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HomeMy WebLinkAbout07/30/2010TO: FROM: S U BJ ECT: � S A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM Honorable Mayor and City Council Alan Tandy, City Manager General Information -7 ���,� July 30, 2010 MISCELLANEOUS CITY NEWS � We won another round of the State Water Board issue regarding the unappropriated water on the Kern River. I believe that makes it 6-0 or thereabouts. This one was another delaying tactic. If it were baseball the North Kern/Shafter group would have gone to the bullpen by now! � The issue of whether Kern County will continue to use the tax split process for annexations to delay and/or block City developments has been quiet for a few weeks but is still lingering out there as a possibility. The test may come next week. The immediate issue is Compagnoni No. 1 down by Taft Highway and SR-99. The County has already caused a four to six month delay by not sending paperwork to LAFCo thereby killing that annexation application. A new annexation now has to be started and that process is slow. One element of that project is a new California Highway Patrol facility which officials from the State Department of General Services and Highway Patrol characterize as being extremely important. Sewer service is criticial for this project and annexation is necessary to receive service from the City. Next week, we are told, the County will make a decision on whether they will continue to honor the tax split agreement that has been in effect for over 15 years or whether, like the State, they will attempt a revenue shift from smaller jurisdictions. The County staff did not disclose to us what their recommendation would be. We only have a handful of investor/developers who are still functioning in this economy. Lets hope the County decides on a positive, cooperative path and allows the Highway Patrol to proceed. -� We received the enclosed letter from the Department of Energy recognizing staff's efforts in complying with the American Recovery and Reinvestment Act and the Energy Efficiency and Conservation Block Grant (EECBG) deadline of June 25, 2010 for having 90 percent of the grant funds under contract and Honorable Mayor and City Council July 30, 2010 Page 2 obligated. The City is using the $3,040,700 EECBG funds for construction of a one megawatt photovoltaic system at Wastewater Treatment Plant No. 3. The construction project was awarded to Systems 3, Inc. for $5,359,018 on May 5, 2010. This award resulted in the obligation of 100 percent of the EECBG funds. The encumbering of funds allows for work to begin on EECBG activities, jobs to be created, and solar energy to be used to cut pollution. -� The Police Department's Explorer Captain Kelsey Taylor was chosen as the National Law Enforcement Exploring Youth Representative for the next two years. She was chosen out of 35,000 explorers from 1,662 Police Explorer Posts across the nation and internationally. This is a huge accomplishment equivalent to being the president of a national organization. Kelsey will have many opportunities to travel, participate and speak at numerous prestigious law enforcement venues. Her first stop will be the International Association of Chiefs of Police Conference in Florida this fall. -� The Kern River Trail cleanup, which consisted of the removal of the trees north of the Kern River Trail from Coffee Road to Truxtun Lake was started on July 20th and completed in four days. Staff from the Recreation and Parks and Water Resources departments worked to remove a total of 86 trees that were cut down and the numerous trees that had fallen due to natural circumstances, and took 51 loads to the greenwaste facility for recycling. � A flyer with dates of free concerts at Bright House Networks Amphitheater is enclosed. Tonight's show starts at 8:00 p.m. and features the Bakersfield Ja� Jam. All shows are free so bring a picnic, blankets and lawn chairs and enjoy an evening of great music under the stars! � Two letters from AT8�T regarding programming changes for U-verse TV customers are enclosed. -� A letter from Bright House Networks regarding new services that will be delivered on its Switched Digital Video system is enclosed. -� The following reports are enclosed: • Streets Division's weekly work schedule. • Economic and Community Development April 1, 2010 through June 30, 2010. WESTSIDE PARKWAY UPDATE Department Activity Report from � Work began on the Truxtun Avenue at Mohawk Street intersection this week with closures to the outside lanes of Truxtun Avenue and Mohawk Street between the hours of 8:30 a.m. and 4:00 p.m. The work wili include removing and replacing Honorable Mayor and City Council July 30, 2010 Page 3 the curb and gutter near the intersection and increasing road width to add turn lanes in all directions. Work is expected to continue for several weeks. � Motorists should expect the daytime closures of the northbound outside left-turn lane on Coffee Road at Brimhali Road, and the outside westbound lane on Brimhall Road to continue for a few more days. BUDGET NEWS � This was the final week of unofficial legislative summer recess has been quiet other than closed-door budget talks between legislative leaders and their aides. The State still has a$19 billion budget gap that it has to deal with, and Governor Schwarzenegger thinks a deal could be struck within a few weeks. He noted, however, that he is willing to hold out for the rest of his term if Democrats don't agree to permanent reforms of the budget, tax system and pensions. Senate President Pro Tem Darrell Steinberg responded by saying he's willing to hold out until 2011 if Republicans don't agree to delay corporate tax breaks and fund welfare and school programs. The enclosed article from the Sac Bee describes in detail the impacts of a scaled-down version of the Governor's furlough policy that has been brought back to deal with an impending cash crunch. According to Controller John Chiang, unless lawmakers enact a budget soon, the state's cash would go into the red by October. Chiang will start issuing IOUs in August or September to conserve funds as long as possible. Like the policy that terminated June 30, 2010, the new executive order requires certain employees to take three unpaid days off per month and, unlike last year's policy, will terminate when lawmakers pass a 2010-11 budget. RESPONSES TO COUNCIL REQUESTS -� Councilmember Carson • Thank-you letters to those who have contributed to Martin Luther King, Jr. Park. • Report on the status of the Friendship House. • Information regarding hiring requirements for Section 3 projects. -� Councilmember Weir • Completion of F-3 Ramp at SR-178 and Fairfax Road. � Councilmember Sullivan • Staff's review of the watering times at Patriots Park. AT:rs:rk cc: Department Heads Roberfa Gafford, City Clerk TO: FROM: DATE: SUBJECT: • B A K E R S F I E L D CIT1( OF BAKERSFIELD PUBLIC WORKS DEPARTMEfVT MEMORANDUM Alan Tandy, City Manager Raul M. Rojas, Public Works Director July 22, 2010 `� _ _ _.. Wastewater Treatment Plant #3 Solar Grant .,; � � �;.i�i VE� �UL 2 3 2010 .��<�: �,:,,. -., The City of Bakersfield received a letter from the Department of Energy recognizing staff's efforts in complying with the American Recovery and Reinvestment Act and the Energy Efficiency and Conservation Block Grant's (EECBG) deadline of June 25, 2010 for having 90 � of the grant funds under contract and obligated. The City of Bakersfield is using the $3,040,700 EECBG funds for construction of a one - megawatt photovoltaic system at Wastewater Treatment Plant #3. The construction project was awarded to Systems 3, Inc. for $5,359,018 on May 5, 2010. This award resulted in the obligation of 100� of the EECBG funds. The encumbering of funds allows for work to begin on EECBG activities , jobs to be created, and solar energy to be used to cut pollution. -' , �'�� Department of Energy * '" � Washington, DC 20585 , ,�� � _ _s� JUIy 15, 2010 Lou�s sun Project Coordinator Bakersfield, California lsun@bakersfieldcity.us Dear Mr. Sun, I am writing to commend you for your hard work in ensuring that 90 percent or more of your Energy Efficiency and Conservation Block Grant (EECBG) funds were obligated by June 30`n 2010. Thank you for contributing to this important program-wide milestone. The Energy Efficiency and Conservation B1ock Grant program is an American Recovery and Reinvestment Act funded program designed to create jobs and strengthen the economy in communities across the country as quickly as possible. The success of the EECBG program is measured by goals such as the number of jobs created, energy efficiency achieved, and carbon offset. By hitting this important milestone, you have taken the first step to create jobs, accelerate economic recovery, and diversify our energy mix to cut pollution and increase national security. Thank you in advance for your continued efforts, cooperation, and partnership. By achieving and exceeding both Recovery Act and EECBG targets, you have effectively demonstrated successful progress in deploying Recovery Act funding and showcasing the value of the EECBG program at this critical time. As grantees who have met the obligation target you are leading the way for fellow EECBG grantees. It is our earnest hope that you can contribute in attaining the next milestone for the EECBG program which is a draw down of at least 20% of your funds by September 30, 2010 Please share the good news about your projects with DOE and beyond by submitting your success stories to the Energy Empowers Web site at wwwl.eere.ener�y �ov/pnp/stories/staries aspx. Sincerely, ���"1-�j��G� Tobias Russell Acting Program Manager Weatherization and Intergovernmental Program Energy Efficiency and Renewable Energy ! � � a �. A M P H 1 BAR ��� _. ..ts,:•�' - t � t: w ,,.: �_ N ETWORKS T H E A �ONDA T R E � ��� �� . � , i • f � a e rsf �el d � _ azz, am Featur�ng Doug Dauis, lay Smith, �onathan Martinet, Nathan Nlartlnez, lawanda Smith, and Issac Morfin -_ Friday, July 30 - 8:00 PNI � i I Friday, August 27 - 8:0 o pM . . ,.`.:, a: u':+� 9+. � ., a, . ; --- _ � — � re c enr� e o �:.: & a _ __ � : FridaY, Septem _ . _ � ber 24 8.0� PM a = __ aa n G on i er s Saturday, October 23 - 8: 00 PN� All Sho _ _ _ _ ws Fre e Aq Br�n - 111/S'SIOf1/�/ J a p�cn�c and be�er�geS, your bl�nk or lawn chairs anb enjo a ets of great mus- ll n e�ening �c unqer the stars! Please ca11852-7500 for additional informaiion. $1 aicohol permit charpe appties. l�ttp=//www-bpk�rsfGeldta� � ClIY !)/>BAKE7iSTlEL P M•� M e p t r��� S/ - Recreation °� 8c-Pnrl�-� r��ht house �'-"�� � �'` =� �t�� �, July 21, 2010 City Manager Alan Tandy City of Bakersfield 1600 Truxtun Avenue BAKERSFIELD, CA 93301 Dear City Manager Tandy: , • ♦ � � ; ���,�� v�� '`' z � z��� AT&T California ("AT&T") hereby advises you of a possible programming change for AT&T U-verse° TV customers. While the programming listed below will continue to be available to U-verse customers at least until August 31, 2010, there is a possibility that as of midnight on that date, the programming will no longer be carried. Our contracts with programmers for the content displayed on our U-verse TV service periodically expire, but are usually re-negotiated or extended and there is no interruption or change for the customer. The current contract for the programming indicated below will expire soon, and if we are not able to reach a reasonable agreement with the programmer, the programming will no longer by carried. The channels affected are Hallmark Channel (channel # 176) in the U100 and above packages and Hallmark Movie Channel (channel # 794 and # 1794 in HD if applicable) in the U300 and above packages. Customers will be notified of this possible programming change by postcard. We will continue to negotiate in good faith in hopes of obtaining fair and reasonable terms prior to midnight on August 31th. If we are unable to reach a fair agreement, we will provide you and our customers with further information. If you have any questions, please contact your local AT&T External Affairs manager, Jan Bans on 661- 327-6565. Sincerely, f Vice President — Regulatory Affairs �� �t�� �--. �U�)/ 20, Z�1� City Manager Alan Tandy City of Bakersfield 1600 Truxtun Avenue BAKERSFIELD, CA 93301 Dear City Manager Tandy: , � , . . ... � A��_ .4. ���v'�� �/ III�' � � � ���0 We previously advised you of the possibility that AMC (channel #s 795/796), IFC (channel # 797) and We tv (channels 372/373) could be removed from the AT&T U-verse channel lineup. We are happy to report that this programming will remain on AT&T U-verse° TV. We're very satisfied that we were able to reach the fair deal we wanted for our customers — one that includes the right content, across platforms, at prices that are in line with the marketplace, and that helps us with important strategic content initiatives. We are very grateful to our customers for their support. If you have any questions, please contact your local AT&T External Affairs manager, Jan Bans on 661- 327-6565. Sincerely, �' Vice President – Regulatory Affairs 3701 North Sillect Avenue Bakersfield, CA 93308 Tel (661) 634-2260 Fax (661) 395-3378 bright house NETWORNS JU�Y 20� ZOZO .� Mr. Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 Dear Mr. Tandy: Joseph R. Schoenstein Division President Bakersfield Division -; a - - � � � j� "_ � �,-� � `° �Ulo � � �'� ��ana,�er'�s (jffij�e Bright House Networks is continuing its commitment to bring new technology and advanced digital services to our community. To that end, we have implemented a new digital video delivery technology known as Switched Digital Video (SDV). Bright House Networks will be adding new services on the SDV system. In order to offer more video services, on or after August 31, 2010, the following NEW services will be delivered on the SDV system. C-SPAN HD The Cooking Channel HD Galavision HD Gol HD Standard Service Digital Variety Hispanavision Hispanavision Ch 1090 Ch 1420 Ch 1601 Ch 1612 When delivered on the SDV system, the above channels will become bi-directional (or two-way) services and will continue to be available to all Bright House Networks customers who subscribe to our digital services and lease a digital set-top box or similar bi-directional device capable of supporting two-way services. However, the above channels will no longer be available to customers with unidirectional (one-way) retail television or other device who currently lease a CableCARD from Bright House Networks. This small number of impacted customers have been notified and offered the option of obtaining a digital set-top box or similar bi- directional device from Bright House Networks. In either case, such customers will not need to re lace th ' unidirectional retail device. p eir For more information on Bright House Networks programming, please call 661-323-4892 or visit our website at www.briehthouse com Sincerely, ��� l� �°_ � � Joseph Schoenstein Division President Paqe 1 of 2 STREETS DIVISION — WORK SCHEDULE WEEK OF AUGUST 2, 2010 — AUGUST 6, 2010 inq streets in the followina areas: Resurfacing (Overlay) streets in the area befinreen Old River Road & Ashe Road, north of Harris Road. Sealing streets in the area between Buena Vista Road & Gosford Road, Panama Road to Stockdale Highway. Miscellaneous Streets Division aroiects� Working on Mesa Marin project. Installing Handicapped ramps in the Kern City area. Installing street grindings at Wastewater Plant III. Widening Allen Road between Brimhall Road & Stockdale Highway. Allen Road will be used as a detour route, when Jewetta Avenue is closed for work to be done at that location. THIS SPACE INTENTIONALLY LEFT BLANK Week of August 2_2010_Work Schedule Paqe 2 of 2 STREETS SWEEPING SCHEDULE Mondav, Auqust 2, 2010 Between Golden State & 16th St. -- "F" St. & Oak St. /kern River Boundary Between 34th St. & 30th St. — Chester Ave. & San Dimas St. Between San Dimas St. & Beale Ave. — 34th/Bernard St. & Niles St. Between Olive Dr. & Riverlakes Dr. (ext.) — Riverlakes Dr. & Coffee Rd. Tuesdav, Auqust 3 2010 Between California Ave. & Brundage Ln. — Oak St. & Union Ave. Between Renfro Rd. & Jenkins Rd. — Stockdale Hwy. & Kern River Boundary. Wednesdav, Auqust 4 2010 Between Panorama Dr. & Bernard St. -- Union Ave. & Loma Linda Dr. Between River Blvd. & E. Columbus St. — Panorama Dr. & Columbus St. Between College Ave. & Azalea Ave. — Mountain Dr. & Raval St. Between Ming Ave. & White Ln. — Allen Rd. & Buena Vista Rd. Thursdav, Auqust 5, 2010 City areas between Kentucky St & Quincy St. — Owens St. & Virginia St. Between Union Ave. & Washington St. — E. Truxtun Ave. & Brundage Ln. Between Progress Rd. & Old River Rd. — Panama Ln. & Pacheco Rd. (alignment) City areas between Progress Rd. & Old River Rd. — Meadow Falls Dr. & Rose Creek Dr. Fridav, Auqust 6, 2010 Between Buena Vista Rd. & Allen Rd. — Harris Rd. & Panama Ln. Between Buena Vista Rd. & Mountain Vista Dr. — Panama Ln. & Birkshire Rd. Between 178 Hwy. & Paladino Dr. — W. Columbus St. & Morning Dr. City areas between Sterling Rd. & Morning Dr. — 178 Hwy. & College Ave. Between Valley St. & Lene PI. -- !78 Hwy & Hickory Dr. Between 178 Hwy. & Reynard Rd. — Kern Canyon Rd. & McKenna St. Between Stockdale Hwy Week of August 2_2010_Work Schedule & Joseph Dr. — McDonald Wy. & N. Stine Rd. TO; FROM; B A K E R S � F I E L D Economic and Community Development Department M E M O R A N D U M � ���� Alan Tandy, City Manager :� ,�:��� • l_.- . Donna Kunz, Economic Development Director �'J �-���� �'� � : . ' �� r_ � � 2�13Q SUBJECT; Economic and Community Development Department Activity Report from April l, 2010 throuqh June 30, 2010, CAPITAL IMPROVEMENT PROJECTS 1• Lowell Park Restroom Construction Pro'ect CDBG funds of $350,000 (FY 07-08) are available for design and construction of the restroom facilities to replace the existing deteriorated restrooms at Lowell Park located at 4th and "P" streets, Federal environmental review was completed in October 2007, The Recreation and Parks Department is the lead department, and is working with PW in preparing the bid package. Recreation and Parks Department began the bidding process in July 2010 with project completion anticipated by December 2010. NON-PROFIT/PUBLIC FACILITY PUBLIC SERVICE PROJECTS The following various non-profit organizations are being financially assisted to improve the level of service for operating their public facilities, 1 • Bakersfield Senior Center CDBG funds are used by this agency to maintain its current level of services, such as a hot lunch program, recreational southeast and central Bakersfield. T er gency haaexpeended 98%t of it e 85rs in allocation to date, S ,000 2• Bakersfield Homeless Center Emergency Shelter Grant (ESG) funds are used by this agency for operational expenses such as staff, postage, telephone, utilities, insurance, equipment rental, and maintenance costs. The agency has expended 81 % of its $62,000 allocation to date. 3• Bakersfield Rescue Mission ESG funds are used by this agency for essential services and operation and maintenance expenses including staff costs. The agency has expended 100% of its $62,000 allocation to date, S:\Christine\EDCD Quarterly Activity Reports�2010Wpr-June10 quarterly report.docx 1 4. Alliance Aaainst Familv Violence and Sexual Assault ESG funds are used by this agency for operation and maintenance expenses. The agency expended 83% of its $15, 788 allocation to date. HOUSING, ECONOMIC AND NEIGHBORHOOD REVITALIZATION PROJECTS The following private and non-profit organizations are being assisted by staff to acquire, develop or improve their housing and neighborhood/commercial facilities. 1. Southeast Bakersfield Infill Housing Proiect The City was awarded a$500,000 CaIHFA loan to build affordable housing on scattered lots in southeast Bakersfield, The RDA assumed all rights and obligations of the loan on February 26, 2003. To date, seventeen new homes have been constructed. On July 12, 2010, the Redevelopment Agency approved the sale of the home at 226 East bth Street to Habitat for Humanity, Habitat has a low income family ready to complete the home and move in, Due to the current economic climate, construction has been halted at 1213 Murdock by Hybrid, Hybrid will be returning the property to the Redevelopment Agency to resell, 2. Southeast Neiahborhood Revitalization Proiect (SE) During Fiscal Year 2006-07 staff developed a three year program for a five block area and called it the Filson Street Area Targeted Neighborhood Revitalization Program, Targeted residents whose income does not exceed 120% of the area median income may qualify for the program, The program is funded with Southeast Tax Increment funds which includes down payment assistance and a front porch grant, Program accomplishments include the installation of one new manufactured home located at 1818 Lewis Street, down payment assistance for the purchase of an existing property located at 1808 Filson Street, and completion of one front porch application for construction, installation of a wrought iron fence and columns at 3502 Hale Street, and the installation of sidewalk and curbs and gutter throughout the area. 3. Home Accessibility (HA) Grant Proqram The program offers grants of up to $3,500 for constructing accessibility improvements in privately or publicly owned structures for those clients who are physically challenged. This program aids low income physically challenged people who live within Bakersfield's city limits. An amendment to the 2008-2009 HA Agreement was approved by the City Council on December 16, 2009 which includes a budget not exceeding $100,000, Additionally a contract extension was entered into by both parties, which extended the current contract to December 31, 2010, The agreement was awarded to Bill Muxlow Construction, During the reporting period, about eleven ± physically challenged households have been provided improvements, with another six ± applications pending review, S:\Christine\EDCD Quarterly Activity Reports�2010Wpr-June10 quarterly report.docx 2 4• West Columbus Affordable Housin Pro'ect - Residences at West Columbus On April 9th, 2008, staff sent out a Request for Proposal & Qualifications to four development Firm/Agencies to acquire and develop the 3.5 +/- acre residentially zoned site located at 500 West Columbus Avenue in Bakersfield, California, GEAHI-II was chosen by the City through an in-depth proposal evaluation and a follow-up developer interview, GEAHI will be applying for low income tax credit financing in July 2010, and state financing to assist them with the design and project construction, Construction of the 56 unit project is expected to begin in January of 2011 and when complete, will primarily serve emancipated foster youth, 5. The Parkview Cottages Housing Proiect The Parkview Coitages consists of 74 single-family housing units, ranging from 1,280 to 1,820 square feet, Each unit will be two stories and have a two/three car garage. Currently, home buyers occupy 30 units and 15 additional units are pre-constructed and available for sale. Staff closed escrow on 10 units, 1 unit closed with no assistance, 3 units are pending escrow closure and 1 unit remains for sale, Staff hopes to have these escrows closed by the end of the July 2010, On March 10, 2010 the Redevelopment Agency approved an amendment to the agreement requiring the developer/builder to construct two speculative homes at a time and continue to build out the development as the houses sell. With this revised schedule the project should achieve sell out in four years or less. The developer has begun construction of the first two homes which will be located on 21 St Street. 6. Fair Housina During this quarter, 188 calls were received: Four were substantial service calis, three were walk-ins, dealing with fair housing issues, and none of the complaint forms were returned by the clients, Three cases were race-related and the other four were disability related. 7. Baker Street Revitalization Pro'ect Old Town Kern Mixed Use Pro'ect In June, the Housing Authority selected Wallace and Smith as the general contractor for Phase l, signaling another step toward reactivating this project, Construction is expected to resume in September 2010. 8. South Mill Creek Commercial The planned five acre Mill Creek Village Commercial project will replace a contaminated metal recycling business, an auto repair and body shop, a-dilapidated empty warehouse and a predominantly vacant commercial dilapidated building with several abandoned partial structures. The proposed project is located in the Southeast Redevelopment Project Area, alongside the southern tip of Mill Creek, The restaurants in the planned retail development will have outdoor patio seating overlooking Mill Creek, a 1,5-mile stretch of agriculture canal, which is being redeveloped into a major recreational amenity, S:\Christine\EDCD Quarterly Activity Reports�2010Wpr-June10 quarterly report.docx 3 Redevelopment Agency staff has assumed the responsibility for marketing the planned retail commercial project due to the expiration of the exclusive negotiation agreement with Southwest Consulting, Inc, A marketing plan was developed which will enable the Agency to retain tenant selection approval as well as architectural control of the future development. The marketing plan will also enable the Agency to incentivize a deal for a prospective tenant by offering a combination of landscaping, infrastructure improvements, payment of permits and fees, a land contribution, or the tenant has the option to purchase a commercial pad, We are currently in negotiations with an 83 room hotel, an upscale restaurant, and a fast food restaurant for the site. We have also received interest from a couple of brew pubs, In addition, we are working with several commercial brokers and placed advertisements in several restaurant and retail magazines, 9. South Millcreek Housinq Chelsea In September 2008, the City Council and Bakersfield Redevelopment Agency approved a Disposition and Development Agreement with Chelsea Investment Corporation for the construction of 70 mid-rise garden style affordable rental apartments, In June 2010, Chelsea Investment Corporation was successful in applying for and securing nine percent state tax credits, In August 2010, staff will be seeking Redevelopment Agency approval to amend the Disposition and Development Agreement with Chelsea to require Chelsea and its successors to be responsible for maintaining all street improvements on 14th street north a private street, and a portion of "S" street, a public street within the development, and maintenance and electricity costs, Construction is anticipatedpo beginan t�he fall of 2010 and be completed by fall of 2011, Creekview & Courtvard In February and March 2009, the City Council and Bakersfield Redevelopment Agency approved two Disposition and Development Agreements with Southwest Consulting for the construction of 36 upscale townhomes and 57 mid-rise apartments. Construction on the first fourteen (14) units of the Creekview Villas townhomes began in May 2010 and the Creekview Villas "hard hat" ceremony was held on July 15, 2010. Construction completion is estimated to be March 2011, Staff also requested the Millcreek Courtyard project be deferred up to 36 months to allow additional time for repayment of the cash flow loan from the sales of the Creekview Villas townhomes, Street Improvements In addition, staff is currently working with a local engineering firm and landsca architect to provide engineering design, surveying, landscaping, and preparation of construction documents for construction of the interior streets within the South Millcreek project area, Funds for these improvements will mostly be paid from the Prop 1 C grant secured in 2009 from the state, S:\Christine\EDCD Quarterly Activity Reports�2010Wpr-June10 quarterly report.docx � 10. South Millcreek Plaza Cinemp Com lex South Mill Creek Plaza is a mixed-use lifes le approximately 7 acres. The site is designed to ac om ordate a otal of 89,OOOsn uare feet of space, featuring 28,000 sq, feet of entertainment related retail, restaurant space and a 61,000 square feet state of the art 16 screen, 2,600 seat multiplex cinema. Maya Bakersfield Cinemas, the developer, has developed the first phase of the project south of Rabobank Arena and Convention Center, railroad tracks between California Avenue, "M" Street and the Kemns�la d Ca alhe The South Mill Creek Plaza is a major factor in reducing blight in the area and has provided the Southeast Redevelopment Project Area with an anchor tenant that will be a catalyst for additional development along California Avenue. The ground breaking ceremony was held on July 29, 2008. Construction was completed on the Maya Cinema phase of the project in the Summer of 2009, held on July 15, 2009, Since the opening of the theater, over 800,000 t cget a�e beeg sold to date. In addition, construction on the 28,000 sq. feet of entertainment related retail, restaurant space is on hold until the developers can obtain commercial financing and tenants for this phase of the project. 