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HomeMy WebLinkAbout04/08/1996 B A K E R S F I E L D Patricia J. DeMond, Chair Irma Carson Kevin McDermott Staff: Dolores Teubner AGENDA BUDGET AND FINANCE COMMITTEE Monday, April 8, 1996 12:15 p.m. City Manager's Conference Room Second.Floor -City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MARCH 11, 1996 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. ESTABLISHMENT OF STATE AS LEA - R. Rojas 6. NEW BUSINESS A. ADVANCED RECORDS TECHNOLOGY, INC. AGREEMENT -Wager B. PROPOSED FY 96-97 CDBG CONSOLIDATED PLAN - Wager C. LOCAL PREFERENCE BID POLICY - Klimko D. TRAFFIC PREEMPTION sYSTEM - Kelly E. FUNDING THE REFERRAL ASSISTANCE NETWORK OF KERN (RANK) - Wager 7. ADJOURNMENT DBT:jp BAKERSFIELD ~~ffZ~ ~~~,c~ Patricia J. DeMond, Chair ~a'*an Tandy, City Manager Irma Carson ./Staff: Dolores Teubner Kevin McDermott AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, March 11, 1996 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:25 p.m. Present: Councilmembers Patricia J. DeMond, Chair; Irma Carson and Kevin McDermott 2. APPROVAL OF TIlE FEBRUARY 5, 1996 MINUTES Approved as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. VALLEY COMMUNITIES WATER PROJECT Staff' presented the compromise plan to the Committee which allows for reimbursement of the requested funds to VCI while still providing for funding to protect the City against any AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, March 11, 1996 Page -2- possible future compliance mandates from the State. A representative of VCI was present at the meeting and concurred that the revised agreement was satisfactory to them. The Committee voted unanimously to recommend the revised agreement between the City and VCI. B. INDUSTRIAL DEVELOPMENT BONDS POLICY Staff presented a draf~ policy to the Committee on offerings and issuance of Industrial Development Bonds (IDB's) by the City. The Committee asked that the policy include a minimum financing amount in order for a project to be eligible for IDB's. In addition, the Committee asked that the terms and conditions included in the policy be rearranged so that the General Fund is not at risk, that the project be self-supporting and have at least a BBB rating. Finally it was proposed that the IDB Policy refer to the City's Master Fee Schedule for setting. The fee is proposed to be $10,000 which will be collected up front and will be non-refundable plus 2/I 0 of 1% of the bond principal to be collected once bonds are issued. Staffwas directed to make the specified changes and proceed with putting this item on the March 20 Council meeting. 6. NEW BUSINESS A. ESTABLISHMENT OF CITY LOCAL ENFORCEMENT AGENCY The City Attorney began the presentation by clarifying that the issue in question was whether or not the City would discontinue use of the County as the LEA and not the Panorama landfill litigation. Public Works staff then proceeded to lay out the options the City has which are to stay with the County, discontinue use of the County LEA and work directly with the State or form a City LEA. Staff'indicated that dealing with the County LEA had caused significant delay in proceeding with the cleanup and closure of the landfill because the County, as a middleman, is not responding to the City quickly. Further, since the State is the main regulatory body, the County is only adding another layer of bureaucracy. In addition, staff indicated that by going directly to the State, the City might qualify for an expedited remediation program which would speed up the plan review process significantly. Several Panorama residents were present and indicated their concerns with how slowly the remediation process seemed to be going. Residents further stated that the perception was that if the County is no longer the LEA, that the residents on Panorama would have no representation in the matter. The Committee indicated, however, that since the LEA is an independent regulatory agency that elected representation has no impact on the process. The Committee directed staff to research the cost differentials between the County and State LEA options and what the County's delays have cost the City. Staffwas asked to find out AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, March 11, 1996 Page -3- the itemized cost for the service provided by the County. Also, staff.was asked to check with other cities that had independent LEA's about what their reasons had been for the move away fi.om their respective Counties. The Committee took no action and directed staff.to address all of the issues raised and bring this issue back to the April 8 Budget and Finance meeting. 7. ADJOURNMENT The meeting was adjourned at 1:18 p.m. cc: Honorable Mayor and City Council BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: RAUL ROJAS, PUBLIC WORKS DIRECTOR .OWA O souo DATE: April 5, 1996 SUBJECT: REVIEW AND ANALYSIS OF WITHDRAWING DESIGNATION FROM KERN COUNTY ENVIRONMENTAL HEALTH SERVICES DEPARTMENT LOCAL ENFORCEMENT AGENCY Per previous discussions, the City can withdraw the County LEA's designation and utilize services from California Waste Board staff for its solid waste enforcement and inspection needs, albeit at a higher cost. The State charges $85.37 per hour, plus per diem, travel and lodging. This option, therefore, cannot be justified if based purely on short term costs. Also. questions have been raised as to whether the City can form an LEA, in-house, and remain "independent" enough to remediate the historic burn dump at the inactive Bakersfield Sanitary Landfill (BSL). These questions can now be laid to rest, however, because the City is pursuing an application with the State Department of Toxic Substances Control (DTSC) to enter their Expedited Program. DTSC will become the sole regulatory agency for addressing health-related concerns over burned ash materials in the backyards of homes along Panorama Drive. Toxicologists for DTSC have already begun their review period of data available. As to standard LEA functions, the issue is lack of responsiveness and clear direction provided by the Coun .ty LEA. Cost-efficiency and effectiveness of either the State or an in- house LEA is therefore the subject of this report. The Budget and Finance Committee meeting of March llth asked the following questions: * Are cities that have their own LEA larger or smaller? Why have other cities fired their county LEA'? ** Can the lack of responsiveness and clear direction be quantified, as an offset to the higher per hour costs charged by the State Waste Board? Can the City provide these services more cost-efficiently with an in-house program? * Five (5) cities have formed their own LEA and one (Paso Robles), has the State provide those services. The cities range in population size from the largest to the smallest in the State: City Population County ~ 1. Los Angeles 3,607,700 Los Angeles 2. San Jose 822,000 Santa Clara 3. West Covina 98,200 Los Angeles 4. Pittsburg 50,400 Contra Costa 5. Paso Robles 20,800 Paso Robles 6. Vernon 82 Los Angeles 1. For Los Angeles, the decision to form an LEA in-house was based on '2 factors: (a) There is a long history between the County and the City over landfills where they have sued each other. The Council was, therefore, wary of giving that control to the County, and expressed disbelief in the LEA's stated independence of the Board. (b) The Council also wanted better service, which the City could provide, and the County could not. When the County had the shared LEA responsibility, a priority listing often left the City with fewer inspections and slower turn- arounds for their projects. 2. San Jose based their decision primarily on the scope of work and population. San Jose has a large population, several landfills, and land area that comprises 52% of Santa Clara county. A City-based LEA was considered to be a practical method of expediting turn-around times for projects. 3. West Covina's decision was based strictly on the desire of the City Council to give their citizens control over their own destiny. West Covina hosts a 583 acre "mega- landfill" that is the third largest in the nation. (By contrast, BSL has 132 acres.) Also, the privately-operated BKK Landfill accepted Class I hazardous waste, from as far west as Guam, and as far east as Florida. It no longer accepts hazardous waste but it continues to operate as a municipal solid waste landfill for cities and counties throughout Southern California. 4. Pittsburg wanted to site their own transfer station. The County had already sued them and received "tacit" support from the LEA. The City formed their own LEA in order to develop the type of expertise they felt the County LEA lacked, and to develop a clear and consistent interpretation of State regulations, since the County LEA continuously changed the rules. 5. Paso Robles decided to raise the rates at their City-owned landfill, in order to keep the trash fee low. This decision was challenged by a competing landfill operator who sued the City. The County and ~he LEA supported the suit, against the City. The City then fired the LEA in order to protect its own interests, and ultimately won. In Chicaeo Grade Landfill v. City of El Paso de Robles, Superior Court Judge Coffee ruled in February 1995, that the City did not violate CEQA; did not violate its own General Plan policy to ensure adequate landfill capacity; and, most significantly, did not violate the PRC section which prohibits landfill operators from making a significant change without first obtaining permission from its LEA. 6. Vernon formed its own LEA in order to provide quicker turn-around times for projects and more frequent inspections. Interestingly, Vernon was unable to form an LEA, at first, because it has no facilities. When the rules were changed to allow a City to form an LEA "in order to propose" a facility, they decided to propose building a MRF. Vernon has not yet attempted to build the MRF. ** Can the lack of responsiveness and clear direction be quantified, as an offset to the higher per hour costs charged by the State Waste Board? At the Budget and Fiance Committee meeting, staff noted that the LEA's Notice and Order is making the City re-map, re-test; to basically start from zero again. A significant and · unnecessary delay. The Notice could have been issued in October 1995. Had it been sent then, staff's response would have been prepared before March 1st, the date the Order was delivered. The City has experienced other delays and problems, outside of the Bakersfield Landfill.' As shown on the attached May 15, 1995 letter, the LEA led the City to believe that the City's application for a permit for the Mt. Vernon Recycling Facility would be processed within a few months. During the week of March 25, 1996, however, the LEA informed the City that a new "Standardized Permit Application" would have to be completed. The option to utilize the services of the State, therefore, is problematical. The option is being used by the City of Paso Robles. Richard Ramirez. City Manager. concedes this is a more expensive option in the short term. However, the trade-off, according to Mr. Ramirez, has been the degree of professionalism and responsiveness to City needs, which he describes as "excellent". Moreover. Mr. Ramirez believes the County LEA worked against the City, and in behalf of County interests. Contrary to the stated purpose of the LEA, it did not behave as an "independent" agency. This complaint appears to be shared by other cities contacted. Ultimately, the State option might be effective in eliminating some delays and in providing clearer direction. In the long run. however, it appears that the City would be better served to form its own LEA, especially given the population size and land area. Funding mechanisms available to an in-house LEA It is difficult to quantify expenditures for LEA functions within the city because the County LEA does not always breakdown costs by project, nor does it delineate shared expenses for County/City regulatory inspections and oversight required at BSL. However, LEA expenditures can generally be estimated as follows: BSL inspections and oversight $30,500 City truck inspections (,? $250 per truck per year 7,750 Kern Refuse truck inspections 10,000 Mt. Vernon Recycling Facili .ty inspections 8,000 Expenditures per year $56,250 Funding for LEAs is traditionally provided bv landfill tipping fees, though there are other methods being employed around the State: 1. "Tipping" or gate fee. Of the $29 per ton charged at the gate at county area landfills, and the $57 per year charged to residential customers for landfilling services, it is assumed that a certain portion is used to pay the LEA. It would be logical to ask for a corresponding reduction or reimbursement from that amount to fund an in-house program, given that the County LEA's program would have a drop in service. This argument would likely be decided in court. 2. LEA permitting licensing fee. Any facility within city limits requiring a Solid Waste Facility Permit can be assessed a fee per ton to cover LEA costs. However, the only active facility at this time is the Mt. Vernon Recycling Center. And, it does not charge any gate fees. Mt. Vernon is funded through the trash fee only. If solid waste facilities, such as transfer stations or Material Recovery Facilities, are constructed in the future, a per ton fee could be charged. For the current issue, however, this mechanism is not available. 3. Refuse lien program. Any city or county with mandatory collection can collect LEA "processing fees" against those customers who generate trash without paying. Customers would be given whatever time Council deems reasonable in an ordinance, say 30 days, to pay their bill. If customers do not pay at the end of 30 days, a lien would be placed against the property. Cities and counties with mandatory collection do not have to respond to nuisance or health and safety related complaints in order to require customers to pay their bills. 4. Refuse vehicle inspections. The County LEA charges $250 per trash truck per year for inspections, as noted above. 5. Assistance grants. The State Waste Board offers grants to LEAs to help supplement their expenses. These "assistance" grants are not considered a fixed income source but are intended, instead, to make one-time purchases of equipment and supplies. These grants are offered every year but are generally for small dollar amounts. 