HomeMy WebLinkAboutRES NO 135-96RESOLUTION NO. 135-86
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING THE STANDARDS
AND PROCEDURES FOR QUALIFICATION OF
COMMUNITY SERVICE PROGRAMS 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 "enterprise zone" in accor-
dance with the Employment and Economic Incentive Act of 1984 as
amended; and
WHEREAS, conditional designation under the referenced
legislation requires the Community Advisory Council to adopt
standards and procedures for soliciting qualified Community Serv-
ice Programs (QCSP's); and
WHEREAS, the Community Advisory Council did adopt the
required standards and procedures at their regularly scheduled
meeting of August 14, 1986; and
WHEREAS, conditional designation under the reference legisla-
tion required adoption of these standards and procedures by the
City Council of the City of Bakersfield and the Board of
Supervisors of the County of Kern; and
WHEREAS, it is the desire of this body to assist in the revi-
talization of Southeast Metropolitan Bakersfield through designa-
tion as an "enterprise zone".
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
DOES HEREBY RESOLVE AS FOLLOWS:
1. The standards used in determining the qualification of a
community service program as adopted by the Community Advisory
Council are approved and adopted.
2. The procedures established by the Community Advisory
Council in accordance with California Department of Commerce
guidelines for determining a Qualified Community Service Program
are approved and adopted.
3. The California Department of Commerce will be notified
of this action as part of meeting one of the required conditions
For designation of an "enterprise zone".
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 ]0th 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 Sept~nber ,
MAYOR of the City of ~akersfield
1986
APPROVED as to form:
~ITY~ATTORNEY of the City of Bakersfield
5:R.IA2
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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 ~he Department within ten (10)
working days unless the agen~ has a reasonable cause for
delaying the request, in which case the response shall be
made in no less than twenty (20) working daysl
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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 ~hrough Friday, 9:00 AM to 5:00 PM. The
agent's name, address, and telephone number must be publicly listed
and accessible.
No~e: 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 5~47 ~
through 5252, means the city council, county board of supervisors.I
or their agent, designated in accordance with Section 5245. ~/~
Page 3 of 15
b. T~he. CAC and the local government entity shall adopt standard8
a~d proce---~ure~--f~r approving qualified community service programs
(hereinafter referred to as "QCSP") as specified in Government Code
Section 7082 (h)(2)(B). The term "set up" as used in Government
Code Section 7082 (h)(2)(B) is defined as contributing a specified
amount of funds or assistance to a program approved by the CAC and
the local government entity. The standards and procedures for
approving QCSP (hereinafter referred to as "QCSP approval standards
and procedures',) must be adopted by both the CAC and the local
government entity and subsequently approved by the Department as a
condition precedent to final designation of the program area.
c. Standards for the CAC's and local government entity's review of
QCSP shall include, at a minimum, the standards listed below in 1)
through 7), inclusive. These standards shall be adopted by the CAC
and the local government:
A QCSP must comply with each of the standards adopted by the CAC and
the local government entity prior to obtaining approval, and no QCSP
shall be denied approval which complies with the QCSP approval
standards. Approval of a QCSP in no way constitutes an endorsement
of the program by the CAC, agent, final applicant, or the
Department, and is only a determination that the QCSP meets the
standards of this section as adopted.
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The QCSP shall be a public entity or nonprofit
corporation. As used in this Section "public entity.. means
an entity of the federal, state, or local government. As
used in this Section "nonprofit corporation" means a
corporation with federal and or California not-for-profit
standing.
The QCSP's service delivery area prominently includes the
HDUA. "Prominently,. as used in this Section, means that a
minimum of fifty percent (50%) of donated funds or
assistance from a qualified business could reasonably be
expected to benefit residents-of an HDUA.
The primary purpose of the QCSP meets the definition of
community service contained in Section 5200 (i).
The QCSP is in existence and providing services to the
public as of the date of approval of the QCSP by the CAC.
The QCSP does not discriminate in the hiring or providing
of services based upon sex, race, religion, sexual
preference, national heritage, or any other basis
prohibited by federal, state, or local law or ordinance.
The QCSPs goals are consistent with the goals of the Act.
The QCSP has not been found ineligible for federal, state,
or local support through a formal administrative or legal
proceeding.
Page 4 of 15
d. The CAC and local government entity shall have the opportunity
to change the standards at any time the subsequently adopted
standards shall be approved consistent with the Subsection b. above,
procedure and Subsection C above minimum standards. The new
standards go into effect immediately upon approval by the
Department. Programs approved by the earlier standards shall not be
subject to the change in standards which shall only be applied to
programs requesting QCSP approval subsequent to the approval by the
Department of the new standards.
