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HomeMy WebLinkAbout03/27/2009 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM / March 27, 2009 TO: Honorable Mayor and City Counci-I FROM: Alan Tandy, City Manager SUBJECT: General Information GOOD NEWS!!!!!!!!! • The long awaited Department of Energy, Energy Efficiency and Conservation Block Grant (EECBG) Guidelines were released, and we are scheduled to get $3,040,700. We have until June 25, 2009 to turn in our application to receive the formula funding. Likely projects will include solar panels to generate electricity for the wastewater plant, greenwaste site and Sports Village. • Congratulations to Don Cohen and the Convention and Visitors Bureau for bringing the CIF State Championship Basketball to Bakersfield in 2010! • Progress is continuing on the Allen Road Bridge, and is still on track to be completed by June 8, 2009. Staff expects that concrete will be poured on the last quarter of the bridge by the third week in April. More details are enclosed. • Through the Bakersfield Redevelopment Agency, staff will submit a new Infill Infrastructure Grant in the amount of $10,847,200 to assist with the costs of construction, rehabilitation, demolition, acquisition, or other physical improvements to the infrastructure supporting Mill Creek. This area encompasses specifically, 17th /18th Street Mill Creek Plaza hardscape improvements, landscaping, safety fencing and lighting; Central Park landscape and hardscape improvements; 20th Street parking structure; Q Street Improvements — streetscape, sidewalks, lighting etc.; and additional street improvements required for South Mill Creek, including sidewalks, streetlights, street trees, irrigation, curb/gutter, pedestrian crossings, and pedestrian walkways on S and R Streets and on 13th and 14th Streets. The Mill Creek project is planned to stimulate new commercial, industrial, and residential construction, through the rehabilitation of existing commercial and industrial building sites, and through infrastructure improvements. The deadline for the competitive application is due to the California Department of Housing and Community Development on April 1, 2009. We tried this once before, and were not successful. This time, we are hoping for the best! Please call if you have questions or concerns. • Last week I wrote that the Council of Governments had shut us out of stimulus funding. The state legislature this week changed the rules and the COG will meet again on March Honorable Mayor and City Council March 27, 2009 Page 2 31St and will vote under the new rules. The COG staff recommended alternative would give all the cities double their expected allocations — in our case $6 million would go to $12 million for arterial street resurfacing. Hopefully the vote will go the right way this time around. MORE ON THE BUDGET AND THE ECONOMY 1. Our quarterly sales tax information is in. This is for the period when the economy fell apart — October to December of 2008. It is down 6% as compared to the same quarter last year. The sales tax number has been in decline for eight of the last nine quarters. The good news is that it is in accordance with our revised estimates and, at least at this time, we do not have to cut deeper into next year's budget than we had otherwise been planning! 2. The state has gotten us again! This time it is the Department of Conservation. You will recall a $1.5 million grant for recycling equipment and the Council actually awarded bids. We have now received notice that the state has loaned the money out for other purposes and the grant is frozen until at least August — maybe longer. We fortunately structured the bids so that we will not be out any direct costs. We were also out for an RFP on operating the equipment — that will have to be put on hold as well. Unfortunate! 3. Enclosed are more articles from various newspapers that highlight the difficult times cities are facing and how they are adjusting their budgets. BAKERSFIELD, CA - Layoffs at local businesses continue to take place. Earlier this week, the Bakersfield Californian let 20 people go. One of those employees was James Geluso, the reporter who covered City government. AUBURN, CA — Eighteen top-level and mid-management staff and elected officials have agreed to 10% pay cuts and to assume payments for the employee portion of CaIPERS premiums currently paid by the city. "All have volunteered to take those preferring to essentially spread out the economic pain to each person rather than lay off fellow employees," said City Manager Bob Richardson. The city has also opened conversations with other labor groups. VALLEJO, CA — Last week, a bankruptcy judge ruled that he is empowered to throw out city firefighters' and general non-management employees' exiting contracts, at the City's request. On Friday, the City of Vallejo and two holdout unions failed to reach new contract agreements, setting the stage for a courtroom showdown that could dissolve the employee pacts more than a year before they are to expire. SACRAMENTO, CA — The City of Sacramento is likely barred from receiving any further federal stimulus money as a result of actions by the Mayor prior to him being elected to the position. Reports indicate he misused federal funds. The City Attorney is