11. Graffiti Removal Proqram - Citvwide CDBG funds are used to assist in graffiti removal in low- and moderate-income areas throughoutthe city, primarily in wards 1, 2, 3, 6, and 7. The program received $120,000 in CDBG funds for the current fiscal year, For FY 2010-1 l, $120,000 in CDBG funding is being proposed to serve low- and moderate-income areas. 12• 19+h Street Senior & Parkinp Structure On August 18, the Bakersfield Redevelopment Agency will consider revising an agreement with 19th Street Senior Plaza, LLC, to build 66 units of affordable senior rental housing, one manager's unit, and a minimum 132 space parking garage, HUD HOME Investment Partnership Funds are being proposed to pay for the construction of 11 of these units, which will be reserved for low income households not exceeding 80% of inedian income. Additional assistance being considered is $1,900,000 of Proposition 1 C funds to partially fund the costs of engineering, design and construction of the parking garage. This project will be immediately east of the 19th Street Mixed Use Project, 13. 19th Street Mixed Use The 19th Street Mixed Use project, to be located on 1/3 acre directly adjacent to the east of the Mill Creek Linear Park between 18th and 19th Streets, will include approximately 22,500 square feet of leasable retail, office, and affordable residential space in a three story building, It is anticipated that the total project cost will be $5,725,000. This will include $1,400,000 of HUD HOME Investment Partnership Funds to be used to assist in the construction of ten affordable rental units, The remaining $4,325,000 will be paid or financed by the developer/property owner. Upcoming activities include (1) an Assignment Agreement between the City and the S:\Christine\EDCD Quarterly Activity Reports�2010Wpr-June10 quarterly report.docx � Redevelopment Agency regarding the use of HOME Funds, (2) an Action Plan Amendment for City Council action, and (3) an Owner Participation Agreement for Redevelopment Agency action, 14. Acquisition & Relocation - Catholic Charities The building formerly occupied by Catholic Charities has been demolished, The site will be converted into park/commercial space in connection with the Mill Creek Linear Park Project, 15. E. California Avenue Propertv Clinica Sierra Vista has entered into a Disposition and Development agreement with the Bakersfield Redevelopment Agency to develop a 3,863 square foot Dental Clinic located on East California Ave, Clinica Sierra Vista has recently been awarded funds from the American Recovery and Reinvestment Act 2009 (A,R.R.A.) Stimulus funds to construct the 3,863 square foot dental office on a portion of the parcel, One of the major requirements of receiving the Stimulus funds is the applicant has to demonstrate reasonable site control prior to the start of project construction. The property has been transferred to Clinica Sierra Vista and the Street work is underway for the project, Construction of the Dental Clinic is scheduled to begin in September 2010. 16, Haven Cottaqes Golden Empire Affordable Housing, Inc., II (GEAHI-II) has entered into an agreement for $600,000 in HOME funds and $492,218,70 in CHDO funds from the City of Bakersfield, The funds would be used for the development of a new 24 unit permanent supportive housing complex designated for chronically homeless individuals, The housing will consist of 24 - 412 sq. ft, one-bedroom units, Total project cost is estimated at approximately $4.4 million and will utilize various funding sources. The project is located at 2300 S. Union Ave„ at the northeast corner of the intersection of Union Avenue and White Lane. The project encompasses approximately 2,01 acres and is located in the Southeast Bakersfield Redevelopment Area, The NEPA Review has been completed and GEAHI-II is currently taking the project out to bid. Project construction is tentatively scheduled to begin January 2011, 17. Friendship House - Communitv Action Partnership of Kern Community Action Partnership (CAP) of Kern requested $247,342 for improving the outdoor sports complex located on the Friendship House Community Center property at 2424 Cottonwood Road while $3,039,000 has been secured from the State of California, Department of Parks and Recreation, This project was reconsidered and funding identified from year end closings and savings. This project was included in Amendment # 3 FY 07/08 Action Plan to allow the use of funds for design and construction of the Friendship House Center, and staff will also include the project in the upcoming 2010 implementation plan to allow future RDA project financing if RDA funds become available. The NEPA (National Environmental Policy Act) process has been completed. Late last year the State of California informed CAP of Kern that the S:\Christine\EDCD Quarterly Activity Reports�2010�Apr-June10 quarterly report.docx � State Park funding earmarked for this activity is available for this project and they are reimbursing invoices submiited for the project, CAP of Kern is also awaiting signature of the extension document from the Governor, as of now the project ends June 30, 2010, The two state grants expired on June 30, 2010, Since the moment the state originally froze the project funding last year, CAPK has requested, and the state has given positive indications, that a one compensate for the disruption to the scheduleaAfter much di c� ss o b nd fr�ust ation� the state has included a one year extension for the project in the current proposed state budget, Unfortunately at this time CAPK are unable to utilize any state funding until such time that the state budget is approved. The project was put out for public bid in May 2010 and in June, 2010 authority was granted to award bid to general contractor SC Anderson. A contract was signed with a start date of July 1, 2010. 18. Neiqhborhood StabiliZqtion Program These federal funds must be spent by September 2010 and the city's efforts to do so are on track to meet that deadline, Since the beginning of Bakersfield's NSP efforts, down payment assistance has helped with the purchase of about 50 homes in targeted neighborhoods. In addition, cooperative efforts with the Housing Authority of the County of Kern have been successful in purchasing and rehabilitating single family homes. Lastly, rehabilitation work continues on schedule on the 99 unit Pinewood Glen senior independent living facility at 2221 South Real Road. Estimated completion date is September 2010, 19. Homelessness Prevention and Ra id Re-Housin Bethany Services has experienced high demand for these programs and has expended more than $305,000, This represents 22 percent of the total funding available to Bethany. As a point of reference, 60% of the funds must be expended by September 30, 2011, 20. Santa Fe Apartments In 2008, the Bakersfield Redevelopment A enc a purchased tax default properties located at 701 Un�io �Avenue to IAmCaI Mu t� Housing, Inc, AmCal with the assistance of HOME Investment Partnership funds approved by City Council in 2008 is constructing 56 units of affordable rental housing on the site. The project which is expected to be completed by the end of the year, also features a community center, swimmin commercial site which fronts Union Avenue. g p°ol, security fencing, and a S:\Christine\EDCD Quarterly Activity Reports�2010�Apr-June10 quarter�y report.docx 7 The State Worker: Schwarzenegger orders more furloughs for state workers `���';� �,�C.'�.��a��'„��k�l �3k�:i�; . , .£..{. ,�.� ,, � ��. � , a i # ,� �ta � ��' �. �� ay� � . M � x . ,�"`°��� �.����� �. ��� .$.e � � 4 (�y tl ? ... Kt.' �F � { � � a,��� �� �`.��Y k. ' Sr c _2 a � '' � � � de �. � _, g. " � r i � �� �a.Ew�*±,;' ` . � : ��s 4� X i« � u�� 3 '� '� x ,_��`���''�!`.�'�� . � . "�i � . .. , � Chronicling civil-service life for California state workers July 28, 2010 Page 1 of 4 ��� �3� ' � � � °`�..,�� ��� G.� � � `� ��' J`�n: Schwarzeneqger orders more furloughs for state workers Editor's note: This post has been changed to specify the departments excluded from the governor's furlough order. It also clarifies payroll cost savings from furloughs last year Less than one month after ending furloughs for about 200,00o state workers, Gov. Arnold Schwarzenegger this morning brought back a scaled-down version of the policy, effective Sunday. The governor made the decision this week after Controller John Chiang said that unless lawmakers enacted a budget soon, the state's cash would go into the red by October to conserve funds as long as possible. Chiang said he'll start issuing IOUs in August or September "We have a fiscal crisis," Schwarzenegger spokesman Aaron McLear said this morning as he explained the new furlough order. "We're doing what we have to do to conserve cash." Like the policy that ended June 30, the governor's new executive order requires employees take three unpaid days off per month. The administration figures the payroll savings will amount to $i47.2 million per month, about $8o million of that from the general fund. But unlike the earlier policy, this one has no termination date: Furloughs will end when lawmakers pass a 2oio-ii budget. That could be weeks or months after the Legislature reconvenes on Monday. The State Worker: Schwarzenegger orders more furloughs for state workers Page 2 of 4 And unlike earlier policies, the new order exempts employees who work several departments, . specifically the Board of Equalization and the Franchise Ta�e Board, the Employment Development Department, State Compensation Insurance Fund, the California Housing Finance Authority and the California Earthquake Authority. Ail employees of the Highway Patrol and the Department of Fire and Forestry Protection are also exempt. The order doesn't explain the criteria for deciding to exclude those departments. McLear said that the administration couldn't exclude those employees previously because the state faced twin revenue and cash crunches. "Last year we were in free-fall," he said, but now the revenue crunch has eased, which allows the state some furlough flexibility. Today's order also excludes about g�,000 state workers in six unions that recently reached tentative labor agreements with the Schwarzenegger administration. "We expect the Legislature to quickly ratify those contracts next week," McLear said. Those deals contain concessions, including monthly furlough days and higher out-of-pocket employee pension contributions, that save the state money and make furloughing those employees unnecessary, McLear said. As part of the agreements, the administration promised that the Legislature will enact measures that will protect those protection from furloughs, minimum wage or both. "We keep our promises to the unions," McLear said. Another six unions representing about 150,00o state employees, including the 95,000-member SEIU Local i000, haven't yet come to labor terms with the governor. Managers and supervisors make up the remainder of the workforce. Unless they work in an exempted department, they are subject to the furlough order. Bruce Blanning, head of the ii,000-member Professional Engineers In California Government, said that the move is really designed to squeeze unions like his that haven't cut similar deals. "It's more misguided pressure from the governor on those who won't agree with his program," Blanning said. Today's order marks the third time that Schwarzenegger has unilaterally reduced state workers' hours and pay. In December 2008, with the state mired in a severe fiscal crisis, he directed that state workers take off two unpaid days per month. Several state employee unions sued to block the order, but a Sacramento court in January 2009 agreed with The State Worker: Schwarzenegger orders more furloughs for state workers Page 3 of 4 Schwarzenegger that the crisis was an "emergency" that allowed the governor to mandate furloughs to address it. Twice-monthly furlough days started the next month for most of California's 235,000 or so state workers hired through the executive branch. In June of 2009, Schwarzenegger added a third furlough day each month for the 2oo9-io fiscal year that started July i, 2009 and ended June 30. The Legislature passed a budget that assumed the savings. Although lawmakers failed to pass a budget last month, the governor ended furloughs as planned. Since then, the administration has tried -- and so far failed -- to withhold state workers' pay to federal minimum wage during the budget impasse, all the while warning that every day the state goes without a budget would make furloughs or layoffs more likely. In total, state workers have lost 46 days of wages to furloughs in the last i� months. One furlough day equals 4.65 percent of an employee's pay. A single furlough day last year reduced the state's payroll cost by about $6i million, or $2.2 billion for the 2oo9-io fiscal year. About half of that was from the state's general fund, which is the cash-strapped center of California's rolling budget crises. Schwarzenegger has exempted a few groups, however. About u,000 Highway Patrol officers and firefighters have never been furloughed and are again excluded this time around. The administration has said that those jobs are too vital to pare down. Another i6,000 employees who work for officials in statewide offices such as the treasurer, secretary of state and the controller have also avoided furloughs. The heads of those departments say that their independence gives them the authority to manage their own employees. All have made other cuts -- in some cases asking employees to volunteer for furloughs -- rather than comply with Schwarzenegger's order. That furlough dispute and others have triggered about 30 lawsuits over the last 19 months. About a half- dozen cases are now before the state Supreme Court, which won't hear arguments until September at the earliest. PHOTO CREDIT: Dino Gomez, of Department of General Services, picks up trash around state buildings on Wednesday, July 28, 2010, as Gov. Arnold Schwarzenegger released a statement that will force state workers to take three furlough days a month starting on Sunday until a budget is passed. "He should haue stuck to acting, " said Gomez about the gouernor's order. Hector Amezcua/ Sacramento Bee Categories: Breaking news, Furloughs, Pay and benefits, Unions / contracts Posted by Jon Ortiz 11:42 AM � Comments (0) � Share About Comments Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here. ro: FROM: DATE: S U BJ ECT: • B A K E R S F I E L D Department of Recreation and Parks Alan Tandy, City Manager � Dian�� n n, �. .7 ../ i�'`�foover, Director of Recreation & Parks July 27, 2010 Response to MLK DONATIONS COUNCILMEMBER CARSON REQUESTED THAT STAFF SEND THANK-YOU LETTERS TO THOSE WHO HAVE CONTRIBUTED TO MARTIN LUTHER KING, JR. PARK. �,�� j �.