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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 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 ~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 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 ~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. 3 o 6 o 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 Page 5 of 15 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 2 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. -2- 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 -3- 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 -4-