optimistic this will be resolved and that there will ultimately be zero impact on the City's eligibility to receive federal funds. Honorable Mayor and City Council March 27, 2009 Page 3 According to the enclosed article from the Los Angeles Times, UCLA economists forecast that the economy in California may stop shrinking by the fourth quarter of this year, but it will remain flat and probably will not grow until early to mid 2010. They also expect that residential construction on a national level will begin to turn around at this same time. MISCELLANEOUS CITY NEWS —� The PFA meeting will begin at 5:15 p.m. next Wednesday, followed by the regular City Council meeting. Darin Budak, Parks Superintendent, was the featured expert in the March issue of Sports Field Management. This magazine is distributed across the country to agencies that have sports turf as well as golf courses. -� The Bakersfield "Biggest Loser" contestants have lost a total of 765.3 pounds to date, with two more weigh-ins to go, these are great results! Team results are now posted on the intranet and all 102 contestants are still competing. The Spring Festival at the Park at River Walk is this weekend. Saturday's events include the Great America clean-up, childrens games, art displays, craft fair, food vendors and a free concert at the Bright House Amphitheatre. Sunday's events include a rubber duck race, arts and crafts, childrens play area, and small stage entertainment. There will be something for the whole family! Due to noticeable stress on large Coastal Redwoods in the City, staff is proposing a two- year study to identify the problems and take any necessary steps to improve the health of the trees. A memo from the Recreation and Parks Department provides more details. -� The Streets Division work schedule for the week of March 301h is enclosed. Responses to Council requests are enclosed, as follows: Councilmember Carson • Use of Local Workers on City Construction, and Councilmember Sullivan • Debris at the Akers and Planz. AT:rs:rk cc: Department Heads Pamela McCarthy, City Clerk Roberta Gafford, Assistant City Clerk BAKE t1 r U rJ MEMORANDUM IF O TO: Alan Tandy, City Manager - FROM: Nelson K. Smith, Finance Director Ofl DATE: March 23, 2009 SUBJECT: Sales Tax Update I received the most recent quarterly sales tax data, which reflects the activity and sales during the months of October, November and December of 2008. The quarterly and annual trend information is as follows: Comparing the most recent quarter with the same quarter last year—negative 6.09 %. Comparing the most recent four quarters with the prior four quarters—negative 1.42 %. This is the eighth quarter out of the past nine quarters where we have seen a negative trend compared to the same quarter of the prior year. The annualized revenue trend is still negative ( - 1.42 %). The good news is that the negative trend of (6.09%) is not as bad as we were expecting, given the stock market crash in October 2008 and the slump in the retail market. While this quarters' information isn't horrible news, I would expect the negative trend to continue into the next quarter, given the number of store closures, historic low's in new automobile sales and the almost daily reporting of job losses across the State. Attachment cc: John W. Stinson File name: nks:/p:/memo-sales tax update march 2009.doc rn 0 0 N N Cy. � O O O � O N N cz O C7 O O �t cz N O (D CY) U T (� O CO T L N r C'7 Cfl O 0 U o C CO N +- d O T 00 UW C T T T T C Cfl N O N 0 0 0) Cfl O N O N CZ N 't O N O (D CZ T N T. T TO O 00 C/D1 co O O .r LO 1 V^ `T ^E O O (Q 6s f� _ 0 cn L L O N O i C F-- CZ i 00 co =3 0 O O 0 O O N N O N N O N N N � L L 7C3 0 L- o N 0 > N Q Z , O Q) cz 0) Z LL Q CZ U) U) cz a v c 0 Q O O Cl) cz Q- vJ E � ' U I+-- L CIO U C o L i 0 cz L O I 00 CD T a tLS _ Q L O N CO LO 0) r O N r 0 E .0 T t _ Ufl- a = co N r •= = 0o r a> N L (0 � L c Q C7 N C) N N c'0 T T T T �+J (D N M O ,~ DT VT VT VT 60- ,~ 6% 6s VT vT to Cc 1 Q N m 0 (� x F- F W CL N N N N O p O O Y O L 0) 0) +- O N N N N X O .E C Q U O L U i 0) +% M 1) C Q Cn ) 0) Q cz U) a) _ Q Z Z LL Q 0 L U M Q O U U >, W Q O O Q Z Californian cuts 12 percent of staff- Today's Paper> Local News I Bakersfield.com - Kern County ne... Page 1 of 1 LOCAL NEWS .................................................................................................................................................................... Home>Today's Paper> Local News ..................................................................... ........................................................ .......................................................................... RSS Feed a Print Story El E-mail Story Buzz up! Californian cuts 12 percent of staff BY JOHN COX, Californian staff writer jcox @bakersfield.com l Wednesday, Mar 25 2009 9:09 AM Last Updated; Wednesday, Mar 2S 2009 9:09 AM The Californian cut 26 positions Tuesday, or about 12 percent of its work force, including 14 newsroom layoffs. All were offered severance packages. Coming on the heels of a 30 percent year-over-year decline in advertising revenues,Tuesday's cutbacks accompanied companywide pay cuts of 5 percent effective March 30,and an indefinite stop to the company's contributions to 401(k) plans. "We have to cut expenses everywhere we can,"President and CEO Richard Beene said in a written statement. Beene announced Tuesday that Olivia Garcia, publisher of Mercado Nuevo, a wholly owned subsidiary of The Californian, was promoted to become the company's vice president/content in charge of written and visual content across all the company's publications. Mike Jenner will remain as editor and will report directly to Garcia. Also,Vice President/Interactive Logan Molen was named senior vice president and chief operating officer. And Vice President/CFO Motoko Komatsubara was appointed senior vice president in charge of all affiliate companies and new revenue initiatives. In December the newspaper and one of its subsidiaries laid off 25 employees, or about 10 percent of its work force at the time. Seven of those jobs were newsroom positions. That move followed the elimination of 40 positions In June 2007; only 10 of those resulted in actual layoffs. Four of the 26 jobs lost Tuesday involved buyouts, and two others resulted from the elimination of vacant positions. Newspapers across the country have cut their staffs recently as advertising revenues continue to plummet. On Tuesday,The Houston Chronicle began laying off about 12 percent of its staff"amid unprecedented change in the newspaper industry,"publisher and president Jack Sweeney said in a story posted on the newspaper's Web site. That newspaper is owned by Hearst Corp.,which stopped printing the Seattle Post-Intelligencer last week, Hearst also has said it may close the San Francisco Chronicle. RSS Feed a Print Story E-mail Story Buzz up! http://www.bakersfield.com/102/story/72592 Lhtml 3/26/2009 1 Twenty-six jobs cut at The Bakerfieellld Californian: Twent/yy laid off I KGET TV 17 Pagel of 3 Twenty-six jobs cut at The Bakerfield Californian: Twenty laid off Last Update: 3/24 10:46 pm Twenty Bakersfield Californian employees were laid off 3 f y Tuesday and a total of 26 jobs were cut. In a memo sent to the newspapers employees, President and CEO Richard Beene outlined the actions taken. The memo stated that four people took buyouts, two of the f positions were vacant and 20 people were laid off. Other cost cutting measures outlined in the memo include: • Effective march 30 all non-rep employees will take a 5% 3 pay cut. • Contributions to the company 401(k) plan have been suspended indefinitely. . A hiring freeze remains in effect across the company. . There will be no raises this year. • The company is cutting back on charitable contributions. . It is renegotiating contracts with major vendors to save money and looking at ways to reduce electrical usage throughout both facilities. Memo from Californian President and CEO Richard Beene March 24, 2009 To: All TBC employees From: Richard Beene, president & CEO As you know today our company experienced another round of painful downsizing in response to a very tough economy. It is the second staff reduction we have had in four months, a reflection of the ongoing advertising slump that shows no signs of relenting. At our meeting earlier this month, we talked about the fact that the sharp drop in revenue would likely mean more layoffs. We asked for thoughts on how we could cut expenses and many of you came forward with terrific ideas, some of which we have implemented. These ideas clearly helped soften the blow of today's layoffs, but they fell short of making up the amount of money we have lost because of the slump in advertising. Today's actions mean we have trimmed another 11 percent of our workforce. Some of those leaving took a buyout targeted at certain areas, while others were simply laid off. These cuts were spread throughout our company; almost every division was impacted. Altogether we eliminated 26 positions. Four people took buyouts, two of the positions were vacant and 20 people were laid off. In addition we are implementing further cost saving measures, including: Effective March 30 all non-rep employees will take a 5 percent pay cut. The Guild also has agreed to a similar reduction. http://www.kget.com/news/local/story/Twenty-six jobs-cut-at-The-Bakerfield-Cali fornian/... 3/25/?000 Twenty-six jobs cut at The Bakerfield Californian: Twenty laid off I KGET TV 17 Page 2 of 3 Contributions to our company 401(k) plan have been suspended indefinitely. A hiring freeze remains in effect across the company. There will be no raises this year. We have seriously cut back on our company charitable contributions. We are renegotiating contracts with our major vendors to save money. We are looking at ways to reduce our electrical usage throughout both facilities. I know everyone is reeling from this painful but necessary move. But it's important to remember that in struggle comes opportunity. Now is not a time for us to hunker down and wait for the economy to improve. Instead, it's a time to embrace the changes buffeting our industry to "reinvent" ourselves and come out stronger. If there is one thing that is clear it is this: the old mass market newspaper model is no longer sustainable. We simply can't be everything to everyone, and in fact the worst thing we could do is to plod on doing the same things the same ways. It's time to get serious about change. Our focus going forward will be on serving key advertising segments and highly targeted readership groups. Our sales