�� ��� 2 � 10�0 The contributions received by members of the community have enabled several programs to continue operating, especially at the Dr. Martin Luther King, Jr. center. We greatly value those contributions, and we make it a high priority to recognize their contributions through recognition in reports and by personal thank- you letters from the Director of Recreation and Parks. : �"! 2E :? .. _ Thank-you letters have been sent to those who have already contributed to the Dr. Martin Luther King, Jr. Center and other recreation and park related areas, and we will continue to do so in the future. Mayor Harvey Hall has requested that staff inform him of these donations so that he may acknowledge the contribution with personal thank you notes. Recreation and Parks will provide the list of donors on a regular basis to the Mayor's office. We enhance the quality of life through a variely of programs, parks, and partnerships. B A K E R S F I � E L D �J�������:'�� �� � .: �,. � � �. �r;;� � r„ , TO: FROM: Economic and Community Development Department M E M O R A N D U M � ,. Honorable Mayor and City Council Donna L. Kunz, Economic Development Director July 27, 2010 SUBJECT: Referral Response to the request by Councilmember Carson that staff provide a written report on the status of the Friendship House Council Referral No. 188 Councilmember Carson requested that staff provide a written report on the status of the Friendship House EDCD staff prepared a comprehensive report on the Friendship House in July 2009. The following is an update of that report in response to Councilmember Carson's recent inquiry. �sacKarouna on State Prop 40 Urban Park Grant The Community Action Partnership (CAP of Kern) received a grant from the California Department of Parks and Recreation Urban Park Act of 2001-2002 and the Murray-Hayden Urban Parks and Youth Service Program, funded in the 2002/03 State budget in the amount of $3 million dollars and $39,000 respectively for the design and construction of the Friendship House Youth Center. CAP of Kern previously took title to the existing Friendship House Center, remedied outstanding tax liens against the property, performed the required asbestos abatement in the buildings and demolished the dilapidated buildings using their own and other grant resources. CAP of Kern then held several community meetings, engaged an architect and engineering firm and began the development of a new center that would be used for CAP of Kern community service offices and provide service space to other community non-profits. The original design was developed around a plan that also called for adjacent shared recreational facilities that were under consideration by the Superintendent of Schools as a component of a new school under review. Due to budget constraints, the Superintendent of Schools abandoned the plans for the school on the adjacent property. CAP of Kern went back to the drawing board and modified their plans for a standalone project incorporating recreation facilities in the plan. Last year in early 2009, the State of California was again experiencing significant cash shortfalls. Due to this cash shortfall, the State froze the funding for many construction projects including the Friendship House Community Center project. At the time the project was frozen, the design was nearing completion with the next step public bid. CAP of Kern estimated roughly $35,000 was needed to complete the design phase of the project and bring it to a point where it was ready to go to bid. There were attempts to secure other funding sources or cash flow loans to complete the design phase of the project, but to no avail. CAP of Kern successfully worked with the City of Bakersfield on securing the agreement for the previously pledged CDBG funding of $247,342 as well as expanding the scope of the CDBG funding to include all aspects of the construction project. Current Status Once funding was reinstated from the state, the design was completed and the project was put out for public bid. In June, 2010 authority was granted to award bid to general contractor SC Anderson. A contract was signed with a start date of July 1, 2010. The two state grants expired on June 30, 2010. Since the moment the state originally froze the project funding last year, CAP of Kern has requested, and the state has given positive indications, that a one year extension would be granted to compensate for the disruption to the schedule. After much discussion and frustration, the state has included a one year extension for the project in the current proposed state budget. Unfortunately at this time CAP of Kern is unable to utilize any state funding until such time that the state budget is approved. CAP of Kern staff has arranged a schedule and agreement with the contractor that will allow for the normal preconstruction activity to continue while we wait for an approved state budget. The contractor will proceed with preconstruction activities such as shop drawings, survey work, permitting, etc. It is anticipated that this preconstruction activity will consume 45-60 days. The CDBG funding will be utilized to pay for these services. It is hoped that as these activities come to a completion, the state budget will be approved and the primary construction activities can immediately begin on site. If this is the case, CAP of Kern can meet our required completion date of May 31, 2011 within the parameters of the current construction contract. However, should the state budget approval process drag on past September, potentially costly alternatives will need to be considered such as accelerated completion schedules. CAP of Kern Opinions� Staff spoke with Mr. Jeremy Tobias, Executive Director of CAP of Kern, for an update on CAP of Kern's plans for the Friendship House. The information detailed above was provided to staff by Mr. Tobias. Mr. Tobias indicated that CAP of Kern intends to complete the project and that they were pursuing an extension from the State beyond the current June 30, 2010 deadline. He indicated they have not yet received formal approval. Mr. Tobias indicated CAP of Kern did not have the discretionary cash flow to front the construction costs and wait an unknown time for reimbursement. TO: FROM B A K E R S • F I E L D Economic and Community Development Department M E M O R A N D U M � � ��� Honorable Mayor and City Counc'!� , � � Donna L, Kunz, Economic Development Director � Y� �i N ��� July 26, 2010 SUBJECT; Referral Response to the request for information regarding hiring Requirements for Section 3 projects Council Referral No. 189 Councilmember Carson requested that staff provide information regarding hiring requirements for Section 3 projects. Section 3 is a provision of the Housing and Urban Development Act of 1968, which recognizes that HUD funds are typically one of the largest sources of federal funding expended in communities through the form of grants, loans, entitlement allocations and other forms of financial assistance, Section 3 is intended to ensure that when employment or contracting opportunities are generated because a covered necessitates the employment of additional persons or the awarding ofpont ctsrfor work, preference must be given to low- and very low-income persons or business concerns residing in the community where the project is located, A"section 3 resident" is; 1) a public housing resident; or 2) a low- or very low-income person residing in the metropolitan area or Non-metropolitan County in which the Section 3 covered assistance is expended. Section 3 business concerns are businesses that can provide evidence that they meet one of the following; a) 51 percent or more owned by Section 3 residents; or b) At least 30 percent of its full time employees include persons that are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or �) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualification in the above two paragraphs, 'S ���'(� ..�F.. Section 3 is both race and gender neutral, The preferences provided under this regulation are based on income-level and location. The Section 3 regulations were designed to encourage recipients of HUD funding to direct new employment and contracting opportunities to low-income residents, and the businesses that employ these persons, within their community regardless of race and/or gender, The term "low-income" is used in the Section 3 regulation to include both low- and very low-income individuals. Local income levels can be obtained online at: f �t�i� �:l1wv✓v�� r-�u , ����;;�;r�1C�f�7�SE[S�il,html, For your review attached is the Section 3 that was approved by HUD, CITY OF 6A KERSFIELD ECONOMIC OPPORTUNITIES FOR LOW & VERY LOW INCOME PERSO NS +�ity of Bakers�eld Jobs' for Residents Section 3 P1an � SECTION 3 PLAN C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 10-20-06 BB bi I. II III Section 3 Plan Table of Contents � 0 Purpose............................................................................................ 2 Definitions........................................................................................ 2 Goals for Section 3 Residents & Section 3 Business Concerns......... 4 IV. Selection Priority for Section 3 Residents & Section 3 Business Concerns ........................................................ 5 V. VI. List of Section 3 Compliance Documents to be Submitted with Bid ... 7 Section 3 Equal Opportunity Plan (EOP) ................................. g VII. Section 3 Contract Compliance ........................................................ 9 VIII. Complaint Procedure ........................................................................ 9 IX. City of Bakersfield Preference Procedures for section 3 Business .. 10 X. Attachments & Maps ...................................................................... 11 C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updatedl0-20-06 BB Table of Contents NOTICE OF SECTION 3 REQUIREMENTS Please read the attached Section 3 Plan very carefully. Your cooperation is appreciated. It is your responsibility, as proposed bidder/responder, to assure compliance with the following procurement provisions. Non-compliance will result in the rejection of submitted bids or proposals. Section 3 is in addition to, and separate from, the Affirmative Action requirements of this proposal. If there are any questions regarding Section 3 requirements, please contact: Economic Development Director City of Bakersfield Economic and Community Development Department 1600 Truxtun Avenue, Suite 300 Bakersfield, CA 93301 (661) 326-3765 FAX: (661) 852-2138 C:\DOCUME-1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 1 of 11 SECTION 3 PLAN I. PURPOSE Section 3 is a means to foster local economic development, neighborhood economic improvement, and individual self-sufficiency through housing and community development projects funded whole or in part by the Federal Department of Housing and Urban Development (HUD). Section 3 of the HUD Act of 1968 as amended by the Housing and Community Development Act of 1992, states that it is the policy of Congress and the intent of this section to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low- income persons. Section 3 is the legal basis for providing jobs for residents and awarding contracts to businesses in areas receiving certain types of HUD financial assistance in excess of $100,000. In the event Section 3 covered project expenditures generate economic opportunities (i.e., not out of necessity to serve low- or very low- income persons, but out of necessity to serve the employment or contracting needs of the recipient or contractor) these economic opportunities (i.e., new employees/subcontractors) must be directed (i.e., give preference) to qualified Section 3 residents and Section 3 business concerns. The purpose of Section 3 preferences is to be results oriented by: 1) encouraging business concerns that are not major sources of employment for low-income persons to increase their employment of these persons when economic opportunities arise from HUD financed construction related projects; and 2) promoting the growth of "profit-making" enterprises owned by low-income persons that substantially employ low-income persons with Section 3 contract awards (i.e., projects funded with Community Development Block Grant funds). II. DEFINITIONS Employment Opportunities - With respect to Section 3 covered housing and community development assistance, this term means all employment opportunities arising in connection with this Section 3 covered project including management and administrative jobs. Management and administrative jobs include architectural, engineering, or related professional services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly related to administrative support of these activities, for example, construction manager, relocation specialist, payroll clerk, etc. Fulltime - A position that is temporary, seasonal, or permanent that requires at least 1750 hours of employment on an annual basis. C:\DOCUME-1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 2 of 11 Metropolitan Area - A metropolitan statistical area (MSA), as established by the Office of Management and Budget. The entire geographic area encompassed by the political boundaries of the County of Kern has been defined as the Bakersfield MSA for this Section 3 Plan. Neighborhood Area - Has the same meaning as defined in 24 CFR 570.204(c)(1); that is [1] a geographic location within the jurisdiction of a unit of general local government (but not the entire jurisdiction) designated in comprehensive plans, ordinances, or other documents as a neighborhood, village or similar geographic designation; or [2] the entire jurisdiction of a unit of general local government which is under 25,000 population; or [3] a neighborhood, village or similar geographical designation in a new community. New Hires - Means full-time employees for permanent, temporary or seasonal employment opportunities and/or hiring of contractors/subcontractors. Lowest Responsive Bid - An acceptable bid with the lowest price that meets the minimum requirements and specifications. Responsible Bidder - A bidder, who, at the minimum, is licensed, bonded, insured, capable and reliable. Section 3 Resident -[1] a public housing resident; or [2] an individual who resides in the metropolitan area in which this Section 3 covered assistance is expanded, and who is: (i) a low-income person, as defined in Attachment B and/or E to this plan, incorporated herein by this reference as if set forth in full; or [3] a very, low-income person, also as defined in Attachment B and/or E to this plan. Section 3 Business Concern - A business concern: [1] that is 51 percent or more owned by Section 3 Resident; or [2J whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 Residents, or within three years of the date of first employment with the business concern were Section 3 Residents; or [3] that provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of "Section 3 Business Concern."