6. Site cleanup grant funding. This funding is intended to clean up large illegal dump sites. City staff developed a grant to clean up the site along Cottonwood Road, between Panama and Di Giorgio but it had to be submitted by the LEA. More such cleanups would be possible with an in-house LEA. HM:hm c: Kevin Barnes. Solid Waste Director I.EA cost.mem BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR DATE: February 15, 1996 SUBJECT: BACKGROUND ON SERVICES PROVIDED BY THE KERN COUNTY ENVIRONMENTAL HEALTH SERVICES DEPARTMENT LOCAL ENFORCEMENT AGENCY At their meeting of March 11, 1992, the City Council adopted Resolution #3%92 (attached), designating the Kern County Local Enforcement Agency (KCLEA) for its enforcement, inspection and permitting needs for solid waste facilities. The purpose of the Local Enforcement Agency is to enforce regulations adopted by the California Integrated Waste Management Board (CIWMB). Duties are described by the 4 different certifications issued for an LEA, including: (1) TYPE "A" Solid waste facilities, i.e., active and inactive landfills. The LEA conducts inspections of landfills to check compliance with applicable state and local standards, or terms and conditions of the permit. Operational violations are covered under 14 CCR Division 7, Chapter 3 and Division 30 of the Public Resources Code (PRC). The LEA also responds to emergency violations, i.e., those which represent an imminent threat to public health, safety or the environment, pursuant to Part 5, Division 30 of the PRC. LEA is also responsible for enforcing closure and postclosure regulations pursuant to PRC Division 30. Part 4, Chapter 2, Articles 3 and 4, Part 5, and 14 CCR Division 7, Chapters 3 and 5. For the Bakersfield Sanitary Landfill, closure includes the landfill gas control system recently installed, soil remediation project under consideration, continuous grading of the fill to mitigate subsidence, and installation of the final cap to prevent water intrusion. Postclosure pertains to the use of the landfill property, such as golf course or park. that will not be counterproductive to closure maintenance activities. That is, if a use of the landfill causes water to pond and erode the protective cap that was installed, the LEA would reject that proposed use. (2) TYPE "B" Solid waste transformation facilities. An example is a waste-to- energy plant because it takes solid waste and transforms it to energy. The LEA provides permitting, inspection and enforcement of regulations, in particular to burning solid waste. Heavy metals are not destructed in the incineration process, and because all other materials are burned away, the relative toxicity of the remaining ash is increased. Also, a byproduct of burning solid waste is dioxins which are considered carcinogenic. There are no transformation facilities existing in Bakersfield; therefore, this certification is not currently needed. (3) TYPE "C" Transfer and processing stations, materials and recovery facilities (MRFs), and composting facilities. There is one composting facility, i.e., the Mt. Vernon Recycling Center, but there are currently no transfer stations or MRFs in Bakersfield. A transfer station may be required at some future time when nearby landfills close and trash must be transferred to trains or long- haul trucks for carrying waste to distant landfills. A MRF has been proposed recently, to be built in conjunction with a prison facility. The LEA approved the City's application for permitting the composting facility. The Solid Waste Facilities Permit application is being reviewed by the Waste Board. LEA conducts inspections of the compost facility to ensure that all applicable composting regulations are being adhered to. (4) TYPE "D" Inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills. The LEA conducts monthly inspections of the Bakersfield Sanitary Landfill- and the Mt. Vernon facility to ensure that adequate dust and odor control is in effect. The LEA also inspects the sites to ensure that they are not breeding grounds for vectors. Inspection of trash hauling vehicles is also conducted to ensure vector and odor control measures are in effect. Certification Types A, C and D are required for Bakersfield. Technical expertise The technical expertise required of an LEA is described in 14 CCR 18072. It generally states that the LEA "have one or more full time staff members dedicated solely for solid waste issues." Staff is required to have at least one registered environmental health specialist (REIIS), pursuant to Sections 514-534 of the Health and Safety Code. REHS traini~g and experience must include permitting and closure/postclosure duties. Enforcement Program Plan (EPP) The LEA must develop an EPP and submit for Waste Board approval. This document is a statement of goals and objectives; a scope of work, i.e., a comprehensive list of solid waste facilities and disposal sites and refuse collection vehicles in the area: procedure manuals for solid waste facility permitting and closure/postclosure; demonstration of staff technical expertise; operating budget which demonstrates adequacy of budget resources pursuant to 14 CCR 18074; and procedure manual for disposal site identification, assessment and corrective actions. Designating an LEA The Kern County Environmental Health Services Department is the designated LEA for the City. Alternatives are possible, per PRC Section 18056, however, should the City Council wish to designate solid waste permitting, inspection and regulatory duties to a different agency. Also, the LEA designation may be withdrawn without approval from CIWMB. The process is relatively simple: send a letter from the City Manager to a representative of the Waste Board, to serve as the 90 notice of intent to withdraw. Official separation from the LEA would be done by Council resolution at the end of the 90 notice. If no new LEA is designated, the Waste Board becomes the enforcement agency. There are three possible alternatives to Kern County LEA: 1.) Withdraw the designation from the LEA and have CIWMB become the enforcement agency, by default. The City of Paso Robles did this to resolve a disagreement with their LEA. The process takes approximately 3 months, i.e., Council resolution would make the change official at the end of the 90 notice period. The City could later form its own LEA if it wished while utilizing services from the Waste Board, in the interim. The cost of this alternative is difficult to assess. CIWMB staff charges an hourly rate of $58.37 plus materials, and per diem for travel/lodging to and from Sacramento. Currently, the Kern County LEA charges $80.00 per hour for services rendered. 2.) Develop an LEA program in-house and then begin the process to withdraw the designation from KC-LEA. In order to form a City LEA, there must be at least one permitted solid waste facility. The Mt. Vernon composting facility is currently being reviewed for a Solid Waste Facility Permit by CIWMB. However, per PRC, Section 43200(5), a !'permitted solid waste facility" includes a proposed solid waste facility for which an EIR or negative declaration has been prepared. Per Conditional Use Permit #5540, the City's composting facility has already received a negative declaration (attached). This condition, therefore, has already been met. Forming an LEA in-house, however, is time consuming and care would have to be taken to avoid conflict of interest concerns. The agency must have its own budget, workload analysis and minimum of one full time staff person, dedicated solely to solid waste inspection and enforcement. It must also be completely separate from the department[s] administering solid waste facility operations and maintenance. An Enforcement Program Plan (EPP). described above, must be developed. Finally. there must also be a Hearing Panel, appointed by the Council. Organizational charts should show how separate this Agency would be and who would act as Director and contact person. Five (5) cities in California have their own LEAs: Los Angeles, Pittsburg (in Contra Costa County), West Covina, Vernon, and San Jose. 3.) Withdraw the designation from the LEA and contract with a different LEA, outside of Kern County. This may not be a viable option since it has no direct precedent, but the City of Pasadena contracts with the City of Los Angeles' LEA rather than the County. If Bakersfield wished to contract with the City of West Covina's LEA, for example, the difference would be that it is located in a different county. West Covina's LEA consists of 1 LEA Officer and 1 clerical position. The annual budget is approximately $500,000; consisting of $300,000 for staff and engineering consulting plus $200,000 for legal fees. The LEA officer reports directly to the City Manager. HM:hm c: Kevin Barnes. Solid Waste Director I.EA FRM Financial Assistance for Economic Development Projects City of Bakersfield (4/8/96) Name of Project Project Description -~T Address Amount of Assistance Terms Westminister Ceramics, Inc. Improvements included site 3901 East Brundagc Lane $805,000 100 new hires with the majority being (WCI) (Funded 1984 & 1986) preparation, and assistance to L/M income. Loan to be repaid over a Incentive Area purchase equipment and 26 year period. Interest rate is a machinery to assist the relocation "blended" 10% rate tied to formula of the fh'm from Westminister, determined by San Joaquin Bank (bank CA. also provided assistance to WCI). Joseph Victori Wine, Inc. Rehabilitation of industrial 1233 East California Ave. $180,000 (1985) Principal to be repaid at sale or (Funded 1985 & 1986) building so applicant could $150,000 (1986) transfer of title (interest rate is 0%). Incentive Area , relocate a wine cooler bottling 70% of new hires to be residents of and distribution business from census tracts 15 & 22 (LM census N.Y., N.Y. tracts). Loan was repaid. Roy's Roadstop Retail ~ Loan and development assistance 431 Lakeview Avenue $124,000 15 year loan at 9% interest ($10,000 of Shopping Facility (Henry to relocate convenience store total assistance was a grant). Shipes) (Funded 1985) from 415-425 Lakeview Ave. and Incentive Area to build a new store. Strong Retail Store Land write down assistance to 805 East California Avenue $59,000 No payback if facility is built within (Funded 1986) help a convenience store to ~ 18 months and if 51% of new hires Incentive Area relocate from 828 East Calif. Av. ',' (up to 11) are L/M income persons. If conditions not met then loan is to be ~ repaid at 9% interest for 15 years. Name of Project Project 'Description bddress Amount of Assistance Terms John Enriquez Inc. Acquisition assistance (purchase 1211 Delo~ces/Ave. $65,000 About half of assistance to be repaid (Funded in 1987) of building) for contractor's at 0% interest. Repay $5,000 at the Incentive Area consuucfion business to expand end of 1 st and 2nd years; repay and relocate from 827 Pacific $7,000 at the end of 3rd and 4th Street. years; and repay $500 for 26 consecutive payments. Between l0 and 20 new employees were to be hired with thc majority being L/M income. Alma and John Johnson Assistance for acquisition and 410, 414 and 416 Lakeview $95,000 Retain 2 employees and add 3 new Acquisilion (Giant Burger) construction of a neighborhood Ave. employees. 9% interest with a 15 year (Funded 1987) restaurant and commercial payout. Incentive Area space. C.T. Salas and Sons Cabinets ~. Loan to acquire property and to 1120 Chico St. $114,500 Create 7 new jobs of which at least 4 (Funded 1988) construct a new shop and office, will be LfM persons. 9% interest, with Incentive Area monthly payments for 15 years. Loan was repaid. Price Club Relocation Incentives to relocate out of 3737 Ros~xiale Highway $82,500 10% interest loan to be forgiven after Assistance town wholesale warehouse into 1 year if gross sales are $35 million (Funded 1990) ~ empty former grocery store, or less. The loan was repaid (only majority of the assistance was $12,500 of the total assistance was a i for road improvements, loan). Name of Project Project Description Address Amount of Assistance Terms Bakersfield Holiday Inn Select Financial assistance for 801 Truxtun Avenue $2,500,000 Loan to be forgiven after 5 years if Project predevelopment and eligible 51% or more of new hires (estimated (Funded 1993) furnishings, fixtures and to be around 200) are I./M persons. equipment costs. Holiday Recreational Vehicle To relocate R.V. dealership 2701 Auto Mall Drive $65,000 Loan to be forgiven after 42 months if Construction Project from 5810 Union Avenue so it relocation takes place; employees are (Funded 1995) ; could expand. Assistance to pay increased from 23 to 38; and if at predevelopment costs and for least 20 of total employees are L/M acquisition of real property persons. equipment. L & A'Oak Designs Dust Assistance to purchase a dust 2401 East Brundage Lane $30,000 Repay.2_~4 months from execution of Collector Project collector so that furniture agreement at 8%interest. At least 51% (Funded 1996) factory can relocate from 2201 of employees~l total) to be retained Incentive Area East Brundage Lane to a less will be L/M persons. expensive site in the Incentive AGREEMENT NO. THIS AGREEMENT is made on , by and between the CITY OF BAKERSFIELD, a municipal corporation and California charter city ("CITY") and ADVANCED RECORDS TECHNOLOGY, INC., a corporation authorized to conduct business in the state of California ("CORPORATION"). RECITALS The Congress of the United States has enacted Title I of the Housing and Community Development Act of 1974, and amendments (the "Act"). The Act provides for Community Development Block Grants; and CITY has submitted required documents to the Department of Housing and Urban Development ("HUD") for receipt of a Community Development Block Grant ("Grant") under the Act; and California Government Code Section 53703 authorizes cities to participate in federally-funded health, welfare, public works, and community-improvement programs, and empowers cities to contract with public and private agencies; and CORPORATION has submitted to CITY a plan to purchase'and rehabilitate real property located at 417 Watts Drive, in the