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Home My WebLink AboutRES NO 137-86RESOLUTION NO. 137-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPOINTING THE CITY MANAGER TO SERVE AS AGENT AS PRESCRIBED BY THE EMPLOYMENT AND ECONOMIC INCENTIVE ACT OF 1984 AS AMENDED. WHEREAS, the City of Bakersfield and the County of Kern have jointly applied for designation of an area of Southeast Metropol- itan Bakersfield as an "enterprise zone" in accordance with the Employment and Economic Incentive Act of 1984 as amended; and WHEREAS, each applicant is required by the Post Designation Regulations, Employment Incentive Program Section 5244 to desig- nate an agent who has the authority to represent the governing body in all actions connected to the Employment and Economic Incentive Act not specifically requiring an ordinance or a reso- lution; and WHEREAS, in the Final Application for designation under the Employment and Economic Incentive Act it was indicated that the City Manager would serve as Agent for the City of Bakersfield and the Kern County Administrative Officer would serve as Agent for the Kern County Board of Supervisors; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Manager for the City of Bakersfield will serve as agent for the City' Council of the City of Bakersfield and will have the authority to represent the governing body in all actions connected to the act not specifically requiring a resolution or ordinance. 2. This designation shall be reported to the State of California, Department of Commerce for approval as required by the Employment and Economic Incentive Act Post-Designation Regulations, Section 5244. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 10th day of September , 1986, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 10th day of September , 1986 MAYOR of the City of Ba~rsfield APPROVED as to form: CITY ATTDRNEY of the City of Bakersfield 5:R.IA1 Post Designation R !ations, Employment Incen ;e Program 8/8/86 Agent Designation and Approval Section 5244. a. As a condition precedent to the final designation of a program area each final applicant shall designate. and the Department shall approve, an agent. In a program area containing more than one final applicant, each final applicant shall have the opportunity to designate separate or the same agent(s)As used in Sections 5244 through 5252, "final applicant" means any city, county or city and county invited to complete a final application, or any city, county or city and county within a designated are program area. b. The designation of the agent by the final applicant shall be made as specified in the final application to the Department, or by adopted resolution. Agent designations shall be evidenced by a letter mailed to the Department specifying that the final applicant has designated an agent either as specified in the final application, or in a subsequently adopted resolution enclosed with the letter, and if so resolved by final applicant that the agent has the authority to represent the governing body of the final applicant in all actions connected to the Act not specifically requiring a resolution or ordinance. c. Agent designation shall not become effective until letter approving agent designation is mailed by the Department to the final applicant. If the letter approving the designation is mailed prior to the award of final designation, then the approval of the agency shall not become effective until final designation. d. The Department shall approve all agent designations which are made in accordance with subsection (b) above, and which contain the following: 1. A description of the agent, including but not limited to: Agent name, address, and'-telephone number. Whether the agent is a person or entity, and if a person by whom employed, and if an entity whether the entity is a community based non-profit agency, other non-governmental entity, or an agency of the final applicant. A description of the agent's responsibilities which shall include, but are not limited to, those contained in Section 5245 and a statement that agent is or is not the local lgovernment entity for that final applicant. e. The Department shall have fifteen (15) days, from the date of receipt of the final applicant's letter specifying the proposed agent designation, to accept or deny the designation of the agent. A decision by the Department to deny the designation of an agent shall be, evidenced by a letter sent to the final applicant specifying the reasons for denial. The Department's denial of an agent designation is final and without administrative appeal rights. Final applicants shall have the right to send additional letters, proposingithe designation of the same or a different agent, at any time. f. A final applicant that has been granted final designation of a program area has the right to change a designated agent at any time, subject to the approval of the Department. The proposed change becomes effective when the Department mails to the final applicant a letter approving the change. The change of designated agent shall be approved by the Department unless the final applicant fails to comply with the above listed paragraphs (d)(1) through (2) inclusive. g. The Department shall not certify any qualified business within a designated program area lacking a designated agent. The Department shall revoke its agent approval when the agent fails to abide by the responsibilities contained in Section 5245. The approval revocation shall go into effect thirty (30) days after the letter, hereinafter referred to as the "agent revocation letter", is sent by the Department to the final applicant, unless: The final applicant has corrected the problems identified in the agent revocation letter, and written proof of the correction has been received by the Department, or The Department has approved a subsequent agent approval letter, or The final applicant has requested a thirty (30) day extension of the effective date of the revocation. The final applicant shall have the right to one automatic extension. Any further extension shall be granted at the discretion of the Department based upon the Department's finding that the final applicant is making a good faith effort to resolve the problems identified in the agent revocation letter. The agent revocation letter must specify the reasons for the revocation, and the action necessary to prevent the revocation. Note: Authority Cited: Section 7085 (c) Government Code. Reference: Section 7087 Government Code. Agent Responsibilities Section 5245. a. The responsibilities of the agent shall include, but are not limited to: Within sixty (60) days of the date of final designation, and annually thereafter, submit a report covering the twelve month period preceding designation, and every 12 month period thereafter. The form of this annual report shall be as specified in the Department's Annual Report for Cities and Counties with Designated Program Areas, for use in evaluation of the program. Assisting and coordinating the activities described in Government Code Section 7087 (b). Page 2 of 15 3 o Facilitating the certification of qualified businesses, both by assisting businesses and the Department in the certification process. The agent, as the local representative of the designated program area shall explain the certification process to interested businesses, and provide them with all information and assistance required to complete the certification form. In addition, the agent shall assist the Department by answering any question arising in the Department's review of the certification form. This information includes, but is not limited to, the physical verification of a business' address as listed in the certification form. The Department's request for such a verification shall be based upon suspicion of irregularity in the certification. Agent shall respond to requests from a business or the Department within ten (10) working days unless the agent has a reasonable cause for delaying the request, in which case the response shall be made in no less than twenty (20) working days. 4 o Maintaining a list of qualified community service programs, and assisting in the approval of those programs as specified in Section 5247. b. Agent, or the agent's representative shall be available during working hours, Monday through Friday, 9:00 AM to 5:00 PM. The agent's name, address, and telephone number must be publicly listed and accessible. Note: Authority Cited: Section 7085 (c) Government Code. Reference: Section 7087 Government Code. Community Advisory Council Activities and Responsibilities Section 5246. As a condition precedent to final desi'gnationo and contained in the conditional designation document, the Government Code Section 7087 community advisory council (referred to in Section 5246 through 5250, inclusive, as "CAC") shall comply with Section 5225 (c). Note: Authority Cited: Section 7085 (c) Government Code. Reference: Section 7087 Government Code. Standards and Procedures for Approval of Qualified Community Service Programs Section 5247. ~-~a. The term "local government entity" as used in Section 5247 ~ through 5252, means the city council, county board of supervisors,I or their agent, designated in accordance with Section 5245. ~1 ' Page 3 of 15