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HomeMy WebLinkAboutRES NO 063-2023RESOLUTION NO. 0 6 3- 2 0 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AUTHORIZING APPLICATION FOR ASSISTANCE AND DESIGNATING AGENTS TO ACT ON THE CITY'S BEHALF (DESIGNATION OF APPLICANT'S AGENTS) WHEREAS, beginning February 21, 2023 and continuing therefrom, the State of California experienced historic and severe winter storms, straight-line winds, flooding, landslides, and mudslides (herein "Historic Weather Events"); and WHEREAS, on April 2, 2023, as a result of the aforesaid Historic Weather Events, and at the President's direction, the Federal Emergency Management Agency ("FEMA") issued a major disaster declaration titled FEMA-4699-DR-CA (herein the 'Declaration") with an intent to provide financial assistance to the State of California, local and Indian tribal governments, and private nonprofit organizations. WHEREAS, the City of Bakersfield ("City") has experienced the effects of said Historic Weather Events; and WHEREAS, in order for the City to apply for financial assistance, it must submit to State of California a DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES; and WHEREAS, the Council of the City of Bakersfield desires to appoint and authorize agents of the City of Bakersfield to apply and seek reimbursement for disaster -related expenditures under FEMA, ColOES, the federal government, the California government, Kern County, and any agency or department thereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. The DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES, attached as EXHIBIT 'A," is adopted. 3. DANIEL R. MALDONADO, Assistant Water Resources Director, Is authorized to take all necessary action to execute all necessary documents to apply for reimbursement of eligible costs resulting from the Historic Weather Events. 4. RANDY MCKEEGAN, Finance Director, is authorized to take all necessary action to execute all necessary documents to apply for reimbursement of eligible costs resulting from the Historic Weather Events. 5. If any provision In this Resolution, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of this s -- Page 1 of 4 Pages — o Resolution, or application of such provisions to other persons or circumstances shall not be affected thereby. The Council hereby declares that it would have passed this Resolution, and each provision thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid. 6. This Resolution is effective on the day of its adoption, and is effective for all open and future disasters up to three (3) years following the effective date. HEREBY CERITFY that the foregoing Resolution was passed and adopted bylk.e Council of the City of Bakersfield at a regular meeting thereof held on �d,1Y 2 4 2282L• by the following vote: YES: NOES: ABSTAIN: ABSENT: ✓ I✓ ✓ _ v COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER AY 2 4 214 APPROVED 31— KAREIN GOH Mayor APPROVED AS TO FORM VIRGINIA G NARO City /Afton By VI INIAG NARO City Attorney COUNTERSIGNED: A1 � t-."\ • r . Jt*IE DRIMAKIS, MMC CITY CLERK AND EX OFFICO of the Council of the City of Bakersfield - Page 2 of 4 Pages -- OpVCE,3s 4 o 0 �aP\D1NP� Py,E'iSF�� - Page 3 of 4 Pages o Jp - yY/a OPw� EXHIBIT "A" DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES (OES-FPD-130 (Rev. 10-2022)) -- Page 4 of 4 Pages c � y o �pP. RECOVERY DIRECTORATE STATE OF CALIFORNIA FINANCIAL PROCESSING DIVISION CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES Cal OES ID No: O ES-FPD-130 (Rev. 10-2022) DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THAT City council OF THE City of Bakersfield (Governing Body) (Name of Applicant) Daniel R. Maldonado, Assistant Water Resources Director OR (Title of Authorized Agent) Randy MCKeegan, Finance Director, OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the city of Bakersfield (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 (CDAA), 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 Bakersfield , a public entity established under the (Name of Applicant) laws of the State of California, 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. Rev. 10-2022 Page 1 of 4 �pKEgS � i o � a �C, Gk\ L OES-FPD-130 STATE OF CALIFORNIA RECOVERY DIRECTORATE WNW CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES O ES-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 number(s): Passed and approved this 24 day of May , 20 23 (Name and Title of Governing Body Representative( (Name and Title of Governing Body Representative( (Name and Title of Governing Body Representative) CERTIFICATION Julie Drimakis duly appointed and City Clerk of (Name) (Title) City of Bakersfield , do hereby certify that the above is a true and (Name of Applicant) correct copy of a resolution passed and approved by the City Council (Governing Body) of the City of Bakersfield on the 24 day of May , 2023 (Name of Applicant) City Clerk 9PKF, (Signature) (Title) o° >� vOR181NFL Rev. 10-2022 Page 2 of 4 OES-FPD-130 STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNORS 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: 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 on 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 eNxf> document, or their title changes. o �� c voP�G1Ne'- Rev, 10-2022 Page 3 of 4 OES-FPD-130 ��npppggg STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES O ES-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. 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. 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." gPR E,Ipl > r r_ c `�OP1CwP'. Rev. 10-2022 Page 4 of 4 OES-FPD-130