City of Bakersfield, California (the "Property"), further described in Exhibit UA", attached hereto and incorporated herein by reference; and CORPORATION certifies that purchase of the Property will enable CORPORATION to create or retain jobs in the City of Bakersfield. Such jobs will be available to Bakersfield's low- and moderate-income persons as defined in 24 CFR 570.3 attached hereto as Exhibit "B", and incorporated herein by reference; and CITY has funds available in its CDBG Business Assistance Program; and CITY desires to assist CORPORATION in its efforts to purchase the Property in order to create and retain jobs for its low- and moderate-income persons. NOW, THEREFORE, CITY and CORPORATION agree: I. NATIONAL OBJECTIVES CORPORATION certifies that the activities carried out with funds provided under this Agreement will create or retain jobs in the City of Bakersfield. CORPORATION further certifies that at least fifty-one percent of those jobs will be made available to low- and moderate-income residents of the City of Bakersfield. II. DEFINITIONS Except as modified by the "Grant Agreement," entered into by CITY and HUD, any term defined in Title I of the Act, or the HUD Grant Fund Regulations at 24 CFR 570, shall have the same meaning in this Agreement. A. "Program" means CITY's Community Development Program, and its administration. B. "Project" means acquisition of the real property located at 417 Watts Drive in the City of Bakersfield, California. C. "Program Income" means gross income received by CORPORATION directly generated from the use of Grant funds or resulting from Grant-funded improvements. Program Income includes, but is not limited to, those defined in HUD Grant Fund Regulations at 24 CFR 570.500(a)(1). D. "Fiscal Year" means a twelve-month period between July 1 and June 30 of the following year. E. "Future Use Restriction Period" means the five-year period which begins upon execution of this Agreement. F. "Low-Income Person" and "Moderate-Income Person" has the definition set out in 24 CFR 570.3. G. ~The Property" is that real property located at 417 Watts Drive in the City of Bakersfield, County of Kern, State of California, more further described in Exhibit ~A", attached hereto and incorporated herein by reference. H. "Covered Positions" means all CORPORATION's job openings in the City of Bakersfield created or retained as a result of internal promotions, terminations, and expansion of CORPORATION's work force (i.e., non- managerial, non-professional and those not highly technical), created as a result of the Project and described in Schedule "A", attached hereto and incorporated by reference. Page 2 of 27 Pages I. "Non-covered Positions" means those positions of a supervisory nature requiring two or more years of formal training and those filled by internal promotion from the CORPORATION's existing work force. J. "Total Cost to Acquire and Rehabilitate the Property" means the total amount necessary for CORPORATION to acquire fee simple title to the Property, including the purchase price, all appraisal costs, escrow fees, closing costs, transfer fees, permit fees, design costs, and all costs of complying with the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970 as amended (42 U.S.C. 4601, et seq.). K. ~Seller" means the person(s) or entity currently owning the Property. III. SCOPE OF WORK CORPORATION will be responsible for administering the Project in a manner satisfactory to CITY and consistent with any standards required as a condition of providing these funds. IV. TERMS OF LOA/~ It is expressly agreed and understood that the total amount loaned by CITY under this Agreement shall not exceed one half of the total cost to acquire and rehabilitate the Property or ONE HUNDRED FIFTY THOUS~uND DOLLARS ($150,000.00), whichever is less. A. Loan CORPORATION shall execute a Promissory Note securing performance of the terms of this Agreement and promising to repay the loan in the event that CORPORATION shall fail to comply with the terms of this Agreement. The loan shall accrue interest at an annual rate of zero percent (0%). The loan shall be forgiven at a rate of twenty percent (20%) per year for each year that CORPORATION is in compliance with this Agreement. The Promissory Note shall be in the form attached to this Agreement as Exhibit KC" ..... Page 3 of 27 Pages B. Escrow Within thirty (30) days of the date of execution of this Agreement, CORPORATION shall open escrow with for the purpose of executing a Deed of Trust in favor of the City of Bakersfield securing performance of the terms of this Agreement and/or the repayment of the loan. The deed of trust shall encumber the property described in Exhibit "A" attached hereto and incorporated herein by this reference. In no case shall the Deed of Trust be less than a Second Deed of Trust, subordinate only to a purchase money deed of trust for the balance of the total cost to acquire and rehabilitate the Property. C. Disbursement of Funds CITY's payment under this Agreement shall be made on behalf of CORPORATION to the Seller or to the escrow company which is representing the Seller and CORPORATION in the conveyance of the Property. The reasonable fair market price of the Property shall be determined through an appraisal from an accredited MAI appraiser. CORPORATION agrees that CITY is hereby empowered to make an independent determination of the market value. CITY shall not be obligated to disburse, or pay to, CORPORATION or any third party, any funds until and after CITY receives CDBG funds from the federal government. If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to CORPORATION until CITY receives such funds. CORPORATION shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if CORPORATION or any third party has detrimentally relied upon this Agreement. V. CORPORATION'S RESPONSIBILITIES A. General Terms CORPORATION agrees that 51% of all employees hired or retained in the sixty (60) months following the execution of this Agreement shall be low- and moderate- income persons as defined in Exhibit "B". Such $: \ SAN%ART~WEL.AGR Page 4 of 27 Pages employees must be full-time employees (minimum of 1,750 work hours per year). It is CORPORATION'S declaration that the loan herein described will result in employment opportunities described in Schedule "A", attached hereto and incorporated by reference. B. Referral CORPORATION shall contract with Employers' Training Resource or other employment referral agency ("AGENCY") acceptable to CITY which will refer job applicants eligible pursuant to the Job Training Partnership Act (JTPA) and the Community Development Block Grant (CDBG) regulations to CORPORATION in response to the notification of need for new employees. AGENCY will maintain the documentation of applicant/employee household income required by the CDBG program, and provide such information to CORPORATION. Upon request, CORPORATION shall provide such information to CITY. AGENCY will screen applicants according to the qualifications agreed upon with CORPORATION. AGENCY will notify CORPORATION of the number of applicants it will refer and begin making referrals no later than five working days prior to the anticipated hiring date. AGENCY will make every reasonable effort to refer at least one qualified person(s) for each job opening. In the event that AGENCY is unable to refer any or all of the qualified personnel requested, CORPORATION will be notified by AGENCY. CORPORATION will then be free to directly fill remaining positions. In this event, CORPORATION will make a good faith effort to hire economically disadvantaged City residents through additional recruitment techniques in conformance with terms of the grant and approved by CITY. C. Placement Ail decisions on hiring new employees will be made by CORPORATION. CORPORATION agrees to provide priority 'consideration to prospective employees for "covered positions" from the qualified persons referred by Page 5 of 27 Pages AGENCY. If CORPORATION does not find any of the persons so referred to qualify for the opening(s), AGENCY will be notified. AGENCY will monitor job retention and employment performance of employees placed under this Agreement. CORPORATION agrees to cooperate in these follow-up efforts, and to provide four times annually hiring summaries in the first two years in a form acceptable to CITY. This may include, but not be limited to, copies of employee rosters and payroll and tax information submitted to the State of California. AGENCY and CORPORATION may, but are not required to, agree to develop additional job training programs. The training specifications and the cost for such training will be mutually agreed upon by CORPORATION and AGENCY and covered under a separate training agreement. D. Laws and Regulations 1. Federal CORPORATION shall obey the Act, any amendments, Federal regulations and guidelines now or hereafter enacted pursuant to the Act, terms of the Grant to CITY now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration of the Grant, or any other statute, regulation, or guideline applicable to the Program. CORPORATION shall become familiar with the appropriate statutes, regulations, and guidelines governing the Grant program. If this Agreement conflicts with any labor laws or other governmental regulations, those laws or regulations shall prevail. 2. California CORPORATION shall comply with all provisions of California law applicable to this agreement. If this Agreement conflicts with a collective bargaining agreement to which CORPORATION is a party, the bargaining agreement shall prevail. Page 6 of 27 Pages E. Independent Contractor CORPORATION understands and agrees that it is an "independent contractor" with respect to the services to be performed under this Agreement. CITY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance. CORPORATION shall implement and manage the entire Project. CORPORATION shall be responsible for the control or safety of CORPORATION officers, employees, agent, or invitees during and after the Project. F. Indemnification and Insurance Throughout the term of this Agreement, CORPORATION shall indemnify CITY and HUD, their agents, officers, employees, and volunteers, and hold and save them whole and harmless of, from, and against, all claims, demands, actions, damages, loss, cost, liabilities, expenses, and judgments recovered from or asserted against CITY or HUD on account of injury or damage to person or property to the extent that such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act, omission, negligence, or misconduct on the part of CORPORATION or any of its agents, servants, employees, contractors, patrons, guests, or invitees, or any other persons entering upon CORPORATION's with the express or implied invitation or permission of CORPORATION, or when any such injury or damage is the result, proximate or remote, of the violation by CORPORATION or any of its agents, servants, employees, contractors, patrons, guests, or invitees, of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the occupancy or use by CORPORATION, its agents, servants, employees, contractors, patrons, guests, or invitees, of said project property. Such indemnification of CITY shall be effective unless such damage or injury may result from the sole negligence, gross negligence, or willful misconduct of CITY. CORPORATION promises and agrees that in case CITY shall be made a party to any litigation commenced by or Page 7 of 27 Pages against CORPORATION or relating to this Agreement, then CORPORATION shall and will pay all costs and expenses, including reasonable attorney fees and Court costs, incurred by or imposed upon CITY by virtue of any such litigation. To protect CITY, HUD, their agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of CORPORATION's actions in connection with the performance of this Agreement, CORPORATION shall secure and maintain insurance as described below: 1. Workers' Compensation insurance as required by California's Labor Code. The insurance policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 2. Commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include completed operations liability, owner's and contractor's protective, blanket contractual liability, personal injury liability, and broad form property damage coverage. Both the commercial general liability and automobile liability insurance policies shall be obtained from an insurance carrier(s) with a Best's rating of A:VII or better and shall: (a) expressly name CITY, HUD, their agents, officers, and employees as additional insured; (b) be primary with respect to any insurance or self-insurance programs maintained b~ CITY; (c) contain standard cross liability provisions. 