and news efforts must be aligned with our overall strategic focus. Along those lines, I am announcing several key changes to our executive management team, effective today. First, I am happy to announce that Logan Molen has been appointed Senior VP/chief operating officer. He will continue on with his current duties overseeing our online strategy but will take on a greater role in the day to day operations of the company. One of his first duties will be helping oversee a total redesign and redirection of both Bakersfield.com and The Californian. Second, Motoko Komatsubara now becomes Senior VP/CFO. All affiliate companies, including Valley Direct Inc. and Mercado Nuevo, will report to her. I will specifically be looking to Motoko to lead the drive for new niche products to grow revenue both inside The Californian (working with VP Sales John Wells) and in the affiliate companies. Finally, Olivia Garcia, currently publisher at Mercado Nuevo, now takes on the new role of VP/Content. Olivia will now be in charge of all content creation at The Californian, Mercado and Valley Direct, bringing a coordinated strategy to the use of content across all products and platforms. As such, Olivia will be in direct charge of the Californian newsroom. I will be looking to Olivia to accelerate the use of user generated content and to lead the effort to "reinvent" the core role of the newsroom in our organization. Mike Jenner will remain as editor of the newsroom. He will report directly to Olivia. Though saying goodbye to anyone is painful, we all need to look forward and to call on all of our creative instincts to rethink how we do things. I look forward to working with you in the weeks and months ahead. Richard Beene President & CEO The Bakersfield Californian http://www.kget.com/news/local/story/Twenty-six-j obs-cut-at-The-Bakerfield-Californian/... 3/?5/?009 City executives, managers accept pay cuts -Auburn Journal Pagel of 2 PRINT THIS • CLOSE WINDOW 3/19/09 12 comments 1 689 views - - SHARE City executives, managers accept pay cuts - By Michelle Miller-Carl Journal News Editor Eighteen top-level and mid-management Auburn city employees and elected officials have agreed to have their pay trimmed by 10 percent starting May 1. The agreement, which could be made official by a vote of the City Council at its Monday meeting,was an effort to avoid layoffs. "All have volunteered to take those preferring to essentially spread out the economic pain to each person rather than lay off fellow employees,"said City Manager Bob Richardson. Richardson will face a 10 percent pay cut along with five other executive-level staff and five mid-level managers.The city clerk,five city councilmembers and city treasurer will also have their stipends reduced by 10 percent. "It's an uncomfortable situation, and we're doing what we can to make it as painless as we can,"said Lisa Hoffrogge, city building official and a representative for the mid-level management bargaining group. "We chose(an option)we felt helped the city the most and inflicted as little pain on us as possible." The reduction in pay is part of a cost-savings plan that would save the city$25,000 this fiscal year and $150,000 in the 2009-10 fiscal year. The plan also calls for changes to CalPERS benefits. Staff will have to assume payments for the employee portion of CalPERS premiums currently paid by the city. The tumbling economy has meant less sales-tax revenue than was forecast in the city's budget. "The City of Auburn is a reflection of the current local, national and worldwide economics,"Richardson said."We're having to adjust to this new economic climate and believe that by sharing cuts among all employees we can retain all service levels and employees." The city has also opened conversations will other labor groups—police,fire and Local 39.A closed session conference with labor negotiators is scheduled for 5:30 p.m. Monday, before the city council meeting. The Auburn City Council will convene at 6 p.m. Monday at City Hall, 1225 Lincoln Way in Auburn. Positions affected by pay cut City manager Administrative services director Community development director Police chief Fire chief Public works director Building official Senior planner Engineering division manager Administrative services manager http://aubumjoumal.com/detail/109158.html?sub_ld=109158&print=1 3/25/2009 Last-minute bargaining fails - Vallejo Times Herald Page 1 of 2 TimesmHerald Last-minute bargaining settlement talks. fails The ongoing stalemate came after separate meetings between city negotiators and representatives of two unions,the International Association of Firefighters, Local 1186,and International Brotherhood of By Jessica A.York/Times-Herald staff writer Electrical Workers local 2376.The city has reached agreement with its two other unions,including Posed.0330..'.1120(0501:01:0£0,1%M POT police officers. City bankruptcy spokeswoman JoAnn West would not disclose the details of city concerns raised during Friday's negotiations. a I Iftii ftd�u�. li r Vallejo firefighters said that among concessions they offered this week and that the city rejected Friday morning was the elimination of minimum " daily staffing requirements. The city also turned down proposed management control language,caps on health insurance coverage,sick leave payment at separation,vacation, discretionary and union business leaves,union officials said. One sticking point among many in the bargaining was that the daily staffing could be reduced,but not Kurt Henke,president of Local 1186,International individual fire truck personnel levels.That means Association of Firefighters,talks about contract that more fire stations could be closed,but at least negotiations with the city of Vallejo.