Resolution/Obtaining State or Federal Assistance Page 1 of 4 Rev: 7/27/2023
RESOLUTION NO. 24-9370
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;
Resolution/Obtaining State or Federal Assistance Page 2 of 4 Rev: 7/27/2023
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.
Resolution/Obtaining State or Federal Assistance Page 3 of 4 Rev: 7/27/2023
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. 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.
2. 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.
3. 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.
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4. 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.
5. 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:
Attachments incorporated by reference:
Becker, Chahal, Hardy, Jain, Park, and Watanabe
and Mayor Gillmor
None
None
None
I
ATTEST : -N~ RA~ P=1""'M"'E~N;..qT,6E~L,,-,/-M------'C ___ _ _
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Exhibit A - Cal OES Form 130 - "Designation of Applicant's Agent Resolution for Non-State Agencies" Resolution/Obtaining State or Federal Assistance
Rev: 7/27/2023
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), -
- Flood Mitigation Assistance Program (FMA)
- National Earthquake Hazards Reduction Program (NEHRP) - California Early Earthquake Warning (CEEW)
OES- Rev. 2022
STATE Of CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE Of EMERGENCY SERVICES
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Please check the appropriate box below
[Z] This is a universa l resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approva l. 0 This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): ______ _
Passed and approved this 8th day of October 20 24 , --
Vice Mayor Anthony Becker
(Name and Title of Governing Body Representative)
Councilmember Raj Chahal
(Name and Title of Governing Body Representative)
Councilmember Kathy Watanabe
(Name and Title of Governing Body Representative)
CERTIFICATION
I, NORA PIMENTEL d I . t d d ASSISTANT CITY CLERK of _____________ ., u y appo,n e an · __________ _ (Name) (Title)
_C_IT_Y_O_F_S_A_N_T_A_C_L_A_R_A _ _ ___ _,, 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)
of the CITY OF SANTA CLARA on the BTH day of OCTOBER , 2024. (Name of Applicant)
ASSISTANT CITY CLERK
(Signature) (Title)
Rev . 10-2022 Page 2 of 4 OES-FPD-130
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 F
orm 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 resp
onsible 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 establis
hed 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 th
at 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 d
oes 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.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4
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. It 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.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4