3. Commercial automobile liability insurance with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for hired and non-owned automobiles and shall be provided by a business or commercial automobile policy. If CORPORATION owns any automobiles, said coverage shall be extended to such automobiles. Page 8 of 27 Pages CORPORATION shall arrange for its insurance carrier to furnish properly executed certificates of insurance to CITY before beginning work under this Agreement. Such certificates shall: (1) not be subject to cancellation without 30 days' prior written notice to CITY; (2) clearly evidence all coverage required above, including specific evidence of a separate endorsement naming CITY and HUD as insured, and; If CORPORATION, for any reason, fails to maintain the required insurance coverage, such shall be a material breach of contract. CITY, thereupon, at its sole option, may terminate this Agreement and obtain damages from CORPORATION resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to CORPORATION, CITY may deduct from sums due to CORPORATION, any premium and associated costs advanced by CITY for such insurance. If the balance of monies obligated to CORPORATION pursuant to this Agreement are insufficient to reimburse CITY for the premiums and'any associated costs, CORPORATION shall reimburse City for the premiums and pay for all costs associated with the purchase of such insurance. G. Future Use Restrictions CORPORATION shall insure that all "covered positions" are filled or retained by low- and moderate-income Bakersfield residents for at least five (5) years after the execution of this Agreement. CORPORATION shall comply with federal property management regulations and standards in accordance with 24 CFR 570.503(b) (8) -- "Reversion of Assets", and the Property Management Standards of 24 CFR Part 84. H. Administrative Requirements 1. Financial Management CORPORATION agrees to comply with 24 CFR Part 84 Page 9 of 27 Pages and agrees to adhere to the accounting principles and procedures required therein, provided those procedures are not in conflict with other federal financial management regulations, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Documentation and Record Keeping a. Records to be Maintained CORPORATION shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that are pertinent to the activities to be funded under this Agreement. SuCh records include, but are not limited to: i. Records providing a full description of each activity undertaken' ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved-with CDBG assistance; v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; vi. Financial records as required by 24 CFR Part 570.502; and vii. Other records necessary to document compliance with Subpart K of 24 CFR 570. viii. Records establishing the availability of "covered positions" to low and moderate income Bakersfield residents. b. Retention CORPORATION shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this contract shall be retained for Page 10 of 27 Pages three (3) years after expiration or termination of this Agreement. Records for any displaced person must be kept for three (3) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three- year period, whichever occurs later. c. Client Data CORPORATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, ethnicity and description of service provided. Such information shall be made available to CITY or its designees for review upon request. Such request shall only be made with adequate notice to CORPORATION. 3. Close-Outs CORPORATION's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the CITY), and determining the custodianship of records. 4. Audits and Inspections All CORPORATION records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. CITY or its agents shall provide $: \ JAN%AR? PO~ L. AGR Page 11 of 27 Pages CORPORATION adequate notice prior.to any audit or inspection. Any deficiencies noted in audit reports must be fully cleared by the CORPORATION within 30 days after receipt by it. Failure of CORPORATION to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The CORPORATION hereby agrees to have an annual audit conducted in accordance with current CITY policy concerning subrecipient audits and, as applicable, OMB Circular A-133. 5. Reports and Payment Procedures a. Program Income CORPORATION shall report annually all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by CORPORATION shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, CORPORATION may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to CITY at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to CITY. b. Indirect Costs If indirect costs are charged, CORPORATION will develop an indirect cost allocation plan for determining its appropriate share of administrative costs and shall submit such plan to CITY for approval, in a form specified by CITY. 6. Progress Reports CORPORATION shall submit regular Progress Reports to CITY in the form, content and frequency as required by CITY. Page 12 of 27 Pages I. PERSONNEL and PARTICIPANT CONDITIONS 1. Non-discrimination Requirements Under any related agreements or contracts, CORPORATION shall provide that no person, on the grounds of race, color, national origin, religion, or sex, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG Program funds. In addition, CDBG Program funds must be madeavailable in accordance with the following: a. The requirements of the Fair Housing Act and implementing regulations at 24 CFR 100. b. Executive Order 11063 (Equal Opportunity in· Housing). c. Title VI of the Civil Rights Act of 1964 (PL 88-352) and Title VIII of the Civil Rights Act of 1968 (PL 90-284 nondiscrimination and fair housing.on federally assisted programs). 2. Rehabilitation Act of 1973 and Americans with Disabilities Act This Agreement is subject to the provisions of Section 503 and 504 of the Rehabilitation Act of 1973 (PL 930112), 29 USC 706, and attendant regulations at 24 CFR, Part 8, which provide that no otherwise qualified, disabled individual shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. This Agreement is also subject to the Americans with Disabilities Act of 1990 (Public Law 101-336), as amended, 42 USC 12101, et. seq. 3. Non-discrimination Because of Age This Agreement is subject to the Age Discrimination Act'of 1975, as amended, (Title III of Public Law 94-135) and attendant Code of Federal Regulations at 48 CFR, Part 22, Subpart 22.9. That Act sets forth that, except as $: \ J~TI~L. ~ ~/1~/96 Page 13 of 27 Pages otherwise provided, no person in t~e United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 4. Equal Employment Opportunity (Non-discrimination Clause) CORPORATION shall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CORPORATION shall take affirmative action to insure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CORPORATION shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITY or HUD setting forth the provisions of this nondiscrimination clause. CORPORATION shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. 5. "Section 3" Training, Employment, and Business Opportunities This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u) as amended, HUD regulations issued pursuant thereto at 24 CFR 135, and any applicable ru~es and orders of HUD issued thereunder. 6. Women- and Minority-Owned Business Enterprises CORPORATION agrees to abide by the requirements of Executive Orders 11625, 12432 and 12138, the HUD regulations issued pursuant thereto at 41 CFR Part Page 14 of 27 Pages 24, 41 CFR Subpart 1-1.13, and any applicable rules and orders of HUD. The foregoing require the maximum practicable opportunity to participate, in contracts funded in whole or in part with federal funds, be provided to women- and minority-owned business enterprises, as subcontractors and suppliers to contractors performing work, or rendering services as prime contractors or subcontractors, under federally- funded procurement contracts. 7. Affirmative Action for the Vietnam-Era Veterans CORPORATION shall comply with 48 CFR, Chapter 1, Subpart 22.13 and shall take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based on disability or veteran's status in all employment practices such as employment, upgrading, demotion, transfer, recruitment, advertising,, layoff, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8. Small Business Concerns This Agreement is subject to the requirements of the Small Business Act (15 USC 631 et seq.), as amended, applicable HUD regulations at 48 CFR, Part 19, and any applicable rules and orders of HUD requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small-business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally-funded purchases and contracts for property and services. CORPORATION shall implement the specific small- business policies hereinbelow to further the goals of the Small Business Act: (a) Equitable Opportunity CORPORATION shall give small businesses an equitable opportunity to compete for prime contracts and subcontracts. CORPORATION shall include the applicable "Utilization of Small Business Concerns and Small 3/18/96 Page 15 of 27 Pages Disadvantaged Business Concerns" clause in all contracts in connection with this Activity in amounts which may exceed $10,000 except; (i) contracts which are to be performed entirely outside the United States; and (ii) contracts for personal services. (b) Bidder mailing lists shall include established and potential qualified small- business concerns; (c) CORPORATION shall send invitations for bids, or request for proposals, to all firms on the appropriate mailing list which shall include an appropriate number of small businesses; (d) CORPORATION shall publicize proposed procurement and contract awards in accordance with these policies; (e) CORPORATION shall divide procurement of property and services into reasonably small lots (not less than economic production runs) to permit bidding on quantities less than the total requirements; (f) CORPORATION shall allow the maximum amount of time practical for preparation and submission of bid and proposals; (g) CORPORATION shall establish realistic delivery schedules to encourage small business participation; (h) CORPORATION shall furnish applicable specifications, plans, and drawings with invitations for bids and request for proposals or information as to locations where they may be obtained, or examined; (i) CORPORATION shall treat equal low bids in accordance with 48 CFR Subpart 14.408-1; (j) CORPORATION shall encourage subcontracting to enroll small businesses; Page 16 of 27 Pages (k) CORPORATION shall place small purchases (amounts under $25,000) with small businesses whenever appropriate; (1) CORPORATION shall refer small businesses seeking federal contracts, but lacking qualifications as contractors, to CITY and the Small Business Administration for assistance as may be appropriate; (m) CORPORATION shall refer offers from small business concerns otherwise qualified, to perform specific federal contracts but ineligible under Walsh-Healey Public Contract Acts, to City and Small Business Administration for possible certification of eligibility to receive and perform the contract; (n) To the extent practicable, CORPORATION shall place work to be performed, which exceeds the maximum amount of any contract for which a surety may be guaranteed against loss, so that more than one small'business concern may perform the work; and (o) The Small Business Administration may certify a small business, otherwise qualified to receive and perform specific federal contracts but determined to be nonresponsible, to be competent under the provisions of the Small Business Act. 9. Use of Grant Funds for Religious Purpose CORPORATION shall permit no CDBG Program funds to be expended for the design, construction, operation, or maintenance of any facility to be used for sectarian instruction or as a place for religious worship, except in situations where such use is incidental and does not favor one religious group over another. 10. Prohibited Interest of Officials and Employees No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement Page 17 of 27 Pages or to any benefit to arise from it. No member, officer or employee of CORPORATION, or its designees or agents, no member of CITY's Council or any other public official who exercises any functions or responsibilities with respect to the CDBG Program during his tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement. 11. Political Activity CORPORATION shall expend no Grant funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code). 12. Lobbying CORPORATION certifies, to the best of its knowledge and belief, no Federally-appropriated funds have been paid or will be paid, by or on behalf of CORPORATION, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer er employee of Congress, or an employee of a Member' of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If funds, other than Federally-appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of CongreSs, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, CORPORATION shall complete and submit, in accordance with its instruction, Certification Regarding Lobbying, Exhibit "D". Page 18 of 27 Pages J. ENVIRONMENTAL CONDITIONS 1. Environmental Considerations CITY and CORPORATION want to assure that the policies of. the National Environmental Policy Act of 1969 (NEPA), as amended, and the California Environmental Quality Act of 1970 (CEQA), as amended, are most effectively implemented, CITY shall comply with HUD Environmental Review Procedures (24 CFR Part 58) leading to certification of release of funds for particular projects, and the CEQA review procedures (Title 14, Section 15000 et. seq. of the California Administrative Code) in connection with this Project. 2. Clean Air and Water Acts This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., Executive Order 11738, dated September 10, 1973, and the regulations of the Environmental Protection agency at 40 CFR Part 15, as amended. CORPORATION shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt (exceed $100,000, or involve a facility the subject of a conviction under the Clean Air Act, or the Federal Waste Pollution Control Act, and listed by the Environmental Protection Agency, or not otherwise exempt) transaction, the clause set out in 48 CFR 52.223-2. CORPORATION shall also cause or require to be inserted in full, the certification set forth in 48 CFR 52.223-1, in each solicitation and resulting contract and contracts it awards without a solicitation. CORPORATION shall not use any funds under this Agreement for a facility which has a conviction under Section 113(c) (1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. Page 19 of 27 Pages 3. Lead-Based Paint This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42 USC 4821, et. seq.) and its implementing regulations at 24 CFR Part 35. K. OTHER CONDITIONS 1. Relocation Assistance and Acquisition Policies This Agreement is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601), and the HUD implementing regulations. 2. Architectural Barriers Act of 1968 This agreement is subject to the requirements of the Architectural Barriers Act of 1968, as amended (42 USC 4151, et. seq.) and its regulations (41 CFR Subpart 101-19.6). 3. Historic Preservation CORPORATION shall take into account the effect of the Project on any CORPORATION, site, building, structure or object listed in or found by the Secretary of Interior, pursuant to 36 CFR 800, to be eligible for inclusion by the National Park Service. CORPORATION shall eliminate or minimize any adverse impact on a historic property. Activities affecting such properties must comply with Section 106 of the National Historic Preservation Act of 1966 (16 USC 470f), P.L. 89- 665, Executive Order 11593, May 13, 1971, the Preservation of Archaeological and Historical Data Act of 1960 (16 USC 469a-1, et. seq.), the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), and their implementing regulations. VI. CITY's OBLIGATIONS A. Copy of Regulations and Statutes CITY agrees to make available to CORPORATION, at its request, a copy of the Act, related Federal $: \JAR1ART~L.