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Home My WebLink About2011-07-06 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 07/06/11 e PREPARED BY Public Safety Craig Woolery ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Adopt a resolution and pass a motion delegating legal signing authority to the City Mayor and City Clerk, per MS.412.201 Execution and Instruments with the corporate seal affixed, for reimbursement for some services and purchases of material for the 2011 Spring Flood. STAFF RECOMMENDATION Adopt a resolution and pass a motion delegating legal signing authority to the City Mayor and City Clerk, per MS.412.201 Execution and Instruments with the corporate seal affixed. SUPPORTING DOCUMENTS Memorandum Fire Chief Bob Byerly dated 6 -29 -2011 ❑ Resolution ADMINISTRATORS COMMENTS t City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER City of Cotta Grove Minnesota To: Honorable Mayor, City Council and City Administrator Ryan Schroeder From: Fire Chief Bob Byerly Date: June 29, 2011 Subject: FEMA Flood Reimbursement Agreement ty_ al2001ZsI11`kqIr7 During the spring, 2011 flood incident, planning and response measures were put into place to assist in our concerns about flooding in the River Acres neighborhood and Grey Cloud Township roads. Some of our services and purchases of material may be compensated by FEMA and the Federal government. Our Emergency Management Division has met several times with FEMA officials to recap all procedures and responses in relation to the flooding possibilities. On Monday, June 13, representatives of the City's Public Safety /Emergency Management division and Public Works department met with FEMA representatives to discuss what reimbursements can be applied for under this year's flood provisions. Before the final reimbursements are tallied and submitted, the City should approve a resolution requesting grant reimbursement and assigning legal signing authority. STAFF RECOMMENDATION Adopt a resolution and pass a motion delegating legal signing authority to the City Mayor and City Clerk, per Minnesota statute: MS.412.201 Execution and instruments: with the corporate seal affixed and pursuant to authority from the council. WHEREAS, a major Spring 2011 flood event was predicted to impact the population of the City of Cottage Grove in Washington County, and WHEREAS, planning and response measures were put into place to assist in our concerns about flooding in the River Acres neighborhood and Grey Cloud Township roads, and WHEREAS, some of our services and purchases of material may be compensated by FEMA and the Federal government, and WHEREAS, prior to the final reimbursements being tallied and submitted, MS. 412.201 requires the city approve a resolution requesting grant reimbursement and assigning legal signing authority by the mayor and city clerk with a corporate seal affixed and only pursuant to authority from the council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, adopt a resolution requesting grant reimbursement and pass a motion delegating legal signing authority to the Mayor and City Clerk. Passed this 6 day of July, 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk M1 r /r TA\ The person who signs the sub -grant agreement must have legal authority, (according to statute), for signing contracts for cities /townships and counties. Non - government organizations must submit a copy of their by -laws or resolutions. Legal authority for signing contracts for cities and counties is identifled in statute. If not signed by the office/official(s) identified in statute, the authority may be delegated by resolution from the city council or county board. if a resolution delegates to more than one person and if the word "and" is used between the names, then all named individuals must sign. If a resolution uses the word "or" between the names, then either individual may sign the contract. Statutory Cities: MS. 412.201 Execution of instruments "Every contract, conveyance, license or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council." httL?s://www.revisor.leg.state.mn.us/statutesI?id=412.2 Home Rule Charter Cities: MS 410. Minneapolis, St. Paul and Duluth are the three Home Rule Charter Cities, sometimes referred to as "Cities of the First Class ". All three cities pass resolutions that name an office /official(s) as authorized to sign a contract. County Board: MS. 375.13 Chair "The county board, at its first session in each year, shall elect from its members a chair and a vice - chair. The chair shall preside at its meetings and sign all documents requiring signature on its behalf. The chair's signature, attested by the clerk of the county board, shall be binding as the signature of the board. In case of the absence or incapacity of the chair, the vice -chair shall perform the chair's duties. If the chair or the vice -chair are absent from any meeting, all documents requiring the signature of the board shall be signed by a majority of it and attested by the clerk." httos • /Jwww.revisor.leg.state.mn.usJ statutes J ?id =3 75.13 If the signature on the sub -grant agreement is not the legal statutory signature, or not accompanied by a resolution or organization's by -laws, it will not be processed until we receive the correct signature or documentation. If you have any questions regarding this notice please contact: Harold Christenson, harold.christensongstate.mn.us 651- 201 -7429 or Theresa Prouty, theresa.prouty@state.mn.us , 651 -201 -7439 Be it resolved that the jurisdiction of Name, Title Name, Title has authorized to sign any and all grants or required documentation from the Division of Homeland Security and Emergency Management at the Department of Public Safety, executed on behalf of Dated Signed: Signature Title Attest: Signature Title or DPS -HSEM 1/11 DEPARTMENT OF HOMELAND SECURITY O.MB. No. 1666 -0017 FEDERAL EMERGENCY MANAGEMENT AGENCY REQUEST FOR PUBLIC ASSISTANCE Ezpins October 31, 2008 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 10 minutes. Burden means the time, effort and financial resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the burden estimate or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U.S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660- 0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right corner of this form. NOTE: Do not send your completed questionnaire to this address. APPLICANT (Political subdivision or eligible applicant.) DATE SUBMITTED 7 COUNTY (I ocaftion of if located in multiple counties, please indicate.) ? Damages, 0, r,OA 1 COdA)1Y APPLICANT PHYSICAL LOCATION STREET ADDRESS CITY - COUNTY STATE ZIP CODE MAILING ADDRESS if different from Physical Locat %an STREET ADDRESS a a� POST OFFICE BOX Cl STA E ZIP CODE orTi?G r+�dr n/ 9'SD /d Primary Contact/A olicanfs Authorized Agent Alternate Contact NAME NAME r TITLE a TITLE ��,//� r ( d(/1s /'/ BUSINESS PHONE BUSINESS PHONE a �SO FAX NUMBER FAX NUMBER 651 -yS - 63 HOME PHONE (Optional) ` HOME PHONE (Optional) CELL PHONE? Z��:5 O� CELL PHfIN / � s , R — c® J E -MAIL A DRESS E -MAIL ADDRESS to �r� - e.r -r PAGER & AN NU ER V U PAGER VPIN NUM Did you participate in the Federal /State Preliminary Damage Assessment (PDAP ZYes ® No Private Non -Profit Organization? ❑ Yes ❑ No If yes, which of the facilities identified below best describe your organization? . Title 44 CFB, part 206.221(e) defines an eligible private non -profit facility as: "... any private non-profit educational, utility, emergency, medical or custodial care facility, including a facility for the aged or disabled, and other facility providing essential governmental type services to the general public, and such facilities on Indian reservations." "Other essential govemmental service facility means museums, zoos, community centers, l homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops and facilities which provide health and safety services of a governmental nature. All such facilities must be open to the general public." Private Non -Profit Organizations must attach copies of their Tax Exemption Certificate and Organization Charter or By -Laws. If your organization is a school or educational facility, please attach information on accreditation or certification. - M! FEMA Form 90 -49, FES 06 s REPLACES ALL PREVOUS EDITIONS. J (03- 13Vs & -06 Ito /II