� (* This part means the following: For a business to receive a preference under item #3 it must provide evidence that it subcontracted at least 25% of all subcontracts for the previous twelve months of its fiscal year to Section 3 business concerns). Section 3 Covered Contract - A contract or subcontract (including a professional service contact, such as for architectural or engineering services) awarded by the City of Bakersfield or contractor/subcontractor for work generated by the expenditure of Section 3 covered assistance, or for work arising in connection with this Section 3 covered project. This definition does not include contracts for the purchase of supplies and materials. However, whenever a C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 3 of 11 contract for materials includes the installation of the materials, that contract constitutes a Section 3 covered contract. Service Area - The geographical area in which the persons benefiting from this Section 3 covered project reside. The service area shall not extend beyond the unit of general local government in which this Section 3 covered assistance is expended. Skilled Position - A position requiring knowledge, experience, or license in a particular trade or craft. Unskilled Position - A position that is entry level and does not require any substantial experience or knowledge beyond the high school level. HUD Youthbuild Program - Programs that receive assistance under subtitle D of Title IV of the National Affordable Housing Act, as amended, and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very, low-income families. III GOALS FOR CONCERNS SECTION 3 RESIDENTS AND SECTION 3 BUSINESS Contractors and subcontractors may demonstrate compliance with the "greatest extent feasible" requirement of Section 3 by meeting the goals set forth herein for providing training, employment, and contracting opportunities to Section 3 Residents and Section 3 Business Concerns. The goals for hiring and contracting established below represent minimum targets for a Section 3 covered contract (contractor or subcontractor) that exceeds $100,000 of HUD financial assistance. The goals are not set-asides and quotas, but constitute a "safe harbor" for contractors and subcontractors on the matter of compliance with Section 3. In the absence of evidence to the contrary, a contractor or subcontractor that meets the minimum goals for all new hires and contracting opportunities outlined in this Section 3 Plan will be considered to have complied with Section 3 requirements. In evaluating compliance under this Section 3 Plan, a contractor or subcontractor that has not met the goals described below has the burden of demonstrating why it was not feasible to meet the goa/s identified in the Section 3 Plan. Such justification may include statements regarding impediments encountered despite actions taken. In addition, to further demonstrate efforts taken to meet the goals, a contractor/subcontractor can indicate other economic opportunities provided to Section 3 residents or Section 3 business concerns as outlined on page 4 of Attachment "A". C:IDOCUME-1\cgutierr\LOCALS�1\TempVCPgrpwise\Section 3.docx Updated 4/14/10 TP Page 4 of 11 A. Traininq and Emplovment The goals apply to all new hires generated from the Section 3 covered assistance for a project. Efforts to employ Section 3 residents should, to the greatest extent feasible, be made at all job levels (entry level and skilled positions) for those residents who are qualified (i.e., persons who able to successfully complete the work required of the position). 1. Goa/s for HUD Community Deve%pment Programs Contractors and subcontractors may demonstrate compliance with Section 3 requirements by documenting and committing (at the time of their project bid submission) to employ Section 3 residents as 30 percent of the number of new employees. 2. Goa/s for HUD Housing Programs Regarding housing assistance provided under other HUD programs, contractors and subcontractors may demonstrate compliance with Section 3 requirements by documenting and committing (at the time of their project bid submission) to employ Section 3 residents as 10 percent of the aggregate number of new employees generated from the Section 3 covered assistance for each year of the duration of the Section 3 project. B. Contractinq Goals also apply to all contracting and subcontracting needs generated from the Section 3 covered assistance for a project. The goals for each contractor and subcontractor may demonstrate compliance with the requirements of this part by documenting and committing to award to Section 3 business concerns: 1. Goa/ for Contracting At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work arising in connection with housing rehabilitation, housing construction and other public construction. IV. SELECTION PRIORITY FOR SECTION 3 RESIDENTS AND SECTION 3 BUSINESS CONCERNS Section 3 is authorized under 12 U.S.C. 1701u and 42 U.S.C. 3535(d). Implementing regulations are 24 CFR Part 135 - Economic Opportunities for Low and Very Low Income Persons - Interim Rule dated June 30, 1994) that expressly encourages, to the maximum extent feasible, a geographic preference in the evaluation of bids or proposals. This preference is triggered by the need for new hires (whether individual employees or contractors or subcontractors) for work on a project assisted by HUD financial assistance in an excess of $100,000 covered by Section 3. C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 5 of 11 /.� Selection P Emplovment r 5ection 3 Res in Traininq and Contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of Section 3 covered assistance to Section 3 residents in the order of priority outlined below: 1. Section 3 residents residing in the service area or neighborhood in which the Section 3 covered project is located (collectively, referred to as category 1 residents); and 2. Participants in HUD Youthbuild programs (category 2 residents). 3. Where the Section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless persons residing in the service area or neighborhood in which the Section 3 covered project is located shall be given the highest priority; 4. Other Section 3 residents (i.e., homeless persons, and recipients or participants of government assisted programs such as section 8 and public housing tenants). A Section 3 resident seeking the preference in training and employment provided by this part shall certify, or submit evidences to the contractor or subcontractor, as needed. Attachment "B" must be filled out by potential Section 3 residents seeking the preference in training and employment outlined in the City's Section 3 Plan. Attachment "B" self-certification will be one of the methods used by City, contractors, and subcontractors to confirm eligibility for Section 3 preference. Should said certification come into question or not be appropriate due to the type of Section 3 resident (i.e., public housing tenant), City, and contractors and subcontractors may request other evidence of eligibility for the preference, such as evidence of receipt of public assistance or evidence of participation in a public assistance program. Attachment "B" for each Section 3 resident must be submitted no later than the date of the pre-construction conference. Should a contractor submit a bid and be awarded a contract predicated on new hires for Section 3 residents, and does not provide evidence at the pre-construction conference that this requirement was met, the contractor may be deemed by the City of Bakersfield to be in non-compliance of federal requirements and therefore, in breach of contract and subject to contract rescission. (Please note that nothing in the Section 3 Plan shall be construed to require the employment of a Section 3 resident who does not meet the background and qualifications of the position to be filled.) C:\DOCUME�1\cgutierr\LOCALS�1\TempUCPgrpwise\Section 3.docx Updated 4/14/10 TP Page 6 of 11 B. Selection Prioritv for Section 3 Business Concerns in Contractors and subcontractors shall direct their efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority outlined below: 1. Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located (category 1 businesses); and 2. Applicants selected to carry out HUD Youthbuild programs (category 2 businesses); and 3. Other Section 3 business concerns. The form provided as Attachment "C" (or a similar form) must be used by contractors and subcontractors to obtain certification from Section 3 business concerns seeking the preference in contract or subcontract award provided in this Section 3 plan. This attachment, if utilized, must be submitted by the bid deadline. Should said certification come into question, City, and contractors/subcontractors may request other evidence of eligibility for the preference. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern. A Section 3 business concern seeking a contract or a subcontract must demonstrate to the satisfaction of the party awarding the contract or subcontract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed contract or subcontract. V. LIST OF SECTION 3 COMPLIANCE DOCUMENTS TO BE SUBMITTED WITH BID Attachment A- Section 3 Economic Opportunity Plan Attachment C- Section 3 Business Concern Certification Attachment F- Resident Employment/Business Utilization Bidder's Certification (Attachments A, C, and F must be satisfactorily completed as part of an acceptable bid. These Attachments provide important information as to the bidder's Section 3 strategy.) VI. SELECTION PRIORITY FOR SECTION 3 RESIDENTS AND SECTION 3 BUSINESS CONCERNS All bidders must complete the Section 3 EOP (Attachment "A") and return it with your bid. Part of the Section 3 EOP requires all bidders to complete a preliminary statement of your workforce needs for the activity, broken out by C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 7 of 11 trade for all skilled, semi-skilled, and unskilled labor and trainee categories, regardless if new hires will be generated. This statement should include the anticipated workforce needs of any subcontractor you intend to use where this is known; where this is known, this information should be obtained from the subcontractor before any subcontract in excess of $100,000 is awarded. If your firm is selected for a contract that will generate economic opportunities as a result of a Section 3 covered project, you will be required to meet appropriate goals for the hiring of Section 3 area residents/businesses to fill the project workforce needs. Furthermore, if your firm is awarded a contract but fills its new positions with non-Section 3 area residents/businesses prior to the signing of a contract, you must be prepared to demonstrate that this was not done to circumvent these requirements. If Section 3 requirements are purposely circumvented as a means acquire an award, the project contract will be deemed null and void. In meeting these low-income resident employment requirements, contractors and subcontractors may wish to consider using the employment/job development services of the agencies listed below as well as other agencies and centers that serve the economically disadvantaged within the project area: Employers Training Resource (ETR) - (661) 325-4473 State Employment Development Department (EDD) -(800) 300-5616 Housing Authority of Kern County -(661) 631-8500 Small Business Development Center -(661) 395-4126 Kern, Inyo and Mono Counties Central Labor Council -(661) 324-6451 Bakersfield Homeless Center (Bethany Services) -(661) 322-9199 Kern County Construction Boot Camp, LLC —(661) 324-7535 ETR and EDD can provide names of potentially qualified Section 3 residents. The Housing Authority and Bethany Services can provide names of qualified Section 3 residents who are public housing tenants and homeless, respectively. The Kern, Inyo and Mono Counties Central Labor Council can potentially provide names of unemployed Section 3 residents skilled in the building trades. The Small Business Development Center and the Bakersfield Minority Business Development Center are able to provide technical assistance to potential Section 3 businesses. Contractors will