~ Page 20 of 27 Pages regulations, terms of the CDBG Program, and any related Federal regulations, as soon as reasonably convenient after they are in CITY's possession. B. Regulations CITY will make available to CORPORATION a copy of any regulation CITY enacts to facilitate administration of said Program. C. List of Minority-Owned Businesses CITY agrees to make available to CORPORATION, upon its request, a copy of the notice and addressee list CORPORATION could use in soliciting minority-, small-, and local-business participation in the Project. VII. LIENS AND ENCUMBRANCES This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this contract, CORPORATION shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that CITY and the United S~ates are beneficiaries of and entitled to enforce such covenants. CORPORATION, in undertaking its obligation to carry out the Project assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. VIII. ASSIGNMENT AND SUBLETTING Within the time period set forth in this Agreement, CORPORATION shall not assign or sublet any right, title or interest it may acquire by reason of this Agreement without first obtaining the written consent of CITY. CORPORATION's assignment, or attempted assignment, without CITY's prior written consent, shall be voidable. Page 21 of 27 Pages If, during the term of this Agreement, CORPORATION should transfer possession of all or a portion of its business concerns to any other party by lease, sale, assignment or otherwise, CORPORATION, as a conditions of transfer shall require the party taking possession to agree, in writing, to the terms of this Agreement and to obtain approval of CITY. A new Agreement will be executed with the new party prior to the effective date of the transaction. IX. SUBCONTRACTS CORPORATION will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. CORPORATION shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. CORPORATION agrees that assistance provided under this Agreement.shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services or, or fund any contractor during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24. CORPORATION shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process. X. CITY'S REMEDIES If CORPORATION fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement and/or require CORPORATION to: Page 22 of 27 Pages A. Reimburse CITY Reimburse CITY the amount of the loan, reduced by twenty percent (20%) per year for each year that CORPORATION was in compliance with the terms of the Agreement. B. Time to Remedy Prior to suspension or termination for failure to comply with the terms of this Agreement, CITY shall notify CORPORATION in writing the basis for its claim of non-compliance. CORPORATION shall have thirty (30) days to remedy such non- compliance. C. Concurrent Remedy No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.. XI. NON WAIVER A covenant or condition of this Agreement may be waived by written consent of CITY. Forbearance or indulgence by CITY, in any way whatsoever, shall not constitute a waiver of any covenant or condition to be performed by CORPORATION. CITY's waiver of one covenant or condition does not grant or imply a waiver of any other covenant or condition to be performed by CORPORATION. CITY shall be entitled to invoke any remedy available to CITY under this Agreement, by law or in equity, despite such forbearance or indulgence. XII. CITY'S SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the successors to or assigns of CITY and CORPORATION. · Page 23 of 27 Pages XIII. INCORPORATION OF PRIOR AGREEMENT AND AMENDMENTS This Agreement contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Agreement may be modified in writing only, signed by the parties in interest at the time of the modification. XIV. AUTHORITY Each individual executing this Agreement on behalf of CORPORATION represents and warrants that he or she is authorized to execute and deliver this Agreement on behalf of CORPORATION and this Agreement is binding on CORPORATION. XV. MODIFICATION OF AGREEMENT Except as otherwise provided herein, the terms of this Agreement may be modified only by the written consent of the parties. XVI. VENUE If either party to this Agreement initiates any legal or equitable action to enforce the terms of this Agreement, to declare the rights of the parties under this Agreement, or which relates to this Agreement in any manner, CITY and CORPORATION agree that the proper venue for any such action is the Kern County Superior Court of the State of California, unless the amount in controversy falls below the jurisdiction of the Superior Court, in which case, the proper venue for any such action is the Bakersfield Municipal Court. Either party may demand arbitration by sending a written notice to the other, by registered or certified mail, that includes (1) a statement of the matter in controversy and (2) the relief requested. If the parties do not settle the dispute within thirty (30) days of the date the demand for arbitration was mailed, the dispute will be submitted to an arbitrator appointed by a judge of any court having jurisdiction. The arbitrator shall schedule the hearing and give notice to the parties, by registered or certified mail, $: \ J~J41 ART~WE L. ~A ~11819& Page 24 of 27 Pages at least ten (10) days in advance of the hearing. The arbitrator may conduct the hearing despite the absence of a party, provided that the notice required by this Agreement has been given. The parties shall have the right to take depositions and conduct discovery prior to the arbitration hearing as provided by section 1283.05 of the Code of Civil Procedure. The decision of the arbitrator is non-binding. Each party shall bear their own costs and expenses, except that the parties shall each pay one half of the arbitrator's fee. The parties intend to incorporate the provisions of sections 1280-1294.2 of the Code of Civil Procedure to the extent they are not inconsistent with the terms of this Agreement. XVII. NOTICES Notices shall be sufficient hereunder if personally served or, if sent by United States Mail, certified, return receipt requested, postage prepaid, directed to the parties at the following addresses: If directed to CITY, addressed to: City Clerk City of Bakersfield 1501Truxtun Ave. Bakersfield, CA 93301 or directed to the CORPORATION, addressed to: Art Powell, Jr. ADVANCED RECORDS TECHNOLOGY, INC. 417 Watts Drive Bakersfield, CA 93307 XVIII. TERMINATION OF AGREEMENT CITY reserves the right to terminate this Agreement upon giving CORPORATION notice of intention to terminate at least 30 days prior to the effective date of the termination. Page 25 of 27 Pages XIX. NEGOTIATED AGREEMENT The parties intend that this Agreement to be construed as if both parties had negotiated each term, provision, and condition so that this Agreement is not to be construed against any party. XX. SEVERABILITY A.ND PA/{AGRAPH HEADINGS The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way effect the validity of any other provision hereof. If any term, provision, or condition of this Agreement is determined, by a court of competent jurisdiction, to be void, invalid, or unenforceable, the parties intend the remainder to continue in full force. The parties intend interpretation of the remainder to be as if the parties negotiated this Agreement without the void, invalid, or unenforceable terms, provisions, or conditions. The "headings" or "titles" of paragraphs (or sections) of this Agreement are for convenience only, and are not to be considered part of the Agreement. ---o0o IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers and agents thereunto duly authorized as of the day and year first above written. "C I TY" "CORPORAT I ON" City of Bakersfield Advanc~Reco/n~s Technology, Inc. By: By: j Bob Price Art Powell, Jr.' ~- Mayor President Page 26 of 27 pages APPROVED AS TO FORM Office of City Attorney By: 'Q0 Janice Scanlan ~ Deputy City Attorney APPROVED A~ TO~0NTENT ~ John F. Wager, Jr. ~ Economi~ DevelopmelTt--Ui~ector COUNTERSIGNED By: Gregory Klimko Finance Director $: \ JA~r%AaT~L.A~R Page 27 of 27 Pages SCHEDULE "A" .i '1 Present Employees and Positions: As of March 20, 1996 Microfilm Technician I Rate of PaY Alice Powell $5.75 per/hour Mae Bailey $5.75 per/hour Phyllis Myers $5.75 per/hour Carolyn Barefield $5.50 per/hour Document preparation and microfilm documems assist with other duties. Microfilm Technician I1 Rate of Pay Floyd Johnson $7.25 per/hour Regina Walker ~ $7.25 per/hour Dolores Urias $7.00 per/hour Martha Vega $6.85 per/hour Linda Washington $6.00 per/hour Tuyet Nyugen $6.00 per/hour Gloria Eddington $6.25 per/hour Document prepp, microfilm, process microfilm, knowledge of equipment, indexing, etc. Data processing. Process Server Rate of Pay Linda Mitchell $6.85 per/hour Attorney service worker, and assist with microfilm duties. Production Supervisor Rate of Pay Michael Carder $1,900 per/momh Exhibl~ "A" LEGAL DESCRIPTION PARCEL 1: The North 250 feet of the west 125 feet, measured from the south line of Watts Drive (60 feet wide) of Lot 21 ia Section 8, Township 30 South, Range 28 East, M.D.B.M., in the city of Bakersfield, County of Kern, State of California, as per that certain Sales Map No. 1 of Lands of J. B. Haggin filed May 3, 1889, ia the Office of the County Recorder of said EXCEPTING THEREFROM all oil, gas and other minerals contained within the property above described together with other rights as excepted and reserved of record by Kern County Land Company in deed recorded March 13, 1969 in Book 4256, Page 762 of Official Records. PARCEL 2: An easement for the purpose of ingress, egress and incidental purposes as described as follows: That portion of Lots 21 and 23 in Section 8, Township 30 South, Range 28 East, M.D.B.M., in the City of Bakersfield, County of Kern, State of Californ/a, as per that certain Sales Map No. 1 of Lands of J. B. Haggin filed May 3, 1889, in the Office of the County recorder of said County, described as follows: Beginning at a point on the south line of Watts Drive, as said Watts Drive is located on June 6, 1979, a distance of 125 feet east from the west Line of said Lot 21; thence at right angles, south a distance of 250 feet to the true point of beginning; thence continuing south along the last named course, a distance 60 feet to a point, thence at fight angles west, parallel with the south line of Watts Drive, a distance of 500 feet, more or less, to a point of intersection with the existing taxi and landing area of the Bakersfield Air Park, as said taxi and landing area is located on June 6, 1979; thence at fight angles north a distance of 60 feet to a point; thence at fight angles east parallel to the south line of Watts Drive, a distance of 500 feet, more or less, to the point of beginning. EXCEPTING THEREFROM all minerals including oil, gas, asphaltum and other hydrocarbons in and under said land as reserved by Kern County Land Company, a corporation, in various deeds of record. EXHIBIT "B" 24 CFR 570.3 Low-income person means a member of a family having an income equal to or less than the Section 8 very low-income limit established by HUD. Unrelated individuals shall be considered as one person families for this purpose. The method for determining income under the section 8 Housing Assistance Payments program need not be used for this purpose. Moderate-income persons means a member of a family having an income equal to or less than the Section 8 lower income limit and greater than the Section 8 very low income limit established by HUD. Unrelated individuals shall be considered as one person families for this purpose. The method for determining income under the Section 8 Housing Assistance Payments Program need not be used for this purpose. EXHIBIT 'C' PROMISSORY NOTE THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE UNPAID OR UNFORGIVEN PRINCIPAL BALANCE OF THE LOAN. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FORM THE SAME LENDER. 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ Dollars) (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is THE CITY OF BAKERSFIELD, A MUNICIPAL CORPORATION. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder'. 2. INTEREST No interest will be charged on the unpaid principal. 3. PAYMENTS The principal of this Promissory Note shall be due five years from the date of execution of the Agreement to which this Note is attached. The principal of the Note shall be forgiven at twenty-percent (20%) per year for each year I am in compliance with the terms of said Agreement. if I comply with the terms of said Agreement for five years from the date said Agreement is executed, I shall owe Note Holder nothing. No payments will be due to Note Holder unless I fail to comply with any terms of the Agreement to which this Promissory Note is attached. in the event that I fail to comply with the terms of the Agreement to which this Promissory Note is attached, I shall pay to Note Holder the full amount of the principal, minus twenty percent (20%) per year, prorated, for every year in which I was in compliance with said Agreement. Page I of 3 Pages 4. DEFAULT If I do not comply with the terms of the Agreement to which this Promissory Note is attached, and then, fail to pay the remaining principal, I will be in default. (A) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid or forgiven. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (B) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. 5. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the following address: 417 Watts Drive, Bakersfield, California 93307 Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the' Note Holder at the following address: 515 Truxtun Avenue, Bakersfield, California 93301 6. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorse of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under the Note against each personal individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Page 2 of 3 Pages WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED BORROWER /~ BORROWER Page 3 of 3 Pages Exhibit "D" CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee .of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. BAKERSFIELD Economic and Community Development Department MEMORANDUM November 30, 1995 TO: Alan Tandy City Manager FROM: Jake Wager Economic Development Director SUBJECt: Proposals for the FY 96-97 Action Plan (Annual Budget for HUD Funds) As you are aware, the deadline for submitting funding applications by City departments, outside agencies and individuals for the FY 96-97 Action Plan was November 22. We received requests for approximately $3,523,831. Specifically, funding requests included $3,284,093 in Community Development Block Grants (CDBG), $145,000 in HOME Investment Partnership Grants (HOME), and $94,738 in Emergency Shelter Grants (ES(]). A summary of the proposals is attached. Staff is currently reviewing the funding requests for eligibility, q,_,alification, and project feasibility. A memorandum outlining staff findings is anticipated to be completed by February, 1996. For your review, we have attached a preliminary outline that summarizes FY 96-97 proposals as well aS community development activities that have been previously supported by the City Council and compares them to FY 95-96 costs. In addition, the prelimirtary outline illustrates potential funding shortfalls next fiscal year for each entitlement (CDBO, HOME, ESO) by comparing FY 96-97 funding requests and proposed uses to available resources. As of this date, we have not been notified by the federal government as to the amount of funds available for next fiscal year. However, we are anticipating lttat our entitlements for FY 96-97 will be similar to last year, approximately $4,018,000 ($ 2,953,000 - CDBG, $974,000 - HOME, $91,000 - ESG). Please feel free to contact me if you have any questions regarding this matter. Fiscal Year 96-97 Applications 1~1n5 AGENCY DESCRIFFION [ AMOUNT REQUESTED CDBG - ClP'a City Public Works Deparlment Downtown Strectscape $325,000 Improvement Project City Community Services/Parks Martin Luther King Jr. Park $5,377 Division parking area reconstruction City Fire Deparlment Traffic Signal Preemption 13~vices $50,000 (miscellaneous intersections in CDBG targeted ~reas) C1)BG - Ph--.a~l CIPs I City Public Works Phase 11 ~ $174,600 Terrace Way Storm Drain (Terrace Way tntween Berneta Avenue Union Avenue) City Public Works Phase Ill $696,000 (Gage S~'ee~ to Robinson StreW) City Public Works Phase 1I $508,000 Pananma #10 curb, gu~r and street pavi~ Cai Water Service Company Phase 11 $225,000 Union Avenue #10 area water main and fir~ hydrant upgrade CDBG o PUBLIC gACIIXI~S Golden Empir~ Gleaners ~g and improving the $270,000 building at 3100 Chester Avenue for program opexations 3esert Counseling Clinic Renov~on of f~cility to ADA $76,000 Link. Program at 1655 ~ California Avenue $ippi Clinic Renovation of ~xisting slru~tur~ at $75,503 18200 Kera Canyon Road for disabled residents Rehabilitate WIC building ~t 500 $150,000 East California Avenue AGENCY I DESCRIPTION I AMOUNT REQUESTEI) CDBG - Economic Development Vernon Strong Rehabilitate and constn~ct $149,545 commercial space at 710-725 East California Avenue and 804-820 East California Avenue CDBG - Hou__elng City Building Department Clearance, Dcmolitien and Code $375,025 Enforcement within CDBG targeted areas HOME KCEOC CHDO set aside funds $145,000 for acquisition and rehabilitation of t ~mergency Shelter Grant (ESG) single family dwellings Clinica $icn'a Vista Homeless Salary and benefits for e full-time $21,738 Health Care Services Outreach Scrvice~ Coordinator assigned to Clinica's Homeless Health Care Mobile Medical Service Project Dcscr~ Counseling Clinic Provide shelter services to mentally $30,000 disabled, homeless persons Bakersfield Homeless Center - Cover costs to operate and maintain $43,000 Bethany Services Homeless Center TOTAL *NOTE: Evaluation of additional costs associated with prevailaing wage rates, Section 3 requirements as well as staff time to implement the projects have notyet been undertaker~ 2 AGREEMENT FOR PARTICIPATION IN CITY OF BAKERSFIELD TRAFFIC SIGNAL PREEMPTION SYSTEM AGREEMENT NO. THIS AGREEMENT is made and entered into on , 1996, by and between the CITY OF BAKERSFIELD, a California Charter city and municipal corporation ("CITY" herein) and GOLDEN EMPIRE AMBULANCE COMPANY, a California corporation ("GOLDEN EMPIRE" herein). RECITALS WHEREAS, CITY has initiated a program to retrofit all traffic signals within its jurisdictional boundaries to accommodate a traffic signal preemption system (opticom priority control by 3M) for use by the Bakersfield Fire Department; and WHEREAS, CITY now requires as a condition of all future development that any traffic signals installed henceforth shall be installed with said traffic signal preemption system; and WHEREAS, said traffic signal preemption system will reduce the response times for Code 3 emergencies and result in increased safety to the public and emergency vehicles during any emergency response; and WHEREAS, the aforesaid benefits would also inure to other emergency services participating in this system, all to the public benefit; and WHEREAS, GOLDEN EMPIRE desires to utilize said traffic signal preemption system and has agreed to provide funds to 'expand said system and to help provide for its continuing maintenance; and WHEREAS, CITY and GOLDEN EMPIRE desire to clarify and update this Agreement relative to the duties and responsibilities of each party. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and GOLDEN EMPIRE agree as follows: TERM. This Agreement shall commence upon January 1, 1997 and terminate on January 1, 2002 unless sooner terminated as herein provided. HEADINGS. All paragraph or section captions are for reference only and shall not be considered in construing this Agreement. Page 1 of 7 TIME. Time is of the essence in this Agreement. CONTRIBUTION PROCEDURE. GOLDEN EMPIRE agrees to contribute to CITY sufficient funds to purchase and install a minimum of three (3) opticom priority control systems per GOLDEN EMPIRE's fiscal year commencing January 1, 1997 for a period of five (5) years. The purchase and installation cost for fiscal year 1997-1998 for each unit is anticipated to be Five Thousand Three Hundred Fifty Dollars ($5,350.00) for a total contribution in GOLDEN EMPIRE's fiscal year 1997-1998 of a minimum of Sixteen Thousand and Fifty Dollars ($16,050.00) to CITY. The payment shall be made to CITY within thirty (30) calendar days of the beginning of the GOLDEN EMPIRE's fiscal year. CITY agrees to confer with GOLDEN EMPIRE as to the location of contributed units. However, the ultimate determination as to location of any contributed units rests solely within CITY's discretion based upon consideration of efficient use of resources to insure the maximum public safety benefit. All contributed units/funds become the sole, exclusive property of CITY upon the date of contribution. MAINTENANCE. It is anticipated that CITY shall incur $ annually for the cost of maintenance of said system which GOLDEN EMPIRE agrees to reimburse one-third (113) of the cost thereof to CITY. CITY shall provide to GOLDEN EMPIRE an itemiZed statement each CITY fiscal year commencing July 1, 1997 and each year thereafter which details the maintenance costs incurred. The term 'maintenance' shall include all reasonable repair to said system necessary to maintain and restore to sound operating condition after failure or damage from any cause. Any funds utilized for repair of systems damaged by. third parties shall be refunded to GOLDEN EMPIRE upon collection thereof by CITY. USE OF SYSTEM. GOLDEN EMPIRE specifically recognizes its access to the CITY's traffic signal preemption system limited solely to Code 3 (emergency lights and sirens) responses. GOLDEN EMPIRE also specifically recognizes that the Bakersfield Fire Department shall retain and exercise priority over GOLDEN EMPIRE in any use of said traffic control system as CITY fire vehicles shall utilize 'pdodty 2" status and GOLDEN EMPIRE Upriority 1" status. The parties recognize the numerically higher priority will preempt use by the lower priority number. The use of this traffic signal preemption system during an emergency (Code 3) response shall not operate to relieve the driver of an authorized emergency vehicle from the duty imposed by the Vehicle Code to drive with due regard for the safety of all persons and property. No rights or privileges not specifically identified herein are granted or implied. Page 2 of 7 AUDIT, At all times relative to the effective dates of this Agreement, CITY retains the right to undertake necessary audits of GOLDEN EMPIRE's use of said traffic signal preemption system in order to assure said system is only being utilized by GOLDEN EMPIRE and its agents or employees for Code 3 emergency responses. Any use of this system by GOLDEN EMPIRE, its agents or representatives, which is not expressly granted under the terms of this Agreement is expressly prohibited. This Agreement may be suspended or revoked by CITY in the event of failure to abide by all requirements herein. Suspension and/or revocation proceedings shall be initiated by CITY in conformance with Bakersfield Municipal Code § 5.10.100 and any appeals therefrom shall be made in conformance with Bakersfield Municipal Code § 5.10.150. Prior to suspension/revocation proceedings, the parties hereto shall confer in a good faith attempt to resolve all issues of dispute. Upon revocation of this Agreement as aforesaid all traffic signal preemption devices or funds contributed by GOLDEN EMPIRE become the sole exclusive property of CITY. Furthermore, in the event this Agreement is revoked as aforesaid, CITY shall be entitled to purchase from GOLDEN EMPIRE all emitter devices for their reasonable pro-rated value. INSTALLATION OF EMITTERS: The purchase of, installation, use, maintenance/repair and replacement(s) of emitters on vehicles utilized by GOLDEN EMPIRE for Code 3 emergency responses shall be the sole responsibility of GOLDEN EMPIRE for which the CITY shall incur no cost nor liability. An automatic switch shall be installed to turn the emitter off when the emergency vehicle is parked. TRAINING. CITY and GOLDEN EMPIRE agree to provide for employee training for the use, maintenance, repair and enhancement(s) of said traffic signal preemption system and the emitters installed in emergency response vehicles. ENHANCEMENTS TO SYSTEM: CITY shall retain sole, exclusive control over any and all enhancements, upgrades or modifications made to said traffic signal preemption system. GOLDEN EMPIRE shall, at its sole cost and liability; provide for enhancements to the emitters on its emergency response vehicles. REMEDIES. In addition to all of the remedies in law or equity which are available to CITY, in the event of GOLDEN EMPIRE's default, CITY, at its option shall be entitled to maintain sole ownership and possession of all contributed funds or traffic signal preemption devices pursuant to this Agreement. The remedies provided in this paragraph are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the Page 3 of 7 remedies incompatible. NEGATION OF PARTNERSHIP, CITY shall not become or be deemed a partner or joint venturer with GOLDEN EMPIRE or associate in any relationship with GOLDEN EMPIRE by reason of the provision of this Agreement. GOLDEN EMPIRE shall not for any purpose be considered an agent, officer or employee of CITY. INSURANCE, Liability insurance shall be procured and maintained by GOLDEN EMPIRE in compliance with the requirements of Bakersfield Municipal Code § 5.10.130. The insurance required hereunder shall be maintained for the duration of this Agreement. GOLDEN EMPIRE shall furnish the CITY Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION (a) Neither party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising solely from any act or omission of the other party's officers, agents and employees. (b) CITY and GOLDEN EMPIRE agree to defend, indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers, or employees) to such extent and in such part as the respective parties am found by mason of law to have proximately caused the injury' or damage. (c) The party against whom any claim arising from any subject matter of this agreement is filed shall give prompt notice of the filing of the claim to the other party. (d) The right to indemnification arises at the time of occurrence of the liability. (e) This Agreement shall not alter or modify the statutory immunities afforded to CITY as a "public entity" as that phrase is defined by California Government Code § 830.9. ASSIGNMENT, This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. Page 4 of 7 TERMINATION. In the event GOLDEN EMPIRE's certificate for the operation of ambulance services is revoked by CITY pursuant to Bakersfield Municipal Code Chapter 5.10, this Agreement shall be terminated the same effective date of revocation of said license. GOLDEN EMPIRE specifically acknowledges that subsequent to the contribution of funds each fiscal year to CITY, the systems purchased and installed thereby remain the sole, exclusive property of CITY. GOLDEN EMPIRE retains no right of ownership, access to, or use said system other than is provided herein. Upon mutual agreement of both parties, this Agreement is terminable upon thirty (30) days written notice. The parties hereto agree to meet on an annual basis to review the terms of this Agreement relative to maintenance/repair costs, technical enhancements or any duty or obligation of the parties setforth herein. BINDING EFFECT, The dghts and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. MERGER AND MODIFICATION, All prior agreements between the partieS are incorporated in this agreement which constitutes the entire contract. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or. arbitration proceeding, if any, involving this agreement. This agreement may be modified only in a writing approved by the CITY Council and signed by all the parties. COMPLIANCE WITH ALL LAWS. GOLDEN EMPIRE shall, at GOLDEN EMPIRE's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities' now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. Page 5 of 7 ATTORNEY'S FEES. In any action arising from or related to the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs and other nonreimbursable litigation expenses, such as expert witness fees and investigation expenses, whether or not such action proceeds to judgment. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. ACCOUNTING RECORDS. CITY shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at CITY's office during the period of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to GOLDEN EMPIRE's representatives upon request at any time during regular business hours. NEW~ RELEASE~IINTERVIEW$. All news releases, media interviews, or public comments by either party relative to this Agreement shall be jointly agreed upon by GOLDEN EMPIRE and CITY. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD CITY HALL 1501 Truxtun Avenue Bakersfield, California, 93301 (805) 326-3721. GOLDEN EMPIRE: GOLDEN EMPIRE AMBULANCE COMPANY 1001 21st Street Bakersfield, California 93301 (805) 322-8741 EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. Page 6 of 7 TAx NUMBERS. "GOLDEN EMPIRE" Federal Tax ID Number "GOLDEN EMPIRE" is a corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above .written. "CITY" "GOLDEN EMPIRE" CITY OF BAKERSFIELD GOLDEN EMPIRE AMBULANCE COMPANY By: By: BOB PRICE, Mayor Title: APPROVED AS TO CONTENT: BAKERSFIELD FIRE DEPARTMENT ' By: MICHAEL KELLY Fire Chief APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: MICHAEL G. ALLFORD Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director MGA~__.ONTRACTS~GEA.AGR Page 7 of 7 PUBLIC NOTICE City of Bakersfield Annual Action Plan Fiscal year 1996-97 30 Day Public Review - Public Hearing The City of Bakersfield Economic and Community Development Department (ECDD) has prepared a DRAFT Annual Action Plan for Fiscal Year 1996-97. The Plan outlines the activities to be undertaken to address community development and housing needs listed in the five-year Consolidated Plan 2000 adopted by the City Council in May 1995. The annual action plan identifies a total of $3,874,200 in entitlement and program income with projected use of funds for FY 96-97. These funds are from two programs: CDBG - $2,837,000 and, HOME - $1,036,500. A description of the proposed activities to be undertaken in the next Fiscal Year are listed below: Listing of Proposed Projects for FY 1996-97 Project Title & Purpose Description of Projects Budget/Funding Sources Golden Empire Gleaners Rehabilitation ora 37,033 sq. fL building at 3100 CDBG - $383,395 Rehabilitation Chester Avenue into administrative offices and Improvements Project warehouse for food for the disadvantaged and poor. (Phase I) - To renovate building for increasing administrative support and food warehouse space to benefit presumed low income residents. Martin Luther King Jr. To reconstruct existing parking lot and to enlarge CDBG - $26,551 Community Center the parking lot area. Parking lot lighting is to be Recreational Improvements installed. (Phase II) - To improve and to enlarge parking lot to facility. Chester Avenue Streetscape Streetscape improvements within the public right- CDBG - $356,306 Improvement Project - of-way along Chester Avenue between Truxtun Upgrading the Bakersfield Avenue and 23rd Street. urban core by doing a streetscape project on Chester Avenue. Panama #10 Curb & Gutter Construction of 6,040 l.f. of curb and gutter and CDBG - $274,315 Project (Phase II) - To related appurtenances and the reconstruction of facilitate drainage in a $116,920 sq. i~. of streets in the Panama # 10 area. primarily low income The area is bounded by Panama Lane on the north, residential area. Nadeau Street on the east, the Arvin Edison Canal on the south and Lowery Street on the west. Project Title & Purpose Description of Projects Budget/Funding Sources Downtown Street Reconstruction of existing street barriers for CDBG - $51,551 Improvement Barrier improving pedestrian and traffic flow in the Reconstruction Program downtown low/moderate areas. (Phase II) - To improve pedestrian safety and traff~c flow. Union Ave. #10 Area Water Phase II includes replacement of about 6,600 feet CDBG - $231,204 Main & Fire Hydrant of deteriorated 3-4 inch pipe with 8 inch pipe,'the Upgrade (Phase II) - To installation of 11 new fire hydrants and the improve fire flow protection replacement of about 6 fire hydrants in an area standards in a newly annexed bounded by East California Avenue on the north, low income area. King Street on the east, Potomac Avenue on the south and Union Avenue on the west. Street Lighting (Target Upgrading of existing street lights and the CDBG - $94,721 Areas) - Bringing area up to placement of new street lights to bring residential City street lighting standards. (non-commercial) streets in low/moderate income targeted areas up to City street lighting standards. Sidewalk Reconstruction Removal and reconstruction of dilapidated and CDBG - $88,102 Project (Phase II) - substandard sidewalk improvements in CDBG low Improvement of sidewalk income neighborhoods. pedestrian safety. Graffiti Removal Program - Removal of graffiti within ~;arious low/moderate CDBG - $129,772 To preserve low income income areas within the City. neighborhoods. Looking Good Initiate a neighborhood improvement program CDBG - $32,703 Neighborhood Program - To involving resident empowerment and general provide a public service to public service activities, such as clean-up days, low income residents for public health awareness, and educational neighborhood improvement, campaigns. CT 15 and 22. Incentive Area Funding of management and marketing services in CDBG - $18,513 Marketing/Training - To conjunction with the County of Kern and increase employment Employers Training Resources (ETR) to create opportunities for the S.E. area employment opportunities for low income persons. - a predominantly low income To be operated by ETR (County will match City area (office at 1101 East Belle funds). Terrace). Fair Housing Program Implementation of fair housing public services for CDBG - $105,897 Services - To affirmatively qualified residents city-wide. Includes education, further fair housing, intake, screening, testing and mediation/conciliation. Project Title & Purpose Description of Projects Budget/Funding ----- ~ Sources Home Access Grant Grants up to $2,000 for handicap accessibility in CDBG - $106,858 Program To provide privately or publicly owned residential structures in improvements for disabled neighborhoods city-wide. residents. Business Loan Program - To Financial assistance to qualified existing private CDBG - $139,050 promote job opportunities for for-profit entities for acquisition and/or low income persons, construction for commercial/industrial improvements within the City. Section 108 Loan Third of 10 installments of a loan payment CDBG - $336,069 Repayment regarding $2.5 million assistance to a developer for the Bakersfield for the Convention Center Hotel Project at 801 Convention Center - To Truxtun Avenue. promote job opportunities for low income persons. New Construction Housing development loans for costs related to HOME - $126,659 Assistance - To promote new construction of affordable housing. Primarily gap construction housing for low financing in the form of loans/grants (citywide). income residents. First Time Homebuyers Down payment and closing cost assistance for low HOME - $279,679 Assistance - To promote income families for first time home buyers homeownership. (citywide). Single-Family Rehab Loan Housing loans for the rehabilitation of single- HOME - $183,880 Program - To promote family dwellings for low income persons (deferred housing preservation for low and below market rate loans). income persons. Rehabilitation of Multi- Funding of loans for rental rehabilitation (deferred HOME - $136,965 Family Dwellings - To and below market rate loans). To benefit low promote multi-family income persons. preservation. CHDO Set Aside - To Loans for acquisition of dwellings for rehab and HOME - $152,159 promote homeownership for reselling to eligible low income buyers. To be low income persons. ~mplemented by a CHDO - Community Housing Development Organization. Service Delivery Costs for Staff and overhead costs directly related to carrying CDBG - $11,218 Housing Related Activities out single-family rehabilitation activities. HOME - $84.105 Total - $95,323 HOME Costs related to overall management and HOME - $77,053 Administration/Planning coordination of the HOME program. Costs of the City Project Title & Purpose Description of Projects Budget/Funding Sources Planning and Capacity Plans, strategies, and studies necessary for CDBG - $45,522 Building implementing HUD regulations and consolidated plan priorities. General Management Costs associated with overall program CDBG - $300,400 Oversight and Coordination management, coordination, and monitoring of the CDBG program. Indirect Costs Cost allocation charges from other City CDBG - $62,500 Departments. Public Information Provision of public information on federal CDBG - $23,707 programs and activities. Submissions of Applications Preparation of applications for submission to HUD CDBG - $19,346 for Federal Programs and other government programs. A draft of the Plan is available for review at the following places: ECDD, 515 Truxtun Ave.; City Clerk's Office, 1501 Truxtun Ave.; Beale Memorial Library, 701 Truxtun Ave.; Holloway-Gonzales Library, 506 E. Brundage Ln.; Baker Street Library, 1400 Baker St.; Northeast Library, 3719 Columbus Ave.; Rathbum Library, 200 W. China Grade Loop; Southwest Library, 8301 Ming Ave.; Wilson Library, 1901 Wilson Rd.; and CSUB Library, 9001 Stockdale Hwy. A public hearing for interested residents is scheduled for April 15, 1996, Monday at 6:00 p.m. at the Bakersfield Convention Center, Breckem'idge Room, 1001 Truxtun Ave. The Breckenridge Room is accessible to the disabled. For special arrangements please call the City 7 days prior to the meeting at 805/326-3764 (TDD number is 805/324-3631). On May 8, 1996, at the conclusion of the 30-day public review period, staffwill request that the City Council approve the Annual Plan for submission to the federal government. The deadline for submission to HUD i's May 15, 1996. 97plan.fbi .i- 11 111 HelpLine ~i~ Information& March 22, 1996 The Honorable Mayor Bob Price and City Council Members City of Bakersfield 1501 Tmxtun Avenue Bakersfield, CA 93301 Dear Honorable Mayor Bob Price and City Council Members: The purpose of. this letter is to request that the Referral Assistance Network of Kern (RANK) members make a brief presentation during the public statements portion of the April 3, 1996 City Council meeting. We would like to share with you the progress the Referral Assistance Network of Kern has made in implementing a county-wide, centralized and computerized information and referral service. In 1992, as a result of the Children's Summit, the Kern County Network for Children issued an Action Plan which determined that Kern County needed a county-wide information and referral (I & R) system easily accessible to City and County residents. In response to this need, community health and social services providers, representatives from local government and community-based organizations came together to form the Referral Assistance Network of Kern. RANK has received strong support from the community and from the great majority of Kern County agencies (see enclosed list of members). After much consideration, the Kern County Economic Opportunity Corporation (KCEOC) was chosen as the designated agency to administer the information and referral program now known as HelpLine. KCEOC is a Community Action Agency serving low-income, elderly, and disadvantaged residents of Kern County. HelpLine will benefit: · Agencies by prescreening referrals thereby reducing costs and stafftime spent on misdirected inquiry calls. · Clients by empowering them with accurate information ehabling them to make informed choices regarding available resources. · Local businesses by being a referral source available to their employees. · Community planners by identifying gaps and/or duplication of services. A program administered by the Kern County Economic Opportunity Corporation 300 - 19th Street · Bakersfield, CA 933014502 · (805) 336-5236 · FAX (805) 322-2237 The computerized database will contain program information on over 350 Agencies throughout Kern County. For example, if someone requests assistance in finding a health provider that accepts Medi- Cal because they are in need of an operation then they should call HelpLine. This is just one example where HeipLine can assist by providing a current list of surgeons accepting Medi-Cal. The necessary state-of-the-art computer equipment (which includes 5 PCs, a Network with a dedicated server, and a laser printer) have been purchased and installed. Data entry into a specialized information and referral database is currently in progress. The software has an excellent client tracking system designed to assist in future planning and needs assessments. In addition, five (5) work stations have been set up. The Referral Assistance Network of Kern has raised over $10,000 through fundralsing efforts and KCEOC has contributed approximately $60,000 in cash and $87,000 in in-kind support to set up the system. The telephone service is expected to be on-line by April 1996, after the completion of data input and the recruitment and training of I'& R Specialists and community volunteers. A media campaign will begin shortly thereafter. Kern County is one of the few counties that does not have a formalized I & R system in place. In other communities, operating funds and general support come directly from County, City, the United Way and private donations. It is estimated that the cost of the program will be $165,700 (proposed budget enclosed) annually. The greatest need for this program is on-going funding for the four (4) I & R Specialists. In addition to, or in lieu of funding, ItelpLine needs in-kind support staff to work full time for six month intervals to perform I & R Specialist functions. The Referral Assistance Network of Kern is requesting $16,570 (10% of proposed budget) in financial assistance from the City of Bakersfield or in-kind support staff. We are requesting that a City Representative participate on our Advisory Board. We would like to extend an