RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVING AND ADOPTING THE DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR NON-STATE AGENCIES DESIGNATING AUTHORIZED AGENTS TO ACT ON BEHALF OF THE CITY FOR PURPOSES OF OBTAINING STATE AND FEDERAL ASSISTANCE AND AUTHORIZING SUCH OTHER ACTIONS CONTAINED HEREIN WHEREAS, the City of Santa Clara Municipal Code, Chapter 2.140, Disaster Council, provides for the preparation and carrying out of plans for the protection of persons and property within the City of Santa Clara (“City”) in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons; WHEREAS, the City of Santa Clara Municipal Code, Chapter 2.140, Disaster Council, created the Santa Clara Disaster Council consisting of the Mayor, who shall be chairperson, City Manager, who shall be vice-chairperson and Director of Emergency Services (“Director”), members of the City Council, City Attorney, City Clerk, and emergency services coordinator, a Deputy Director appointed by the City Manager, and certain service chiefs as selected by the Director; WHEREAS, the Deputy Director, in the absence of, or at the direction of the Director, shall act on behalf of the Director; WHEREAS, the Director is empowered to proclaim the existence or threatened existence of a “local emergency”; request the Governor of the State of California to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency; control and direct the effort of the emergency organization of the City; direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them; and represent the City in all dealings with public or private agencies on matters pertaining to emergencies; WHEREAS, in the event of the proclamation of a “local emergency” as provided in the Code Chapter 2.140 by the Governor or Director, or the existence of a “state of war emergency,” the Director is empowered to make and issue rules and regulation on matters reasonably related to the protection of life and property as affected by such emergency; obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; requisition necessary personnel or material of any City department or agency; execute all his/her ordinary powers as City Manager, all of the special powers conferred upon him/her by the Code Chapter 2.140 or by resolution or emergency plan pursuant thereto adopted by the City Council, all power conferred upon him/her by any statute, by an agreement approved by the City Council, and by any other lawful authority; WHEREAS, the City Manager/Director of Emergency Services or Deputy Director shall be responsible for preparing, overseeing, and tracking reimbursement claims to state and federal agencies; WHEREAS, the State Office of Emergency Services (“Cal OES”) requires that non-state agencies, including the City of Santa Clara, adopt a Designation of Applicant’s Agent Resolution for Non-State Agencies (the “Cal OES 130 Form”) to designate individuals by position title to serve as authorized persons to act on behalf of the City for the purposes of obtaining 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; and WHEREAS, the City Manager/Director of Emergency Services or Deputy Director shall act on behalf of the City for the purposes of obtaining 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 given their duties, as stated herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
That the City Manager, as the Director of Emergency Services and the Deputy Director of Emergency Services are designated as authorized agents and hereby authorized to execute for and on behalf of the City for the purposes of obtaining 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 authorizes its agents to provide approvals to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
That the City approves and adopts the attendant Cal OES Form 130 Resolution attached hereto as Exhibit A, in the form substantially presented, and that the City Manager may make such minor modifications to said Cal OES 130 Resolution as may be required or approved by the City Attorney.
Any agreements which may require execution by the authorized agents shall be subject to the review and approval as to form by the City Attorney.
Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 8TH DAY OF OCTOBER, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
Nora Pimentel, MMC
Assistant City Clerk
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Exhibit A - Cal OES Form 130 – “Designation of Applicant’s Agent Resolution for Non-State Agencies” Resolution/Obtaining State or Federal Assistance Page 1 of 4 Rev: 7/27/2023
Ordinance/*Insert brief description Page 1 of *
Rev: 03-09-10; Typed: *Insert date