(Chris three firefighters would need to remain on engine RileyrTimes-Herald) trucks and four on the ladder truck,International Association of Firefighters President Kurt Henke said Friday. Despite a federal judge's prodding,Vallejo and two "We have moved monumentally in their direction on holdout unions failed Friday to reach new contract all issues;they have moved very little in our agreements,setting the stage for a courtroom direction,"Henke said. showdown that could dissolve the employee pacts more than a year before they are to expire. Henke added that the city also wanted the contract to expire in only a year and have more general And no further bargaining is planned before management control to rearrange the fire Monday's scheduled hearing before U.S.Bankruptcy department's structure. Judge Michael McManus,who ruled last week that he is empowered to throw out city firefighters'and general non-management employees'exiting contracts,at the city's request. McManus delayed dissolving the contracts,asking for information on city bankruptcy expenses spread to restricted funds and suggesting a new round of Advertisement 4k 3 r MO F MORTGAGE YOURSELF A COMA ETf STEP BY STfPGUIDE Visit GetY urLoa NlodDVD. om Now! Pririt Powered By t r,111,1 rna Dyn mic=; http://www.timesberaldonline.com/news/ci-1 1965977 3/26/2009 1 Last-minute bargaining fails - Vallejo Times Herald Page 2 of 2 r City negotiators were okay with proposed$2 million bankruptcy claims spread over five years, Henke said. The current contracts are set to expire in June 2010. The city and representatives of IBEW,Local 2376, also met Friday without success,said union vice president Ken Shoemaker. Shoemaker said contract change disagreements had been narrowed to one final issue:health insurance. Almost all other concerns,he said,have been settled. "We've asked to see cost projections for health care and our retirees because we want to see the long- term cost savings,"Shoemaker said."At least now we're down to one item that we can totally focus on and resolve." Specifically,Shoemaker said,the city has proposed that new employees and retirees pay 25 percent of their health insurance costs. Shoemaker said in recent years retirees have already been paying about 41 percent and noted that there are no new hirings on the horizon. He added that if new workers are asked to pay a share of their health care while current employees do not have to,a two-tier class system would exist. "It creates problems when you have...'haves'and 'have-nots,'"Shoemaker said. Contact staff writer Jessica A. York at(707)553- 6834 orjyork @thnewsnet.com Advertisement software Loan Modification WD + $" fr MODIFY YOUR MORTGAGE YOURSELF A COMPL ETE STEM'b y STEP GUIDE Visit GetY6urLoanM0dDVD.com Now! Print Powered By " It :I Dyna ti httP://Ww-w.tjmesheraldonline.com/news/ci—I 1965977 3/26/2009 Mayor's status may imperil Sacramento's federal stimulus funds, lawyer says - Sacramento News - Loc... Page 1 of 3 This story is taken from Sacbee/ Our Region Mayor's status may imperil Sacramento's federal stimulus funds, lawyer says rliiiis @sacbee.com Published Saturday, Mar. 21, 2009 The city of Sacramento likely is barred from getting federal money - including tens of millions the city is expecting from the new stimulus package - because Mayor Kevin Johnson is on a list of individuals forbidden from receiving federal funds, according to a leading attorney the city commissioned to look into the issue. Federal authorities placed Johnson and the nonprofit Hood Corps organization he founded on the federal list last year- before he was elected mayor- following a preliminary investigation into allegations that the urban Peace Corps-style program had misused federal funds. Federal officials said the allegations were so serious the funding suspension was warranted. Shortly after Johnson's election last November, City Attorney Eileen Teichert hired Frederic M. Levy - regarded as an expert on government contracting and compliance - to determine whether Johnson's inclusion on that list posed an issue for the city when it sought federal funding.Teichert had said before the election she thought Johnson's inclusion on the list would not threaten the city's access to federal aid. Levy's response is laid out in a confidential memo, obtained by The Bee, that was distributed this week to City Council members. The question, he said, is whether federal agencies consider the mayor a "principal" in city financial decisions; if the answer is yes, he wrote, it would "prevent the City from obtaining ...federal grants, subsidies, or cooperative agreements." Levy concludes that Johnson, in his role as mayor, likely would be found to be a principal, meaning he is "in a position to influence the use of federal funds." So far, federal agencies have continued to grant funding to the city. But Levy's memo suggests