invitation to the City Council to visit KCEOC for a demonstration of the HelpLine information and referral service at your convenience. Please contact Emily Gonzalez, I & R Coordinator for KCEOC at (805) 336-5236, extension 108 to set a meeting date. We look forward to making a presentation of HeipLine at the City Council meeting of April 3, 1996. Sincerely, Edward B. Velasquez ~/,'/ Nona Tolentino Executive Director, KCEOC Or RANK Facilitator Enclosures Page 2 Referral Assistance NetWork of Kern Supporting Agencies and Donors Ruben Burciaga Laura Dennison Richard Temple Clinica Sierra Vista League of Women Voters Bethany Services "D. Box 457 P.O. Box 132 1600 E. Truxtun ,amont, CA 93241 Bakersfield, CA 93302 Bakersfield, CA 93305 Michael Hulsizer Travis Howell Ken Garcia KCSOS Social Security Admin. Office of Sup. Shell 1300 17th St. 5300 Office Park K#100 1115 Truxtun Ave. Bakersfield, CA 93301 Bakersfield, CA 93309 Bakersfield, Ca 93301 Sister Debbie Hull Randi Battaglia Theresa Farmer Mercy Healthcare Bak. United Way Of K.Co. HEARTS Connection/KRC P.O. Box 119 175 Chester Ave. 3200 N. Sillect Bakersfield, CA 93302 Bakersfield, CA 93302 Bakersfield, CA 93302 Nona Tolentino Diane Atkinson Gayle Ortiz, MCAH Dept. of Human Srvcs SAFE Harbors Kern Co. Health Dept P.O. Box 511 2300-1 Melbourne 1700 Flower St Bakersfield, CA 93302 Bakersfield, CA 93309 Bakersfield, CA 93305 Julie Parsons Dr. Manzoor Massey Mark Smith Community Connection Kem Co. Health Dept. Community Development 5801 Sundale Ave., Bldg. #B 1700 Flower St. 2700 "M" St #250 nakersfield, CA 93309 Bakersfield, CA 93305 Bakersfield, CA 93301 Ms. Cindy Moore Edward Velasquez Robin Fleming P.O. Box 2567 KCEOC Alliance Against F.V. Bakersfield, CA 93303 300 19th St 2211 17th Street Bakersfield, CA 93301 Bakersfield, CA 93303 Alan Krauter Mardi Eastridge Sandy Mittelsteadt Office of the CEO Proteus c/o EDD East High School County of Kern 930 F Street 2200 Quincy 1115 Tmxtun Ave. Wasco, CA 93280-2099 Bakersfield, CA 93305 Bakersfield, CA 93301 Karen Cooley Myma James Joan Diggs, LCSW KC Child Abuse Council MAOF Memorial Hospital 730 Chester 2001 28th Street 420 34th Street Bakersfield, CA 93301 Bakersfield, CA 93301 Bakersfield, CA 93301 Joel Heinrichs Dr. Peggy Leapley Ginny Blair Co. Admin. Officer CSUB Dept. of Nursing Southwest Publishing 1115 Tmxmn Ave. 9001 Stockdale Hwy 1601 N. Stine #180 Bakersfield, CA 93301 Bakersfield, CA 93311 Bakersfield, CA 93309 r. B.A. Jinadu Donald Dudley, Dir. Sandy Falk K.Co. Health Dept. Dept of Human Services Kendrick Elementary 1700 Flower St. P.O. Box 511 2200 Faith Street Bakersfield, CA 93305 Bakersfield, CA 93302 Bakersfield, CA 93307 Referral Assistance Network of Kern Supporting Agencies and Donors Jane Warren Karen Shah Jennifer Endes Kern Regional Center Mercy Health Care Bak. United Way of Kern Co. 3200 N. Sillect P.O. Box 41011 175 Chester Ave. Bakersfield, CA 93302 Bakersfield, CA 93384 Bakersfield, CA 9302 Mardi Sharpies Ann Cervantes Jan Lundy H.A.C.K. Mercy Health Care Bak. Lutheran Soc Services 525 Roberts Lane 631 E. California Ave. 1921 19th Suite B Bakersfield, Ca 93308 Bakersfield, CA 93307 Bakersfield, CA 93301 Susan Whitney, Aspera Jeff Coomber Darlene Prettyman Foster Family Services Braille Center of KC Good Samaritan Hosp. 1701 "F" Street 1124 Baker Street 901 Olive Drive Bakersfield, CA 93301 Bakersfield, CA 93305 Bakersfield, CA 93308 Sharon Martin John Noriega Natalie Sentz Greater Bakersfield Kern Regional Center KCCFSA Director Chamber of Commerce' 3200 N. Sillect 1300 17th Street 1033 Truxtun Avenue Bakersfield, CA 93302 Bakersfield, CA 93301 Bakersfield, CA 93301 Sharon Casey George Gonzales Esteban Calderon Griffin Communications City of Bakersfield 1527 - 19th Street, Ste. 300 1930 Tmxmn AvenUe 515 Truxtun Avenue Bakersfield, CA 93301 Bakersfield, CA 93301 Bakersfield, CA 93301 John W. Smith Marsha A. Carlson Kathy Daniels K.C. Office on Aging Alzheimer's Disease Assoc. Good Samaritan Hospital 2717 "O" Street 2218 Brundage Lane, Ste. B 901 Olive Drive Bakersfield, CA 93301 Bakersfield, CA 93304 Bakersfield, CA 93308 Rosanna Westmoreland Sandra Medina Gary Boleschka Kaiser Permanente K.C. Mental Health 1831 Ridge Road 5055 California Ave., #240 2151 College Avenue Bakersfield, CA 93305 Bakersfield, CA 93309 Bakersfield, CA 93305 Sadie McCollough Deanna Cloud Jim Burroughs, Grant Writer 4412 Tyndall Avenue Children's System of Care B.C.S.D. Bakersfield, CA 93313 3715 Columbus Street 1300 Baker Street Bakersfield, CA 93306 Bakersfield, CA 93305 Jacqueline Day Richard Brow Alliance Against Family Violence E.D.D. 1921 - 19th Street 1924 "Q" Street Bakersfield, CA 93301 Bakersfield, CA 93301 Referral Assistance Network of Kern CONTRIBUTIONS AND DONATIONS As of March 8, 1996 CASH CONTRIBUTIONS FR OM SUPPOR TING AGENCIES; $ 3,500 United Way of Kern County $ 2,500 Texaco Foundation $ 1,000 Kem Regional Center/H.E.A.R.T.S. Connection) $ 1,000 Kaiser Permanente $ 761 Bakersfield City School District SAFE Harbors Collaborative $ 500 Congressman Bill Thomas $ 500 Kern County Superintendent of Schools $ 500 Mercy HealthCare Bakersfield $ 300 Ms. Nona Tolentino (Annual Contribution through United Way) $ 100 Ms. Laura Dennison $10,661' * AppHied to software purchase and network costs. KCEOC CASH CONTRIBUTION: $19,625 6 state-of-the-art computers and 1 Laser Printer $16,000 Telephone System $ 3,000 Office furniture (desks, chairs, and ergonomical equipment) $ 3,000 Office construction $12.000 LAN installation and linkage for future Intemet access $ 53,625 KCEOC IN-KIND: $67,875 2 Administrative Analysts' time $10,000 I Administrative Secretary $ 6,000 Office space and utilities $ 1,000 Office supplies $ 2,000 Photocopying $ 86,875** ** Approximate Referral Assistance Network of Kern Proposed Annual Bud_aet TOTAL pERSONNEL COSTS Program Salades $ 16,000 I & R Specialists (4 @ $22,500) $ 90,000 Fringe Benefits @ 28% $ 29,680 TOTAL PERSONNEL COSTS $135,680 OPERATING COSTS Travel / Staff Development $ 4,000 Space $ 2,080 Consumable Supplies $ 14,000 Equipment $ 4,000 Contract Services I Consultants $ 4,740 Other Expenses $ 1,230 TOTAL OPERATING COSTS $ 30,050 TOTAL RANK BUDGET $165,730 The Bakersfie~ Californian Group's Tuesday, January 16, 1996 BI, B2 fingers do the walldng. Network pointS NE'IWORK: Donations sought for new program wayto services ~~~'" '~ '~ ~ ~ Women lnfants and Children and the Center and Kaiser Pernmaente. theKemCountyNetwodtofChiidren, Kern County Food Bank. KCEOC contributed the balance, plus which w~ the calzly~t fo~ RANWs ByANDYKEHE "Airart ai~other counties have time and supp[ies duting the [ast two [~~gliL~tfocused~ referral guidance on a variety of service available to the public," But with KCl~OC's coffers bled dry vidual agencies ~ spend lime social or economic questions so~ Ve~quezsaid. by the sUgt~p cm~ Velasquez is taxpayers'moneytalkingtomisdtw~ bulgingqua~ire. RANK itself mig~ want m dhl it uP to firing sources to keep ~e service Velasquezsaid. By calling one number, the Iocate sources to help pay for coflfin- operafiomd, including agencies "Meco~lly,~orthesGphtstJ- Refetral Assistance Network of Kem uedoperation. Start. up costs of mom alveady~by~ .- shopping for those seeking the lwoper money for RANKs $156j?~ oper~ sakt "Start-up co~s have been paid calls nnd the services being ~unty Fa2om~mic ~W Goq~ tributed about $10,000 towird the oug either fire)ugh direct fumtn~ or b~ anyt~e.. current~ are collecting and'entem~ $38,300 in start-up costs, which personnel~." "We can pvuvtde that data and (hta from the approximately 3fiO inclmJed~~~f~~ Vebsquezsaidhisprefetence~'m (tluee)vepoflnto~orfanin- work of its kind in Kern Count," ~ Edward Velasque~ dimctor of ~ · KCEOC, which also administe~ Head Start, the Family Heal~ Clinic, Information and Referral Service BACKGROUND In March of 1992, as a result of the Children's Summit, the Kern County Network for Children issued an Action Plan for the citizens of Kern County. At that time it was determined that Kern County needed a county-wide information and referral (I & R) system easily accessible to individuals and agency representatives. In response to this initiative, community health and social service providers, representatives from local government and community-based organizations came together to form the Referral Assistance Network of Kern (RANK) Collaborative. After much consideration, the Kern County Economic Opportunity Corporation (KCEOC) was chosen as the designated agency to administer the information and referral program now known as HelpLine. HelpLine Information and Referral Service is a program which provides a comprehensive computerized information and referral service to individuals seeking assistance by linking them to the appropriate agencies providing the needed services in an effective and efficient manner. HelpLine is designed to assist: · People who have some kind of personal, health or social problem and do not know where to turn for help. · Other social service agencies in finding additional resources for their clients. · Individuals who have been "shuffled" from one agency to another or who have multiple and complex needs such that no one agency, alone can help them. · Individuals and/or businesses inquiring about general services available in their communities. HelpLine benefits the public by empowering individuals with accurate information which enables them to make informed choices regarding available resources. An integrated service delivery system will assist families at the first sign of crisis. HelpLine will also assist in long-range community planning by identifying gaps, overlaps and duplication of services. In the long run, a coordinated system will save our community a substantial amount of money. COST SAVINGS This information and referral service would provide cost savings in at least two direct and immediate ways: 1. A reduction in staff time spent on I & R activities by non-profit agencies, government agencies, elected officials, law enforcement agencies, and for-profit service providers. 2. A more accessible safety-net of providers to assist at the first sign of crisis. WHERE WE ARE NOW Computer equipment (which includes 5 PC's, a Network with a dedicated server, and a. laser printer) have been purchased and installed. · A specialized information and referral software has been purchased and installed. The software has an excellent client tracking system designed to assist in future planning/needs assessments. · Five (5) work stations have been set up and are ready to be used. · Over 300 Agency questionnaires have been mailed and the telephone follow-up has begun. Data entry into database is currently in progress. · Comprehensive Telephone system has been installed. Telephone service is expected to be on-line by April 1996, after the completion of data input and the recruitment and training of I & R Specialists and community volunteers. · Preparation for marketing campaign will inclu~le public service announcements, newspaper articles, radio and television spots, brochures/literature, and a speaker's bureau (April 1996). WHAT OUR NEEDS ARE The plan is to go on-line with four (4) I & R Specialists. On-going funding for four (4) I & R Specialists is currently being requested. In addition to, or in lieu of funding, RANK needs in-kind support staff to work full time for six month intervals to perform I & R Specialist functions. RANK is also in the process of recruiting community volunteers to compliment the program. Volunteers will be an integral part of the RANK operation, and will be utilized to fill in gaps and assist with special projects. TOTAL pERSONNEL COSTS Program Salades $ 16,000 I & R Specialists (4 @ $22,500) $ 90,000 Fdnge Benefits @ 28% $ 29,680 TOTAL PERSONNEL COSTS $135,680 OPERATING COSTS Travel/Staff Development $ 4,000 Space $ 2,080 Consumable Supplies $ 14,000 Equipment $ 4,000 Contract Services / Consultants $ 4,740 Other Expenses $ 1,230 TOTAL OPERATING COSTS $ 30,050 TOTAL RANK BUDGET $165,730 REFERRAL ASSISTANCE NETWORK OF KERN ~UPPORTING AGENCIES AND DONORS Alliance Against Family Violence & Sexual Assault, American Heart Association, Bakersfield Californian, Bakersfield City School District: SAFE Harbors Collaborative, Bakersfield Memodal Hospital, Bethany Services, Clinica Sierra Vista, Community Connection for Child Care, Congressman William M. Thomas, Department of Human Services, Employment Development Dept., Good Samaritan Hospital, Housing Authority of Kern, Kaiser Permanente, Kern Child Abuse Prevention Council, Kern County Community Development, Kern County Economic Opportunity Corp., Kern County Network for Children, Kern County Health Dept., Kern County Mental Health Dept., Kern County Probation Dept., Kern County Office on Aging - Senior I & R, Kern County Superintendent of Schools, Kern Health Careers Resource Consortium, Kern Medical Center, Kern Regional Center/H.E.A.R.T.S. Connection, League of Women Voters of Bakersfield, Mexican American Opportunity Foundation, Mercy Healthcare Bakersfield, Mercy Hospital, Office of Mary K. Shell - Supervisor 5th District, Proteus, Social Security Administration, Texaco, United Way of Kern County, and the YWCA. INFORMATION AND REFERRAL SPECIALIST Job Description TITLE: Information and Referral Specialist REPORT TO: RANK prOgram Coordinator DUTIES: Assess the needs of clients by telephone, provide Information & Referral to clients, utilize a comprehensive computer data base, collect and record client data for statistical and planning purposes, assist in the continuous updating of resource information. Assigned to special projects as need arises. QUALIFICATIONS: Excellent communication skills, strong organizational and analytical skills, work effectively with individuals from diverse socioeconomic and ethnic backgrounds, familiarity with computers (and mouse), some knowledge of community resources would also be desirable. TRAINING & BENEFITS: I & R orientation training and on-the-job training. Specialist acquires valuable mining and knowledge of community resources. ' WORK SCHEDULE: 8:00 a.m. to 5:00 p.m. TIME COMMITMENT: Minimum of six months commitment. IMPORTANCE OF JOB: Specialist in this position will be helping to link individuals in need of resources with appropriate service providers in a timely and efficient manner.