BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Adopt a Resolution Designating Authorized Agents for Federal Emergency Management Agency Applications for Federal Financial Assistance.
End
RECOMMENDATION:
Recommendation
A. Adopt the Resolution DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR NON-STATE AGENCIES; and
B. Designate the positions of Chief Executive Officer, Chief Operating Officer, Administrative Services, and Chief Financial Officer as the District’s designated authorized agents for the purpose of submitting applications for federal financial assistance to Federal Emergency Management Agency, provided all legal requirements have been met.
Body
SUMMARY:
On January 14, 2023, President Joseph R. Biden, Jr. declared a major disaster for the California Severe Winter Storms, Flooding, Landslides, and Mudslides. Additional amendments effective January 17, 2023, added Santa Clara as a county eligible to receive federal disaster aid. In accordance with the declared major disaster by the President, assistance provided from Federal Emergency Management Agency (FEMA), can be utilized to supplement state and local efforts. Under the FEMA Public Assistance Program, FEMA will cost share eligible Emergency Work costs at 100 percent for the first 60 days of the incident period and 75 percent from day 61 and forward. In addition, FEMA will cost share 75 percent of eligible Permanent Work costs. The State will cost share at 75 percent of the Non-Federal share.
Eligible Emergency and Permanent Work
Santa Clara Valley Water District (Valley Water) is seeking federal disaster aid in the following amounts based on FEMA eligible damages and emergency response cost:
Eligible Emergency Work Amount__
Debris Removal $ 162,194.78
Emergency Protective Measures $1,272,001.02
Eligible Permanent Work Amount__
Roads and Bridges $ 153,974.40
Water Control Facilities $2,061,807.53
Total $3,649,977.73
Valley Water is entitled to seek financial assistance for eligible damages and emergency work to facilities, including buildings, systems, equipment, or maintained natural features located in a designated disaster area not under the authority of another federal agency in active use at the time of disaster. Valley Water is also entitled to seek financial assistance for eligible work responding to the storms which includes personnel service expended by the district as a direct result of a disaster located in a designated disaster area under the legal responsibility of Valley Water.
FEMA-Required Resolution
The recommended resolution (Attachment 1) designates authorized agents to submit grant related damage expenses to FEMA. Designation of Valley Water’s agents is required to be eligible to receive state and federal funding. Valley Water designated agents would be authorized by the Board of Directors to engage with FEMA and the Governor’s Office of Emergency Services regarding grants applied for by the District. The Resolution designates the positions of Chief Executive Officer and Chief Operating Officer of Administrative Services, and the Chief Financial Officer as the District’s designated authorized agents. Designating positions, instead of actual individuals by name will enable the Resolution to remain valid for three (3) years if an authorized agent leaves the position and is replaced by another individual in the same title. Once this Resolution is adopted it will be accompanied by a cover letter naming the Authorized Agents by name and title.
The designated agents for Valley Water must be in a position to certify (to the best of his/her knowledge and belief) the disaster relief work for which state financial assistance is requested is eligible in accordance with the California Disaster Assistance Act (Government Code, Section 8680 et seq); that Valley Water is the legal entity responsible by law for the performance of the work detailed and accepts such responsibility; and that the disaster relief work for which state assistance is requested does not or will not duplicate benefits received for the same loss from another source.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item.
FINANCIAL IMPACT:
Total preliminarily estimates for eligible expenses for this storm event is $3,649,977.73. The maximum amount of federal assistance will not exceed $3,096,032.25, which includes 100% of Eligible Emergency Work and 75% cost share of Eligible Permanent Work. The State of California’s cost share of 75% of the Non-Federal share will not exceed $415,459.12. Assuming Valley Water can provide proper justification for all eligible storms related expenses provided to FEMA to date and can comply with all legal requirements which apply to receiving such financial assistance, the total local cost share to Valley Water is $138,486.36. The estimated eligible damages and emergency work developed by staff is subject to additional discussion, reevaluation, and approval by FEMA, which could impact the total assistance ultimately provided to Valley Water.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Resolution
UNCLASSIFIED MANAGER:
Manager
Alexander Gordon, 408-630-2637