the $44.2 million in aid the city has received or been allocated since Johnson took office in December could be at risk. "Obviously, I'm concerned about the federal funds that we have received to this point," City Manager Ray Kerridge told The Bee. Teichert wrote in a separate memo that"it may be appropriate for the mayor to abstain from ... any decisions involving City projects for which federal funding may or will be sought." Johnson declined an interview request Friday. In an e-mailed statement, he said he is confident the issue can be resolved quickly. "I believe, as the City Attorney did in September, that there will ultimately be zero impact on the city's eligibility to receive the federal funds that Congresswoman Matsui, Governor Schwarzenegger, our U.S. Senators, and I are working hard to deliver to our city," he wrote. "I am optimistic this will be resolved positively in short order." Top city officials will meet Wednesday to discuss the issue. Levy, a Washington, D.C., attorney, provided his opinion March 13 and a copy of his memo was forwarded to Johnson and members http-//www.sacbee_comJourregion/v-print/story/1717767.html 3/26/2009 Mayor's status may imperil Sacramento's federal stimulus funds, lawyer says - Sacramento News - Loc... Page 2 of 3 of the City Council this week. Johnson and officials with Hood Corps improperly used some of the $807,000 in federal grant money the organization received between 2004 and 2007, according to allegations released in September following an investigation by the Office of the Inspector General for the Corporation for National and Community Service. The corporation oversees AmeriCorps, the program that helped fund Hood Corps. In response, federal officials placed St. HOPE Academy, operator of Hood Corps; Johnson, who was St. HOPE's founder and former president; and Dana Gonzalez, Hood Corps' former executive director and now a mayoral volunteer, on an Excluded Parties List, meaning they were suspended from access to federal grants and contracts for up to one year or until the case is resolved. The federal audit of Hood Corps' use of funds is ongoing. A spokesman for the Office of the Inspector General declined to say when the review would be finished. "We can't comment on any ongoing case," spokesman William Hillburg said. Last year, the U.S. attorney's office in Sacramento determined the findings turned over by the inspector general did not warrant criminal charges. The U.S. attorney requested additional information, and held out the possibility of filing a civil action, pending the results of the audit. "There continues to be ongoing and considerable negotiations between this office and representatives of St. HOPE Academy and Mayor Johnson to resolve allegations of improperly expended federal grant funds," acting U.S. Attorney Lawrence Brown said Friday. Matt Jacobs, the attorney representing Johnson, said he would expect any settlement to include Johnson's removal from the suspension list. "That would certainly be something that we would try to obtain," he said. Malcolm Segal, an attorney for St. HOPE also considered an expert on government contracts, said he would be surprised if the city was ruled ineligible to obtain federal funding, arguing the mayor has a limited role in policy direction. "The city manager is responsible for the reporting and auditing of the uses of federal funds," he said. "Hopefully, this dispute with the AmeriCorps program will be resolved shortly to the satisfaction of all parties and the suspension lifted." According to Levy's memo, the city must notify all federal agencies of Johnson's inclusion on the Excluded Parties List or it could face "severe sanctions." Levy also said the city faces potential risk by allowing Gonzalez - the former Hood Corps executive director also on the excluded list - to work as a mayoral volunteer. City officials said Friday they have not yet notified federal agencies of Johnson's suspension. On Thursday, the Sacramento Area Council of Governments voted to seek$20 million in federal economic stimulus funds for the city of Sacramento this year to help kick-start redevelopment of the downtown railyard. Johnson heralded that as a huge step forward. SACOG officials said Friday they would use the money for another project if the city doesn't qualify under federal rules. Sacramento Rep. Doris Matsui issued a statement Friday saying she was trying to get clarification from city officials on the extent of the potential problem. "I have been working tirelessly to get Sacramento funding," she e-mailed The Bee. "I'm concerned if federal funding for our community is in jeopardy." Councilman Kevin McCarty said Levy's conclusions "could have major impacts on the city." "We're counting on those dollars," he said. "We're counting on those to put people back to work and invest in our city. Everything that could jeopardize receiving those dollars is something we should take very seriously." According to Levy, the city has several options. http://www.sacbee.COm/ourregion/v-print/story/1717767.htm1 3/26/2009 Mayor's status may imperil Sacramento's federal stimulus funds, lawyer says - Sacramento News - Loc... Page 3 of 3 City officials can attempt to have Johnson's suspension lifted, which he said would require the mayor to convince