QCSP Status
Section 5248
a. Procedures adopted by the CAC and the local government entity
for reviewing requests for QCSP status shall include, at a minimum,
the procedures listed below in 1) through ~), inclusive:
1. Any business, program or individual residing or operating
in a designated program area or an HDUA shall have the
right to request that a program be considered for QCSP
status. This shall include requests by CAC members.
2. A request for QCSP status shall be made to the agent, in
writing, and shall be received at least fifteen (15) days
prior to the regularly scheduled CAC meeting at which such
request will be heard. The form of the written request
shall provide sufficient detail to enable the agent or CAC
to determine whether the program meets the QCS? standards.
3. The agent shall send to the party requesting that a program
be granted QCSP status, and the program itself, written
notice of the CAC meeting a minimum or seven (7) days prior
to the meeting The written notice shall specify that the
program is being reveiwed for QCSP status, describe the Act
and the benefits which may accrue to being approved as a
QCSP, and specify the time and place where the meeting will
occur.
4. The CAC shall review the requ-est for QCSP status and shall
approve all requests complying with the QCSP approval
standards and procedures. The agent shall attend all CAC
meetings where QCSP requests are being considered and, if a
request is denied, the agent shall mail, within ten (10)
days from the date of the meeting, notice of the program
denial. This notice shall be mailed to every person or
entity entitled to receive notice of the meeting as
specified in 3) above and shall specify the CAC's reasons
for denial and the right to appeal the decision of the CAC
to the Department.
5. ~ Any QCSP request approved by the CAC shall automatically be
approved by the local government entity unless the local
government entity makes written findings either by
resolution or by written determination, as appropriate,
disapproving the request and stating why the program does
not comply with the QCSP approval standards and or
procedures. In the event the agent has not been designated
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as the local government entity's representative for purposes of the
Act, the agent ~hall attend all local government entity meetings
where QCSP requests are being considered and, if a request is
denied, the agent shall send written notice, within ten (10) working
days of the local government entity's denial. This notice shall be
mailed to every person or entity entitled to receive notice of the
meeting as specified in 3) above and shall specify the local
government entity's reasons for denial and the right to appeal the
decision of the local government entity to the Department.
b. The Department shall review the QCSP approval procedures and
standards to ensure that the standards and procedures comply with
the standards and procedures set forth in this Section, and that the
standards and procedures were approved by both the CAC and the local
government entity. The Department shall approve or deny the QCSP
approval standards and procedures, and mail copies of the decision
to the CAC and the local government entity. The decision of the
Department is final, and without administrative appeal.
c. In the event a program is approved by both the CAC and the local
government entity, the program's QCSP status shall be effective ten
(10) working days after written notice of the QCSP approval is
received by the Department from the agent.
d. In the event a program is denied by either the CAC or the local
government entity, appeal to the Department must be received in
writing by the Department within forty-five (45) days, commencing on
the date when the agent mailed the notice of program disapproval as
described in the above subsection (d). The appeal shall be made by
either the administrator of the program denied approval, or by the
business requesting program approval as a part of a qualified
business certification or recertification.
e. The Department shall decide all program denial appeals within
thirty (30) days, measured form the date the appeal is received by
the Department to the date the appeal ~.ecision is mailed to
appellant. The appeal decision shall be based solely upon whether
the request for QCSP status complied with the standards and
procedures for that designated program area. A Department appeal
denial is final, and without fur%her administrative remedies.
f. The agent shall represent the actions and interests of the CAC
and the local government entity in appeal proceedings under this
act, and the agent shall provide the Department with all information
concerning CAC and local government entity actions.
g. QCSP status extends for the duration of the designation period
unless a written request to remove QCSP status is received by the
agent. The written request must contain documentation that the
program complies with the QCSP approval procedures and or standards
for that program area. If the agent receives such a request and
finds, based upon the, information in the request that there is
reason to believe the QCSP no longer meets the qualifications for
Page 6 of 15
approval, a hearing for QCSP revocation will be held within ninety
(90) days from the date the written request is received. This
hearing shall either be a regularly scheduled CAC meeting, or a
meeting convened specifically to determine the QCSP revocation. A
disapproval hearing shall not be conducted for any program more
often than once every 12 months. A program denied QCSP status
initially, or originally approved and subsequently revoked, shall
have the opportunity to reapply no sooner than 12 months following
the CAC or local government entity denial or revocation.
