City Manager
EMAIL ADDRESS: [email protected]
ASSURANCES - CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to all 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 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.
Rev. 10-2022 Page 1 of 5 OES-FPD-089
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
OES-FPD-089 (Rev. 10-2022)
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 residential 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, 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 VIll of the Civil Rights Act of Rev. 10-2022 Page 2 of 5 OES-FPD-089
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
OES-FPD-089 (Rev. 10-2022)
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 (i) the requirements on any other non- discrimination statute(s) which may apply to the application.
10. Will comply, or has already complied, with the requirements of Titles Il and Ill 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.).
Rev. 10-2022 Page 3 of 5 OES-FPD-089
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
OES-FPD-089 (Rev. 10-2022)
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.
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.
Rev. 10-2022 Page 4 of 5 OES-FPD-089
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
OES-FPD-089 (Rev. 10-2022)
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."
"l, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly , City of Calexico
authorized by -
(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." Benjamin A. Martinez
PRINTED NAME
12 SIGNATURE OF AUTHORIZED AGENT
City Manager 09/23/2025
TITLE DATE
Rev. 10-2022 Page 5 of 5 OES-FPD-089
ATTACHMENT NO. 2
OES STATE OF CALIFORNIA RECOVERY DIRECTORATE
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES Cal OES ID No: 025-09710
OES-FPD-130 (Rev. 10-2022)
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALEXICO (Governing Body) (Name of Applicant)
CITY MANAGER
THAT _ OR
(Title of Authorized Agent)
CITY MAYOR/CHAIR PERSON _ OR
(Title of Authorized Agent)
CITY MAYOR PRO TEM/VICE-CHAIR PERSON
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the CITY OF CALEXICO (Name of Applicant)
a public entity 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 federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), 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.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code - Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the CITY OF CALEXICO _ a public entity established under the (Name of Applicant)
laws of the State of California, hereby authorizes its agents) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
Rev. 10-2022 Page 1 of 4 OES-FPD-130
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Please check the appropriate box below
[ This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. • This is a disaster/grant specific resolution and is effective for only disaster/grant numbers):_
Passed and approved this 15 day of October _. 20.25
ADRIANA MARQUEZ, COUNCIL MEMBER
(Name and Title of Governing Body Representative)
LISA TYLENDA, COUNCIL MEMBER
(Name and Title of Governing Body Representative)
LORENZO CALDERON, COUNCIL MEMBER
(Name and Title of Governing Body Representative)
CERTIFICATION
,, VERONICA LUNA-ALVARADO , duly appointed and CITY CLERK _of (Name) (Title)
CITY OF CALEXICO → do hereby certify that the above is a true and (Name of Applicant)
CITY COUNCIL
correct copy of a resolution passed and approved by the (Governing Body)
CITY OF CALEXICO
of the _on the 15 day of OCTOBER , 2025
(Name of Applicant)
CITY CLERK
(Signature) (Title)
Rev. 10-2022 Page 2 of 4 OES-FPD-130
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
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 pages 1 and 2. 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 California Governor's Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: 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 either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It 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.
Rev. 10-2022 Page 3 of 4 OES-FPD-130
STATE OF CALIFORNIA RECOVERY DIRECTORATE
OES CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. If remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
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. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
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 that person could sign the document as Secretary to the Board (not City Manager) to eliminate "Self-Certification." Rev. 10-2022 Page 4 of 4 OES-FPD-130