authorities that the allegations are not true. The city also may be able to appease the Corporation for National and Community Service by offering to train the mayor and council on the rules governing the use of federal grant funds. The city also could seek written exceptions from federal agencies on a case-by-case basis. In doing so, the city likely would need to convince federal agencies that the mayor's role in administering federal funding is minimal by pointing out that he is one vote of nine on the City Council. A third would be for the city to redefine the mayor's role under the city charter to indicate the mayor has no influence or control over federal funds. Johnson has proposed going the opposite direction, calling for changes in the city charter that would increase the mayor's powers over hiring and budgeting. The proposal ran into political opposition in some quarters, and a council-appointed commission is reviewing alternatives. Levy directly addressed the strong-mayor initiative in his memo, saying the city's chances of receiving case-by-case waivers would be harmed if the proposal were approved. Levy, who testified last month before a House committee about the federal suspension list as it pertains to federal aid, did not return a phone call seeking comment. Teichert also declined to comment. ShareThis Call The Bee's Ryan Lillis, (916)321-1085. httP://Www.sacbee.Com/ourregion/v-print/story/I 717767.html 3/26/2009 Los Angeles Times: UCLA Anderson Forecast: dark days Page 1 of 2 dos Angeles Crimes httpJAvww.latimes.conVbus iness/la-fi-uc la-econ25-2009mar25,0,6381086.story?track=rss From the Los Angeles Times THE ECONOMY UCLA Anderson Forecast: dark days California's jobless rate will hit 11,9%by mid-2010,the report says,but it notes that it's challenging to make predictions amid the current volatility. By David Pierson March 25,2009 Wall Street may be seeing glimmers of a recovery,but UCLA economists are coming out with a new forecast today that offers a grim picture of the year ahead. Nationwide,the unemployment rate will worsen--peaking late next year at 10.5%.And in California,which has been battered by tumbling housing,retail and manufacturing sectors, the jobless rate will soar to 11.9%by mid-2010,the latest UCLA Anderson Forecast says. "The national economic outlook remains bleak,"wrote David Shulman,a senior economist for UCLA. "As a result of the prolonged contraction,the economy will likely lose 7.5 million jobs peak to trough and unemployment will soar." In releasing their report,however,UCLA economists rioted the challenge they faced in trying to forecast the future in the current volatile environment. With dramatic changes in federal policy occurring almost on a weekly basis and few historical parallels with which to compare the current recession,forecasts are being delivered in the most uncertain of times for economists. "The variables we're observing are very unusual,"said Edward Learner,director of the quarterly UCLA Anderson Forecast."There's nothing like it in the historical records.The bottom line is we're not having a forecast,we're having hunches." Early last year,UCLA said the nation would suffer from tough economic conditions but would ultimately avert a recession.Leamer said that at the time,he did not believe consumer spending could tank the way it did in the latter part of 2008. This time,the closely watched UCLA report does not hold back. The researchers cite the unprecedented losses to U.S.balance sheets--$9 trillion in stocks and$5.5 trillion in home values. The financial crisis,they say,has swelled into such a global problem that national policy may be ineffectual.The United States needs its international trading partners to reverse their slowdowns and reignite the exchange of imports and exports. Nationally,the UCLA forecasters say the economy will begin to grow slowly by the fourth quarter of this year.That's when residential construction should also begin to turn around, but exports will continue to slide downward until the beginning of 2010. Consumer prices should snap out of a downward trend the second half of this year,but disposable income rates will not match the high levels of 2004 until 2011. In California,the economy may stop shrinking by the fourth quarter,but it will remain fiat and probably will not grow until the beginning of 2010.Normal growth won't return until the middle of 2010,and high unemployment will remain until 2012 or longer,the forecasters said. Hikes in the state's sales and income taxes will also erase some of the gains families and individuals would receive from the federal stimulus package. Manufacturing,construction and financial services will keep shedding jobs until 2011.Education and health sectors are expected to add workers this year,but slow down the pace in 2010. The numbers were derived by using what forecasters call econometrics--a combination of historical statistics and economic theory to predict the direction of the economy. For example,UCLA forecasters looked at how few new homes were being built in California in relation to the state's population growth.The assumption was that returning demand would double the number of housing permits pulled by 2011 and add jobs to the construction industry. What it often can't account for are conditions that