also be required, to the greatest extent feasible, to award subcontracts to business firms located in or owned in substantial part by residents of the project area (Tier 1, 2, or 3- see Attachment A for more information). As identified on page 6 of this Plan, the Section 3 Business Contracting goal is 10% of the total dollar amount. If your company should be awarded a Section 3 covered contract under this project, you will be required to give notice to all labor organizations with which you have an agreement that you have made this commitment. This notice should also be posted at your place of business and at the job site. A sample notice of this type is provided for your reference in this section. C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 8 of 11 In order for your bid to be acceptable under this provision, you should be certain that you understand the attached Section 3 clause (Attachment "D") which is to be inserted in all Section 3 covered contracts and subcontracts. This clause commits the contractor to provide, to the greatest extent feasible, training and employment opportunities to lower-income residents living in the project area (see attached census tract map). A low income resident is defined by their household annual gross income and household size (Attachment "E"). The Resident Employment Bidder's Certification Form (Attachment "F") states you understand this Section 3 requirement. This form must be completed by you, signed by an authorized representative of your company and returned with your bid. VII SECTION 3 CONTRACT COMPLIANCE Minimum compliance with Section 3 is determined by meeting goals for training and contracting by contractors and subcontractors for Section 3 covered projects. In evaluating compliance under Section 3, a contractor or subcontractor that has not met the appropriate goals has the burden of demonstrating why it was not feasible to meet the goals described in the Section 3 Plan. This would include documentation that every feasible attempt was made to notify, encourage and facilitate job and contracting opportunities to Section 3 residents and business concerns. The written records of Section 3 covered project contractors and subcontractors will be reviewed by the City as a means of establishing compliance or non- compliance with Section 3 requirements. Contractors and subcontractors who receive Section 3 contracts found to be in non-compliance will be deemed to be ineligible for future Section 3 covered projects for a minimum period of 24 months from the date deemed to be in non-compliance. Attachment "G" shall be used by contractors and subcontractors to provide information and data regarding actual contracts and subcontracts awarded. Attachment "H" identifies a form that is required for actual jobs created in connection with assisted section 3 projects. Satisfactory submission of Attachment "G" and/or "H" with each request for payment is a prerequisite in order for City to authorize payment on a Section 3 covered project. Attachment "I" identifies acceptable methods that, when documented, demonstrate compliance with Section 3. Attachment "J" identifies a sample notice for project area resident employment commitment. Attachment "K" provides a sample description of job categories connected with Section 3 covered projects. _ ........,,,, � Some contracting firms choose to enter into business agreements with labor unions. These agreements may sometimes appear to be inconsistent with C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwiselSection 3.docx Updated 4/14/10 TP Page 9 of 11 Section 3 requirements. However, it is important to note that labor union agreements do not take precedence over laws established by the federal government of the United States. ln other words, it would not be correct for labor unions to suggest that their signatories not comply with federal regulations when such regulations are incompatible with the terms of the union-signatory agreement, C:IDOCUME�1\cgutierr\LOCALS�1\TemplXPgrpwiselSection 3.docx Updated 4/14/10 TP Page 10 of 11 VIII COMPLAINT PROCEDURE A complaint may be filed alleging a violation of Section 3 requirements The may be filed by Section 3 residents and Complaints are investigated by HUD and resolutions are sought. Those grievances that result in an administrative hearing. Y Section 3 business concerns. where appropriate, voluntary are not resolved voluntarily can A complaint should be written upon the enclosed complaint register (Attachment «�„ )� Complaints should be filed with the City of Bakersfield and, if warranted, may be appealed to the Area Office of HUD (LA Area), Washington, D.C. HUD. Addresses: 1. City of Bakersfield - Economic Development Director Economic and Community Development Department 1600 Truxtun Avenue, Suite 300, Bakersfield, CA 93301 [661 ] 326-3765; FAX - [661 ] 328-1548; TDD - [661 ] 324-3631 2. HUD LA Area Office, Region IX Director, Fair Housing and Equal Opportunity U.S. Dept. of Housing and Urban Development 611 West 6th Street Los Angeles, CA. 90017 (213) 894-8000 FAX: (213) 894-8096 3. HUD Washington Assistant Secretary, Fair Housing and Equal Opportunity Room 5100, Dept. of HUD 451 Seventh St., S.W. Washington, D.C. 20410-2000 (202) 708-2251 IX CITY OF BAKERSFIELD PREFERENCE PROCEDURES FOR SECTION 3 BUSINESS Concerns under Procurement by Sealed Bids (Invitations for Bids) This section of the Section 3 Plan provides a framework for awarding Section 3 covered contracts to contractors and subcontractors under Procurement by Sealed Bids (lnvitation for BidsJ. Preference in the award of Section 3 covered contracts that are awarded under a sealed bid process may be provided as follows: [1] Bids shall be solicited from both Section 3 Business Concerns and Non-Section 3 Business Concerns. An C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 1 of 11 award shall be made to the qualified Section 3 Business Concern with the highest priority ranking and with the lowest responsive bid if that bid (A) is within the maximum total contract price established in the contracting party's budget for the Section 3 covered project, and (B) is not more that "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows: Preference Matrix X. ATTACHMENTS & MAPS (SEE ATTACHED INFORMATION.) Attachments: A- Section 3 EOP (Part of Bid Submission) B- Section 3 Residency Certification (Must be submitted at Pre-Con) C- Section 3 Business Concern Certification (Part of Bid Submission) D - Section 3 Clause E- Section 3 Resident Family Income Limits F- Resident Employment/Business Utilization Bidder's Certification Form (Part of Bid Submission) G- Actual Subcontracts Awarded in Connection with Section 3 Covered Projects. (To be Submitted with Each Payment Request) H- Actual Hires in Connection with Section 3 Covered Projects. (To be Submitted with Each Payment Request) I- Examples of Efforts to Offer Training & Employment Opportunities to Section 3 Residents J- Sample Notice for Project Area Resident Employment Commitment K- Sample Description of Job Categories for Section 3 Plan L - Complaint Register Maps: City of Bakersfield Urban Census Map(s) � Required if new hires (new employees/subcontractors, etc.) are required for this project. C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 4/14/10 TP Page 2 of 11 ►� ic SECTION 3 ECONOMIC OPPORTUNITY PLAN City of Bakersfield Financial Services Purchasing Department 1600 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3746 Date: Name of Bidder/Organization: Address of Bidder: Contact Person: Title: ^J Economic & Community Development Department 1600 Truxtun Ave., Suite 300 Bakersfield, CA 93301 (661) 326-3765 Project Name: Project Address: � 1. Description of Section 3 project area boundaries for new hires (New hires means the hiring of new employees or subcontractors): a. New Emp�oyees If your firm is hiring new employees for this project, please identify from which tier boundary they will be selected: New employees will be needed to complete this project. Yes or No Tier 1 boundary is the U.S. Census Tract (C.T.) and Block Group (B.G.) in which the project is located in: (see attached map) Tier 2 boundary is the following impacted Census Tracts adjacent to the project site: (See attached map.) Tier 3 boundary is the County of Kern: b. Business Concerns to Be Hired if your firm is hiring subcontractors for this project, please identify from which tier boundary they will be selected: (i.e., contractors, subcontractors, vendors/suppliers who provide installation) Subcontractor(s) will be needed to complete this project. Yes or No (If "no" go to page 2.) Tier 1 boundary: Tier 2 boundary: Tier 3 boundary: Submit with Bid ATTACHMENT "A" C:IDOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwiselSection 3.docx Updated 10-20-06 BB (same as above) (same as above) (same as above) Page 1 of 6 � � m � � O � N � �U C N U f� � � 'a N N N _ � jl, O Z w c � o °� _ c �� �� � a`� �a o �, �� � a� w a� a� o °- a� 0 WV v O O'� � � a` �� �� F�- Z I-L- N � O � Q � U U � � N � � � N Y � � � Y � i .� N � L � Q (a J � � Y N C � � � U �_.� C � Q Q Q � � N C .� F-- N � O F- ._. � c 0 �. U N � � � � Qi m a. a� a� � � O � N `�_- N .Q O � � � .� � � � Q F- cW G U � Q U O V (7 C O � a� � � � 3 a � rn a o. a�i F- � t � J Q U O �m N � '� o �o N � � W M �o � .. U -° 0 � .a U� cD � 0 N N m f0 a ai � c� L � � 4- U N Q N � .r C 7 O � N � U fB � Y � 0 U w O � � N � � c0 � N � � � � O � C (U Q 7 O T � }. .N C O U 7 � �..� � C O U a� � � 0 � � .` a� Y �C C L — N c0 -Q N � •� c o � L � 3� � Q O -p �� c � N ` > � �� c � cu � � c � � � N U C N N � U C = O � U � .a /�� (� V/ � N Q H Z WC G 2 U Q � Q x U O a Ki c 0 � a� � a� N �3 a rn a � a E H � i N J U O �m � N �{ �o �o U N T � 7 O W M � O � � U O� � -o .n U� � �1�-- � M N m (0 � 3. Identify Section 3 Proiect Area (See Attachment A Page 1, Item 1a for definition.) Hiring Goals: A. If General Contractor requires new employees for this project, the goal is 30% composed of Section 3 Residents. List below new employees to be hired. (Note: If none to be hired, please state N/A. This must be consistent with your information on Section A. 1. a. of page 1.) B. If general contractor requires subcontractors for this project, the goal is 10% of total dollar amount to be awarded to subcontractors and vendors who install materials on the construction site must be awarded to Section 3 Business Concerns. List Section 3 Business Concerns hired. (Note: If your firm does not plan to hire subcontractors/vendors who insta�l materials on the construction site of this project please state N/A. This must be consistent with your information on Section A.1.b. of page 1. ) If your firm plans to hire subcontractors/vendors who install materials on the construction site for this project but were unsuccessful in hiring Section 3 Business concerns subsequent to a greatest extent feasible effort, the efforts made need to be documented in the following pages in order for the bidder to be considered responsive. ATTACHMENT "A" C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 10-20-06 BB Page 4 of 6 (Note: Attachment I identifies acceptable methods to demonstrate greatest extent feasible efforts for Section 3 resident and business concerns. At least 50°/o of these tactics must be documented below to reflect a greatest extent feasible effort by the general contractor, for meeting Section 3 economic opportunity requirements.) 4. Identify efforts, sources and methods of recruitment of Section 3 New Hires (documentation of actual new hires for Section 3 covered project will be required to be submitted with each payment request). 5. List State approved apprenticeship programs to be utilized, if any. ATTACHMENT "A" C:IDOCUME�1lcgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 10-20-06 BB Page 5 of 6 6. List any welfare to job program, such as, the County adopted CalWorks Plan or the Housing Authorities of the County of Kern (HACK) Family Sufficiencies Program; or job training programs, such as, the Job Training Partnership Act (JTPA) through Employers Training Resource (ETR); or low-income job banks, such as, the HACK Job Bank programs to be utilized, if any. 7. List methods used to recruit contractors/subcontractors or other methods to comply with Section 3 requirements. 