h. Written notice of QCSP revocation hearing shall, at a minimum, be
mailed by the agent to the person or entity requesting the hearing,
to the QCSP, and to any business utilizing the QCSP for qualified
business status, as specified in Government Code Section 7082 h) 2)
B) (hereinafter referred to as "the qualified business QCSP"). The
written notice must be mailed a minimum of ten (10) working days
prior to the date of the hearing. Failure to abide by this time
requirement constitutes grounds for revocation appeal to the
Department by either a business relying upon the program as its
qualified business QCSP, or the revoked QCSP. The appeal shall be
made within 45 days from the date the QCSP or qualified business
receives notice explaining both the revocation and appeal rights.
The QCSP revocation shall not go into effect until the above
described appeal time limits have expired, or until written notice
of revocation has been mailed to the QCSP. Notice shall be mailed
after the appeal has been denied, or time period expires, whichever
occurs later. The Department shall have 30 days to decide all
appeals, measured from the date the appeal is received, to the date
the appeal decision is mailed to the QCSP. The appeal shall be
decided solely upon whether the QCSP complies with the QCSP approval
procedures.
i. Within thirty 30 days from the date'the QCSP revocation becomes
effective, the Department shall mail to all qualified businesses
relying upon the revoked QCSP as their qualified business QCSP,
notice that the program no longer has QCSP status, and that they
have 90 days to select another QCSP. ~he business must notify the
Department within the 90 day period, specifying the name of the new
QCSP. Businesses failing to comply with this requirement, within
the specified time frame, shall be sent a notice of decertification,
specifying the reasons for decertification and the effective date of
that decertification. The decertification shall become effective on
the date the decertification letter is mailed to the business.
j. The CAC and local government entity shall have the opportunity to
change the procedures at any time the subsequently adopted
procedures shall be approved consistent with the Subsection b.
above, procedure and Subsection C above minimum procedures. The new
procedures go into effect immediately upon approval by the
Department. Programs approved by the earlier procedures shall not
be subject to the change in procedures which shall only be applied
to programs requesting QCSP approval subsequen~ ~o the approval by
the Department of the new procedures.
Page 7 of 15
STANDARDS FOR QUALIFICATION OF
COMMUNITY SERVICE PROGRAMS
Standards have been adopted by the CAC to be used as the basis for
approving Qualified Community Service Programs (hereinafter "QCSP") as
specified in Government Code Section 7082 (h) (2) (B). these stan-
dards will be applied to all Community Service Programs who apply for
qualification and,subsequently, expect funds from fees paid by
Qualified Businesses under Section 5252 of Post Designation
Regulations, Employment and Economic Incentive Act of 1984.
A QCSP must comply with each of the standards adopted by the CAC
prior to obtaining approval, and no QCSP shall be denied approval when
it complies with the QCSP approval standards. Approval of a QCSP in
no way constitutes an endorsement of the program by the CAC, or its
members, and is only a determination that the QCSP meets the standards
of this section as adopted.
The adopted standards are:
The QCSP shall be a public entity or nonprofit corporation.
As used in this Section "public entity" means an entity of
the federal, state, or local government. As used in this
Section "nonprofit corporation" means a Public Benefit
Corporation with federal not-for-profit standing under IRS
Code Section 501 (c) (3)
No Board Member or employee of the public entity shall derive
any financial benefit from activity funded through fees paid
by qualified businesses under Section 5252 of Post
Designation Regulations, Employment and Economic Incentive
act of 1984.
The QCSP's service delivery area prominently includes the
HDUA. "Prominently", as used in this Section, means that a
minimum of seventy-five percent (75%) of donated funds or
assistance from a qualified business could reasonably be
expected to benefit residents of an HDUA.
The primary purpose of the QCSP includes any of the
following:
a. Emergency Service
b. Counseling and Advice
c. Medical Care
d. Instructional Services
e. Recreation Programs and Facilities
f. Day Care Programs/Pre-School Programs
The QCSP is in existence and providing services for the public
as of the date of approval of the QCSP by the CAC and,
further, the sponsoring agency shall have been in existence
for one complete fiscal year prior to application for quali-
fication.
The QCSP does not discriminate in the hiring or providing of
services based upon sex, race, religion, sexual preference,
national heritage, or any other basis prohibited by federal,
state, or local law or ordinance.
The QCSP's goals are consistent with the goals of the Act.