8. Based on the above noted efforts and methods used by the general contractor these tactics resulted in the following Section 3 accomplishments: This Item to be Submitted With Bid ATTACHMENT "A" C:IDOCUME�1lcgutierr\LOCALS�11Temp�XPgrpwise\Section 3.docx Updated 10-20-06 BB Page 6 of 6 SECTION 3 RESIDENCY CERTIFICATION City of Bakersfield Economic and Community Development Project Title: I, the undersigned, understand that the aforementioned project is subject to the Section 3 Plan which warrants that employment and other economic opportunities generated by certain United States Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low-and very-low income persons, particularly those who are recipients of assistance for housing. In reliance of that said warranty, and in reliance upon the income schedules and project service area designation attached hereto and made part of this certification by this reference, I hereby certify that I am a person of low- or very low-income and a Section 3 Resident by virtue of the statements I make by selecting any of the following as applicable to me: ❑ I am a Category 1 Section 3 Resident because I reside in the service area (tier 1, tier 2, or tier 3) for this project and my family income is 80 percent or less of the median income for the area. ❑ I am a Category 2 Section 3 Resident because I am participating in a HUD Youthbuild Program. ❑ I am a recipient of government assistance for housing, including recipients of certificates or vouchers under the Section 8 housing assistance program within the service area where this project is located. Where a Section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act: ❑ I am a homeless person residing in the service area of this project. ❑ Other Section 3 Resident. Furthermore, I declare that I am available for full-time work in the area of for this Section 3 covered project. The undersigned swears that the foregoing statements are true and correct that false statements may initiate action under Federal or State laws statements. Signature: Print Name: Address of Residence: Social Security Number: ate: Phone: Submit at Preconstruction Meeting ATTACHMENT `B" C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrp�,yise\Section 3.docx Revised: 10-20-06 BB and understands concerning false Page 1 of 1 SECTION 3 BUSINESS CONCERN CERTIFICATION City of Bakersfield Economic & Community Development Department Project Title: The undersigned acknowledges by this certification its understanding that the aforementioned project is subject to the Section 3 Plan which warrants that employment and other economic opportunities generated by certain United States Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low-and very-low income persons, particularly those who are recipients of assistance for housing. In reliance of that said warranty, any intent by a firm to claim the preference to be given to business concerns providing economic opportunities to low- or very low-income persons is hereby certified by the undersigned by virtue of any applicable statements selected below: ❑ The firm is 51 percent or more owned by Section 3 Residents, as defined City of Bakersfield's Section 3 Plan of which this certification is made part�; in the or ❑ At least 30 percent of this firm's permanent, full-time employees are currently Section 3 Residents, or within three years of the date of first employment with this firm were Section 3 Residents�; or ❑ This firm is submitting documentation with this bid that it subcontracted 25% of all subcontracts for the previous twelve months of its fiscal bonafide Section 3 Business Concerns. ❑ This firm is not a Section 3 Business Concern. at least year to *THE CITY RESERVES THE RIGHT TO REQUEST DOCUMENTATION FROM THE BIDDER PRIOR TO BID AWARD THAT VERIFIES THIS SELECTED STATEMENT. SUBMIT WITH BID ATTACHMENT "C" C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Revised: 10-20-06 BB Page 1 of 2 Furthermore, this firm certifies to the following: ❑ This firm is a Category 1 business by virtue of providing economic opportunities for Section 3 Residents in the service area or neighborhood defined in the Section 3 Affirmative Action Plan for this project. ❑ This firm is a Category Youthbuild Programs. 2 business by virtue of its selection to carry out HUD ❑ This firm is a Section 3 Business Concern other than Category 1 or 2. The undersigned swears that the foregoing statements are true and correct and understands that false statements may initiate action under Federal or State laws concerning false statements. Signature: Title: Print Name: Name of Firm: Business Address: Business License Number: Date: Phone: Contractor's License Number: SUBMIT WITH BID ATTACHMENT "C" C:IDOCUME�1\cgutierr\LOCALS�1\TemplXPgrpwise\Section 3.docx Updated 10-20-06 BB Page 2 of 2 SECTION 3 PROVISIONS* A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of .the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135 and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. * To be inserted into every subcontract for work. ATTACHMENT "D" C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 06-01-10 TP Page 1 Of 1 Low Income (80%) Very Low Income 50% Extremely Low (30%) SECTION 3 RESIDENT FAMILY INCOME LIMITS Bakersfield and Kern County Metropolitan Statistical Area (FY 2010 Median Family Income = $51,900) Income Based on Household Size (in dollars) 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person 31,550 36,050 40,550 45,050 48,700 52,300 55,900 59,500 19, 750 11,850 22,550 13,550 25,350 15,250 28,150 16, 900 SUBMIT WITH BID ATTACHMENT "E" C:IDOCUME-1lcgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Updated 06-01-10 TP 30,450 18,300 32, 700 19,650 34, 950 21,000 37,200 22,350 Date: May 12, 2010 Page 1 of 1 Name of Company: Address: Project Title: RESIDENT EMPLOYMENT/BUSINESS UTILIZATION BIDDERS CERTIFICATION Project Number: This is to certify that I have read and understand the resident employment/business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found (name of company) in 24 CFR 135 and that the is under no contractual restrictions or other disability which would prevent it from complying with said requirements. Signature of Company Officer: Print Name: Title of Officer: Date: SUBMIT WITH BID ATTACHMENT "F" C:\DOCUME�1\cgutierr\LOCALS-1\Temp�XPgrpwise\Section 3.docx Updated 10-20-06 BB Page 1 of 1 W E� � A U � Ar O � z F- Z � � � Q .-� W � � H .� Y � O � � O a � � w mC G � Z L W d Z _ L 0 +.. t) L � C v � M � v m � �4 N J � _ �a � c� " L N O cn �w �Q a° � a� Z � m O� UZ Q W � � � Z ZW OV U —� �z° c� Q F- Z � O � Q iY � O � � O w � � W Cm C � Z W Z O 2 0 Q tq p N W NW �.L � � � Q W � W Z � ZO � J J W � J � a a? h � � � a� � � � � c >, � Q � U ca � � � N E .Q � � � f'- c� � z CW G _ U Q � Q U O � M � 0 U � � �, � .a m a �a � � � J U O °' m .� �' � 0 + o w o �� U -° o� � -o V � � w 0 � a� v� c� a. MONTHL Y SECTION 3 REPORT City of Bakersfield Economic and Community Development Department Instructions for Completion Project Name and Number: Prime Contractor Report Must lnclude Total Hires for all Sect. 3 Subcontractors and Report Cumulative Fiscal Year (July - June) to Date lnformation : tmploymenf and Train�nh nn.,.,.-�.,.,; Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e., supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: Enter the number of new hires for each category of workers identified in Column A in connection with this project. "New hire" refers to a person who is not on the contractor's payroll for employment at the time of bid opening. Column C: Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this project. Section 3"new hire" refers to a Section 3 resident who is not on the contractor's payroll for employment at the time of bid opening. Column D: Enter the number of staff hours worked by newly hired Section 3 employees and trainees connected with this project. Column E: Enter the number of staff hours worked by all new hires, both Section 3 and non- Section 3 new hires. Column F: Enter the number of staff hours worked by both existing and newly hired Section 3 employees and trainees connected with this project. Include staff hours for part-time and full-time positions. Column G: Enter the total number of staff hours worked by both existing and newly hired Section 3 and non-Section 3 employees and trainees on this contract. Column H: Enter the number of existing and newly hired Section 3 Residents that are working on this project. ATTACHMENT "H" Instruction Page C:IDOCUME�1\cgutierrlLOCALS-11Temp�XPgrpwiselSection 3.docx Adapted from HUD-60002 & Updated 10-20-06 BB 1'age 1 of 2 EMPLOYMENT & TRA/N/NG OPPORTUNITIES Prime Contractor Report Must lnclude Total Hires for all Section 3 Subcontractors Project Name and Number: 1. Contractor Name & Address :(Street, City, State, Zip) 2. License Number: 3. Dollar Amount of Contract: . Contact Person: 5. Phone: (Include Area Code) 6. Reporting Period: 7. Date Report Submitted: Part I: Employment and Trainin (** Include New Hires in columns E, F, G� H.) A B C D E** F.. G,» H"* Job Cate o Staff Hours Staff Hours Staff Hours Total Staff Number of 9 r'Y Number of Number of Worked by Worked by all Worked by all Hours Existing & New Hires New Hires Sec. 3 New New Hires Sec. 3 that are Hires Newly Hired Employees & Section 3 Section 3 Trainees Residents Employees and Professionals Trainees Technicians Office/Clerical Construction by Trade (List) rade: rade: rade: rade: rade: Other (List) Total SUBMIT MONTHLY ATTACNMENT "H" C:\DOCUME-1lcgutierrlLOCALS�11TemplXPgrpwiselSection 3.docx Adapted from HUD-60002 & Updated 10-20-06 BB Page I of 2 Part ll : Contracts Awarded - Cumulative To Date Reporting Required 1. 2. Construction Contracts: A. Total dollar amount of all contracts over $100,000 awarded on this project B. Total dollar amount of contracts awarded to Section 3 Businesses' L L�7 Percentage of the total dollar amount that was awarded to Section 3 Businesses Total number of Section 3 Businesses receiving contracts Non-Construction Contracts: A. Total dollar amount of all non-construction contracts over $100,000 awarded on this project B. Total dollar amount of all non-construction contracts awarded to Section 3 Businesses C. Percentage of the total dollar amount that was awarded to Section 3 Businesses D. Total number of Section 3 Businesses receiving non-construction contracts $ $ 0 F� 0 % % Part lll : Summarv - Cumulative To Date Reporting Required Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, si ns prominently displayed at the project site, contacts with community organizations and public or private agencies operating within the metropolitan area (or non-metropolitan county) in which this Section 3 covered project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 Business Concerns. Other; describe below or on additional attached pages if required. SUBMIT MONTHLY ATTACHMENT "H" C:\DOCUME�1\cgutierr\LOCALS-11TemplXPgrpwiselSeCtion 3.docx Adapted from HUD-60002 & Updated 10-20-06 BB Page 2 of 2 Following are acceptable methods that, when documented, demonstrate compliance with Section 3: to Offer T E � Section 3 (1) Consulting with State and local agencies administering training programs funded through JTPA or JOBS, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 Residents for a contractor's or subcontractor's training and employment positions. (2) Advertising the jobs to be filled through the local media. (3) Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably a Section 3 Business Concern) that will undertake efforts to match eligible and qualified Section 3 Residents with the training and employment positions that the contractor intends to fill. (4) Establishing training programs, which are consistent with the requirements of the Department of Labor, for public housing residents and other Section 3 Residents in the building trades. (5) Advertising the training and employment positions by distributing flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) to housing developments where category 1 or category 2 persons reside. (6) ��) �i. �9) (10) (11) Entering into "first source" hiring agreements with organizations representing Section 3 Residents. Contacting resident council, resident management corporations, or other resident organizations, where they exist, in the housing developments where category 1 or category 2 persons reside, to request the assistance of those organizations in notifying residents of the training and employment positions to be filled. Sponsoring a job informational meeting to be conducted at a location in the housing developments where category 1 or category 2 persons reside or in the neighborhood or service area of the Section 3 covered project. Arranging assistance in conducting job interviews and completing job applications for residents of the housing developments where category 1 or category 2 persons reside and in the neighborhood or service area in which a Section 3 project is located. Arranging for a location in the housing developments where category 1 or category 2 persons reside, or the neighborhood or service area of the project, where job applications may be delivered and collected or where job interviews can be conducted. Where there are more qualified Section 3 Residents than there are positions to be filled, maintaining a file of eligible qualified Section 3 Residents for future employment positions. (12) Undertaking such continued job training efforts as may be necessary to ensure the continued employment of Section 3 Residents previous hired by for employment opportunities. ATTACHMENT "I" C:\DOCUME�1\cgutierr\LOCALS�1\TemplXPgrpwiselSection 3.docx Adapted from HUD-60002 & Updated 10-20-06 BB Page 1 of 2 i omplian Concern of (1) In determining that responsibility of potential subcontractors, consider their record of Section 3 compliance as evidenced by past actions and their current plans for the pending subcontract. (2) Contacting business assistance agencies, minority contractors' associations and community organizations to inform them of contracting opportunities and request their assistance in identifying Section 3 businesses which may solicit bids or proposals for contracts for work in connection with Section 3 covered assistance. (3) Providing written notice to all known Section 3 Business Concerns of the contracting opportunities. This notice should be in sufficient time to allow the Section 3 Business Concerns to respond to the bid invitations or request for proposals. (4) Following up with Section 3 Business Concerns that have expressed interest in the contracting opportunities by contacting them to provide additional information on the contracting opportunities. (5) Coordinating pre-bid meetings at which Section 3 Business Concerns could be informed of upcoming contracting and subcontracting opportunities. (6) Advising Section 3 Business Concerns as to where they may seek assistance to overcome limitations such as inability to obtain bonding, lines of credit, financing, or insurance. (7) Arranging solicitations, times for presentations of subcontract bids, quantities, specifications, and delivery schedules in ways to facilitate the participation of Section 3 Business Concerns. ($) �9) (10) Where appropriate, breaking out subcontract work items into economically feasible units to facilitate participation by Section 3 Business Concerns. Advertising subcontracting opportunities through trade association papers and newsletters, and through other local media, such as newspapers of general circulation. Developing a list of eligible Section 3 Business Concerns. Contractors and subcontractors are encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with Section 3 covered assistance. Other Training and Employment Related Opportunities: These include, but need not be limited to, use of trainee positions to fill vacancies; and hiring Section 3 Resident in part-time positions. Other Business Related Economic Opportunities: Such opportunities include, but are not limited to, the formation of Section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from Housing Authority resident-owned businesses, and purchase of materials and supplies from Public