The QCSP has not been found ineligible for federal, state, or
local support through a formal administrative or legal pro-
ceeding.
The CAC shall have the opportunity to change the standards at any
time the subsequently adopted standards shall be approved consistent
with Government Code Section 7082 (h) (2) (B) and mandated state mini-
mum standards. The new standards go into effect immediately upon
approval by the State of California Department of Commerce. Programs
approved by the earlier standards shall not be subject to the change
in standards which shall only be applied to programs requesting QCSP
approval subsequent to the approval by the Department of the new stan-
dards.
5:QCSP.1
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FORM A
DATE SUBMITTED:
AGENCY NAME:
ADDRESS:
APPLICATION FOR
QUALIFIED COMMUNITY SERVICE PROGRAM
EMPLOYMENT AND ECONOMIC INCENTIVE ACT
CONTACT PERSON:
ADDRESS:
PHONE #:
FISCAL YEAR:
DATE OF AGENCY INFORMATION:
DATE OF IRS 5Olc3 DETERMINATION:
FRANCHISE TAX BOARD EXEMPTION DATE:
AREA SERVED BY AGENCY' CURRENTLY:
AREA PROPOSED FOR SERVICE:
LOCATION OF FACILITY:
OBJECTIVE OF PROPOSED PROGRAM:
Attach:
3.
4.
5.
6.
7.
Articles of Incorporation
Bylaws
Copy of IRS 5OIC3 Exemption
Certification of Non-Conflict of Interest
Resolution Authorizing Application
Proposed or Actual Program Budget
Names and Addresses of Board of Directors
This is to certify that the information provided in this
application is true and correct to the best of my knowledge.
Authorized Signator
FORM B
REPORTING FORM
AGENCY PROGRAM
INFORMATION
SERVICE TO NDUA
AGENCY TOTAL COST OF PROGRAMS
TOTAL CLIENTS
CLIENTS RESIDING IN HDUA
TOTAL PER CLIENT COST
TOTAL UNIT OF SERVICE
Fiscal Year
This to certify that the information provided herein is true and
accurate to the best of my knowledge.
Authorized Signator
PROCEDURES FOR REVIEWING REQUESTS FOR
QUALIFIED COMMUNITY SERVICE PROGRAM STATUS
tus
Procedures adopted by the CAC for reviewing requests for QCSP sta-
include, the procedures listed below in 1) through 5), inclusive:
Any business, program or individual residing or operating in
a designated program area or an HDUA shall have the right to
request that a program be considered for QCSP status. This
shall include requests by CAC members.
A request for QCSP status shall be made to the agent, in
writing, and shall be received at least fifteen (15) days
prior to the regularly scheduled CAC meeting at which such
request will be heard. The form of the written request shall
provide sufficient detail to enable the agent or CAC to
determine whether the program meets the QCSP standards. All
adopted applicable forms will be used.
The agent shall send to the party requesting that a program
be granted QCSP status, and the program itself, written
notice of the CAC meeting a minimum or seven (7) days prior
to the meeting. The written notice shall specify that the
program is being reviewed for QCSP status, describe the Act
and the benefits which may accrue to being approved as a
QCSP, and specify the time and place where the meeting will
occur.
The CAC shall review the request for QCSP status and shall
approve all requests complying with the QCSP approval stan-
dards and procedures. The agent shall attend all CAC meet-
ings where QCSP requests are being considered and, if a
request is denied, the agent shall mail, within ten (10) days
from the date of the meeting, notice of the program denial.
This notice shall be mailed to every person or entity enti-
tled to receive notice of the meeting as specified in 3)
above and shall specify the CAC's reasons for denial and the
right to appeal the decision of the CAC to the State
Department of Commerce.
a. Any QCSP request approved by the CAC shall automatically
be approved by the local government entity unless the local
government entity makes written findings either by resolution
or by written determination, as appropriate, disapproving the
request and stating why the program does not comply with the
QCSP approval standards and/or procedures. In the event the
agent has not been designated, as the local government enti-
ty's representative for purposes of the Act, the agent shall
attend all local government entity meetings where QCSP
requests are being considered and, if a request is denied,
the agent shall send written notice, within ten (10) working
days of the local government entity's denial. This notice
shall be mailed to every person or entity entitled to receive
notice of the meeting as specified in 3) above and shall spe-
cify the local government entity's reasons for denial and the
right to appeal the decision of the local government entity
to the State Department of Commerce.
b. The State Department of Commerce shall review the QCSP
approval procedures and standards to ensure that the State's
standards and procedures comply with the standards and proce-
dures and that the standards and procedures were approved by
both the CAC and the local government entity. The Department
shall approve or deny the QCSP approval standards and proce-
dures, and mail copies of the decision to the CAC and the
local government entity. The decision of the Department is
final and without administrative appeal.
c. In the event a program is approved by both the CAC and
the local government entity, the program's QCSP status shall
be effective ten (10) working days after written notice of
the QCSP approval is received by the State Department of
Commerce from the agent.
d. In the event a program is denied by either the CAC or the
local government entity, appeal to the State Department of
Commerce must be received in writing by the Department within
forty-five (45) days, commencing on the date when the agent
mailed the notice of program disapproval as described in the
above subsection (a). The appeal shall be made by either the
administrator of the program denied approval, or by the busi-
ness requesting program approval as a part of a qualified
business certification or recertification.
e. The State Department of Commerce shall decide all program
denial appeals within thirty (30) days, measured form the
date and appeal is received by the Department to the date the
appeal decision is mailed to appellant. The appeal decision
shall be based solely upon whether the request for QCSP sta-
tus complied with the standards and procedures for that des-
ignated program area. A Department appeal denial is final,
and without further administrative remedies.
f. The agent shall represent the actions and interests of
the CAC and the local government entity in appeal proceedings
under this act, and the agent shall provide the State
Department of Commerce with all information concerning CAC
and local government entity actions.
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g. QCSP status extends for the duration of the designation
period unless a written request to remove QCSP status is
received by the agent. The written request must contain docu-
mentation that the program does not comply with the QCSP
approval procedures and/or standards for the program area.
If the agent receives such a request and finds, based upon
the information in the request that there is reason to
believe the QCSP no longer meets the qualifications for
approval, a hearing for QCSP revocation will be held within
ninety (90) days from the date the written request is
received. This hearing shall either be a regularly scheduled
CAC meeting, or a meeting convened specifically to determine
the QCSP revocation. A disapproval hearing shall not be con-
ducted for any program more often than once every 12 months.
A program denied QCSP status initially, or originally
approved and subsequently revoked, shall have the opportunity
to reapply no sooner than 12 months following the CAC or
local government entity denial or revocation.
h. Written notice of QCSP revocation hearing shall, at a
minimum be mailed by the agent to the person or entity
requesting the hearing, to the QCSP, and to any business uti-
lizing the QCSP for qualified business status, as specified
in Government Code Section 7082 (h) (2) (B) (hereinafter
referred to as "the qualified business QCSP"). The written
notice must be mailed a minimum of ten (10) working days
prior to the date of the hearing. Failure to abide by this
time requirement constitutes grounds for revocation appeal to
the Department by either a business relying upon the program
as its qualified business QCSP, or the revoked QCSP. The
appeal shall be made within 45 days from the date the QCSP or
qualified business receives notice explaining both the revo-
cation and appeal rights. The QCSP revocation shall not go
into effect until the above described appeal time limits have
expired, or until written notice of revocation has been
mailed to the QCSP. Notice shall be mailed after the appeal
has been denied, or time period expires, whichever occurs
later. The Department shall have 30 days to decide all
appeals, measured from the date the appeal is received, to
the date the appeal decision is mailed to the QCSP. The
appeal shall be decided solely upon whether the QCSP complies
with the QCSP approval procedures.
i. Within thirty (30) days from the date the QCSP revocation
becomes effective, the Department shall mail to all qualified
business relying upon the revoked QCSP as their qualified
business QCSP, notice that the program no longer has QCSP
status, and that they have 90 days to select another QCSP.
The business must notify the Department within the 90 day
period, specifying the name of the new QCSP. Businesses
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failing to comply with this requirement, within the specified
time frame, shall be sent a notice of decertification, speci-
fying the reasons for decertificaiton and the effective date
of that decertification. The decertification shall become
effective on the date the decertification letter is mailed to
the business~
j. The CAC and local government entity shall have the oppor-
tunity to change the procedures at any time the subsequently
adopted procedures shall be approved consistent with
Government Code Section 7082 (h) (2) (B) and state mandated
minimum standards. The new procedures go into effect immedi-
ately upon approval by the Department. Programs approved by
the earlier procedures shall not be subject to the change in
procedures which shall only be applied to programs requesting
QCSP approval subsequent to the approval by the Department of
the new procedures.
5:QCSP.3
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