Housing Authority resident-owned businesses. ATTACHMENT "I" C 1DOCUME�1lcgutierrlLOCALS�11TemplXPgrpwiselSection 3.doCx Updated 10-20-06 BB Adapted From HUD 60002 Page 2 of 2 SAMPLE NOTICE OF PROJECT AREA RESIDENT EMPLOYMENT COMMITMENTS INSTRUCTIONS This Section 3 Project Area Resident Employment regulations require that a notice similar to this sample be sent by all firms awarded a contract on this project to any labor organizations with which it has a collective bargaining agreement or other agreement or understanding. If awarded a contract, you will be required to submit a notice of this type and to post it in a prominent place available to your employees. This notice should be retyped on your company's letterhead. S A M P L E TO WHOM IT MAY CONCERN: The (NannE oF CoMPaNY) has entered into an agreement with the City of Bakersfield for work to be performed at (SirE oF WoRK). This project is funded in part by the U.S. Department of Housing and Urban Development (HUD) and as such is subject to the terms of Section 3 of the Housing and Urban Development Act of 1968, 12 USC 1701 u. As a contractor or subcontractor on this project, and pursuant to the provisions of Section 3, the (NAME OF COMPANY� is committed to utilizing residents of the Section 3 covered project area as employees and trainees to the greatest extent feasible. In addition, the (NAME OF COMPANY� will utilize to the greatest extent feasible business concerns located in or owner in substantial part by residents of the Section 3 covered project area. It is the intention of the (NAME oF CoMPANY) to fulfill its obligations under Section 3. Signature of Authorized Company Representative ATTACHMENT "J" C�IDOCUME-1\cgutierrlLOCALS�11TempU(PgrpwiselSection 3.docx Updated 10-20-06 BB Page 1 of 1 SAMPLE DESCRIPTION OF JOB CATEGORIES FOR SECTION 3 PLAN Officials/Managers - Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operation. Includes: officials, executives, middle management, plant managers, superintendents, salaried foreman. Professionals - Occupations requiring either college graduation or experience of such kind that provides a comparable background. Includes: accountants, chemists, architects, engineers, personnel workers, registered nurses, teachers, lawyers, auditors. Technicians (Para-professionals) - Workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work which can be obtained through about two years of post-high school education or through equivalent on-the-job training (e.g., computer programmers, draft persons, engineering aides, junior engineers, nurses, nurse's aides, assistants, surveyors, buyers). Sales - Occupations engaging wholly or primarily in direct selling (e.g., advertising agents, brokers, sales clerks). Office/Clerical - Includes all clerical-type work regardless of level of difficulty (e.g., bookkeepers, office clerks, typists, telephone operators, non-management). Skilled Craft Workers - Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work e. attendants, laundry operators, truck drivers). i g�, auto Operatives (Semi-skilled workers) - Workers who operate machines or processing equipment or perform other factory-type building trades, truck drivers). Laborers require no operators). (Unskilled workers) - Workers in manual occupations which generally special training (e.g., laborers, helpers, car washers, gardeners, elevator Service Workers - Workers in both protective and non-protective service occupations (e.g., police, firefighters, guards, waiters, waitresses, porters). Apprentices/Trainees - Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally considered and apprenticeship, regardless of whether the program is registered with a Federal or State agency). ATTACHMENT "K" C:\DOCUME�1lcgutierrlLOCALS�11TemplXPgrpwiselSection 3.docx Updated 10-20-06 BB Page 1 of 1 Complaint Register Under Section 3 of the Housing And Urban Development Act of 1968 .,_ U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity ��a���� �� �vn�p�a�nant �rerson or organization) Street Address City, State, Zip code „_ ��aa����� �������� �� uus compiamt neing tiled? �varne or organization or company Street Address City, State, Zip code Name and identify others (if any) who violated the law in this case You are (check all that apply) ❑ A. Low/Very low income ❑ B. Public housing resident ❑ C. A representative of A or B Complaint is against (check one or more boxes) ❑ A. Applicant ❑ D. Recipient ❑ B. Sub-Recipient ❑ E. Contractor ❑ C. Subcontractor OMB Approval No. 2529-0043 (Expires 08/31/2007) Home Phone Work Phone Business Phone ❑ D. Section 3 business concern ❑ E. A representative of B ❑ F. Other (please specify Basis for non compliance with Section 3 ❑ Denied Training ❑ Denied Employment ❑ Denied Contracting What did the person you are complaining against do? (Check all that apply — provide documentation) ❑ A. Failed to meet numerical goals, as set out in ❑ F. Failed to incorporate the Section 3 clause in the Section 3 regulations Section 3 solicitations or contracts ❑ B. Failed to ensure that its contractors and ❑ G. Failed to train and/or employ Section 3 subcontractors comply with Section 3 residents ❑ C. Failed to notify Section 3 residents about ❑ H. Failed to award contracts to Section 3 training and/or employment opportunities business concerns ❑ D. Failed to notify Section 3 business concerns ❑ I. Contracted with a contractor found to be in about contracting opportunities violation of applicable statues and/or HUD ❑ E. Failed to noti regulations fy potential contractors for ❑ J. Failed to provide preference to Section 3 Section 3 covered projects of the requirements residents in training and or contracting of Section 3 opportunities. ❑ K. Failed to provide preferences for Section 3 business concerns in contracting 0 ortunities When did the act(s) checked above occur? (Include the most recent date if several dates are involved): Identify HUD assistance program(s). (Check all that apply) ❑ A. PIH/DEV ❑ B. PIH/MOD ❑ C. PIH/OPER ❑ E. 202/811 ❑ D. Other PIH ❑ F. Other Housing ❑ G. CDBG ❑ H. HOME ❑ I. Homelessness ❑ J. Other CPD ❑ K. Lead-based Paint ❑ Other Page 1 of 4 form HUD-958 (3/2004) ATTACHMENT "L" C:\DOCUME�1\cgutierr\LOCALS�1\TemplXPgrpwise\Section 3.docx http://www. hudclips.org/sub_nonhud/cgi/pdfforms/958. pdf Updated 10-20-06 BB Summarize what happened? Attach additional information if necessary Signature: i .��,.i.,.,. . _�__ ._ - .-.-..,..�, v w� 14G1 Nci iaiiy VI �er� Date: inat i nave read this complaint (including any attachments) and that it is true and correct. Page 2 of 4 form HUD-958 (3/2004) ATTACHMENT "L" C:\DOCUME�1\cgutierr\LOCALS�1\TemplXPgrpwise\Section 3.docx http://www,hudclips.orglsub nonhud/cgi/pdfforms/958.pdf Updated 10-20-06 BB Instructions for Complaint Register Section 3 of the Housing And Urban Development Act of 1968 Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The information is given voluntarily and provides the basis for HUD's investigation of the complaint to determine if the allegations of noncompliance are valid. The Department will use the information provided as the basis for its determination ofjurisdiction over a complainant's allegations. All information collected complies with the Privacy Act of 1974 and OMB Circular A-108. The information is not of a sensitive nature. The information is unique to the processing of an allegation of noncompliance with the Section 3 statute or implementing regulations. This form is to be used to report allegations of noncompliance with Section 3 of the Housing and Urban Development Act of 1968, as amended and implementing regulations at 24 CFR Part 135. What Does Section 3 of the Housing and Urban Development Act of 1968 provide? The law describes the HUD programs directly affected by Section 3, receiving Federal financial assistance from the department, and dictates how these programs are to provide employment and other economic opportunities for low and very low income persons. What does the Law Cover? Section 3 applies to any public and Indian Housing programs that receive: (1) developmental assistance pursuant to section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to section 5 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to section 14 of the U.S. Housing Act of 1937 and to housing and community development assistance extended for: (1) housing rehabilitation (including reduction and abatement of lead based paint hazards); (2) housing construction; or (3) other public construction projects; and for which the contract or subcontract amount exceeds $100,000. What Can You Do About Violations of the Law? Remember, Section 3 applies to the awarding ofjobs, training programs, and contracts, generated from projects receiving HUD financial assistance. If you believe that, as a low income person or a Section 3 business concern, the responsibilities to provide economic opportunities under Section 3 have been violated, you have a right to file a complaint within 180 days of the last alleged occurrence of noncompliance. Complain to the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, by filing this form by mail or in person. The information received will be used by HUD to determine jurisdiction under Section 3. HUD will send the complaint to the appropriate HUD recipient for resolution. If resolution by the recipient fails, HUD will investigate. If HUD finds that the complaint has merit, it will try to end the violation by informal resolution. If conciliation fails, HUD may initiate other steps to enforce the law, including but not limited to suspension and debarment of the recipient or contractors as applicable. ATTACHMENT "L" Page 3 of 4 C:\DOCUME�1\cgutierr\LOCALS�1\Temp�XPgrpwise\Section 3.docx Register Instruction Page Complaint Updated 10-20-06 BB HUD-958 (3/2004) Instructions for Complaint Register Section 3 of the Housing And Urban Development Act of 1968 You can obtain assistance in learning about Section 3 or in filing a complaint at the HUD OfFice listed below: Assistant Secretary HUD Fair Housing and Equal Opportunity 451 7cn Street SW Washington, DC 20410 (202)-708-3633 Privacy Act of 1974 (P.L.93-579) Authority: Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1968, as amended by the Housing and Community Development Act of 1992, U.S.C. 1701u and implementing regulations at 24 CFR Part 135. Purpose: The information requested on this form is to be used to investigate and process Section 3 complaints. Use: The information requested will be used to process complaint filed under Part 135. HUD may disclose certain information for Federal, State, and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. Penalty: Failure to provide some or all of the requested information will result in delay or denial of HUD assistance. Disclosure of this information is voluntary. Instructions ATfACHMENT "L" Page 4 of 4 C:\DOCUME�1\cgutierr\LOCALS-1\TempU(pgrpvyise\Section 3.docx Register Instruction Page Updated 10-20-06 BB Complaint HUD-958 (3/2004) TO: FROM: DATE: • � . � E R S • F I E L D CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM Alan Tandy, City Manager Raul Rojas, Public Works Director �j'g� July 30, 2010 SUBJECT: Completion of F-3 Ramp Referral No. 183 �e� 'T �c,����� , n L .. �: _ Vk �� � � �Y ��� . g� �. "'`1"n t � ° . COUNCILMEMBER WEIR REQUESTED THAT STAFF PROVIDE HIM WITH INFORMATION REGARDING THE SECURITY PAVING CONTRACT COMPLETION DATE COMPARED TO THE ACTUAL COMPLETION DATE RELATED TO THE F-3 RAMP AT SR 178 AND FAIRFAX. HE FURTHER REQUESTED THAT SECURITY PAVING BE DIRECTED TO ACCELERATE COMPLETION OF THE PROJECT. Security Paving Construction (SPC) was given 95 working days to complete the work for the F-3 ramp. These working days expired on July 26th. There are some activities such as some fencing, irrigation, and landscaping work which were not part of this change order and additional days will be needed to complete that work; however, this work can be completed after the ramp is open to traffic. The F-3 ramp is expected to be finished in mid-August. SPC completed the AC ramp paving on July 23rd. The concrete barrier at the base of the retaining wall that is on top of this paving is also done. The overhead road sign installation for the "Fairfax Ave" exit sign is being installed on July 30th. The river rock hard-scaping and the highway lighting are activities that should be completed the week of August 2nd. Final striping of the ramp pavement will follow immediately thereafter. SPC understands the urgency for opening the F-3 ramp and has brought a new field superintendent exclusively to finish off this project. G:\GROUPDAT\Referrals�2010\07-21�#lg3_F-3 Ramp_SecurityPaving.docx �:C�I'V�' � � � 2�- ;� B A� E R S F I E L D DEPARTMENT OF RECREATION & PARKS DIANNE HOOVER, DIRECTOR Department of Recreation and Parks Date: July 26, 2010 To: Alan Tandy, City Manager r� � From: Dia�� oover, Director of Recreation 8� Parks Subject: Watering at Patriot's Park Council Referral No. CRMS #182 (Ward 6) Councilmember Sullivan requested that staff review the watering times at Patriot's Park. The summer watering schedule for Patriot's Park is six (6) days a week with times varying from forty (40) minutes for turf areas to fifteen (15) minutes for shrubs between the hours of 10:00 pm and 5:00 am. Patriot's Park as well as other City parks and landscape areas are controlled and monitored by the computerized water conservation system called Maxi-Com. On a daily basis, this computerized system measures temperature, humidity, wind and other factors to determine how much water needs to be used every day. There are occasions when the irrigation system must be shut off due to events occurring in the park the next day. Examples such as; weekend softball tournaments, arts and crafts show, large group gatherings or irrigation breaks. In these situations, staff makes the decision to add water to those specific areas that were stressed during the event, due to the cancelled scheduled watering time. This is us�ally done during the daytime hours so staff can monitor the water use until the damaged area recovers. City of Bakersfield • Department of Recrcation & Parks • 1600 Truxtun Avenue, 3`d Floor Bakersfield • California • 93301 (66 t) 326-386C • Fax (6C 1) 852-2140