have never before occurred,like the federally backed program enticing private investors to snap up toxic mortgage-backed securities announced Monday by Treasury Secretary Timothy F.Geithner. Although stocks tumbled Tuesday,the Dow Jones index has gained more than 1,100 points since March 9 in response to that and other moves--amid hopes that the government's efforts to revive the economy could bear fruit sooner than expected. To help the housing market,the Federal Reserve announced plans last week to spend$1 trillion--an expenditure aimed largely at bringing down interest rates on home mortgages, and on Tuesday a key lending industry association predicted that Americans would take out an additional$800 billion in new mortgages. "It's hard to keep up with how fast the financial markets"keep changing,Shulman said. Diane Swonk,chief economist for Mesirow Financial,said the flaw of forecasting is that it's often conducted for the short term to satisfy corporate or governmental clients,and it's too scientific to effectively measure human behavior. Swank and other economists said experts in the field disagree widely on the direction that the economy will take over the next few months and years. "There's a lack of certainty,"said Esmael Adibi,co-author of the Chapman University forecast. Adibi is unafraid to tout his group's work,but he said forecasting today was markedly more difficult because of core changes in the nation's economic engines such as financial lending and the role of the Treasury. Chapman had predicted in December that the nation's unemployment rate would average 7.8%this year,a rate already exceeded by 0.3 percentage points today. "Obviously we were wrong,"Adibi said. Forecasting,Adibi said,was not about being precise.Anyone who nails GDP growth to the exact decimal point has simply guessed correctly,he said. "If you capture things within a reasonable margin of error then you're doing a good job,"he said. david.pierson@latmes.com It you want other stories on this topic,search the Archives at latimes.com/archives. ` IS&Prints Article licensing and reprint options http:HwwwJatimes.com/business/la-fi-ucla-econ25-2009mar25,0,3900138,print.story 3/25/2009 Los Angeles Times: UCLA Anderson Forecast: dark days Page 2 of 2 Copyright 2009 Los Angeles Times I Privacy Policy I Terms of Service Home Delivery I Advertise I Archives I Contact I Site Map I Help partners: ktla:. WO http://www.latimes.com/business/la-fi-ucla-econ25-2009mar25,0,3900138,print.story 3/25/2009 File 5.10 Allen Rd Bride City of Bakersfield 08-062/T4K142 Project Summary Update x .tea fg � � 0i• Project Start Date: April 29, 2008 Original Completion Date: Aril 29 + 200 days February 19, 2009 Revised Completion Date: June erf, 2009 includes 62 day sus ension Original Contract Time: 200 days Revised Contract Time: 200 days Time Elapsed: 150 days 75% Contract Price: Original =$8,095,616 Extension of Time to Date: 0 Calendar Days, 13 Weather Days Percent Work Com leted: 72% Based on a estimate #7 Payments to Date: Pay Est. # 7 turned in on 3/9/09 Current Status of Work Progress at Allen Rd continues on track to be delivered by June 8h, 2009. The last quarter of the bridge remains to be constructed and is scheduled to be poured by the third week of April. The second lift of AC will be completed by the end of April or early May. Biological monitoring continues to take place on daily basis by MH Wolfe and Associates. Reports and concerns from the environmental team are shared and addressed during our weekly meetings. PG&E remains a hot item in our weekly agenda once again; we need to get power to the project as soon as possible to get the landscape going before it gets into our critical path. Ralph is helping us with this issue. Lim And Nascimento Engineering Corporation 1 File 5.10 Allen Rd Bridge City of Bakersfield 08-062/T4K142 Change Order Status Log Change orders 1 thru 9 have been approved by the City. Change orders 10 tbru 12 are waiting for City approval. The remaining change orders have concurrence from the City, but are on hold waiting for paperwork from the Contractor, or in the final process to be turned in for City review and approval. CCO numbers are assigned as Change Orders get turned in for approval. CONTRACT CHANGE ORDER SUMMARY Allen Road Bridge CONTRACT AMOUNT = $8,095,616.00 CCO CCO METHOD CCO AMOUNT CCO NUMBER DESCRIPTION OF PAY INCL SUPPLEMNT EXPEND TO DATE 1 Traffic Control EW FA $10,000.00 2 $0.00 Field Office EWLS $10 036.00 $10 036.00 3 Bike Path EWLS $50,000.00 $50 000.00 4 Credit for deleted work and han ers ACLS $94.671.50 94 671.50 5 Boundary and miti ation fences EWFA $30,000.00 $20460.04 6 Berrenda Mesa drain relocation EWLS $5,250.00 $5250.00 88 Partnering EWLS g $5,000.00 $3450.00 16"Water line restrained joints EWLS $24,755.00 $20000.00 9 Soundwallmodifications EWLS/EWFA 1U $79,946.00 $70000.00 Manhole Adjustment ACUP $7,500.00 $0,00 11 Crown Castle Facility Pad EWLS $8,500.00 12 $0,00 Addtonallands EWLS $21,000.00 $0,00 Change of thickness for 24"water line casin EWLS $0.00 $0.00 Water line modifications EWLS $30,650.00 $0,00 Right of Way dela s EWLS/EWFA $143,000.00 $0.00 Curb Tyee M adjustment ACUP $0.00 $0,00 New soundwall south of the bride EWLS $101,334.00 $0.00 TOTALS $0.00 $0,00 $432,299.50 $84,524.54 REVISED CONTRACT AMOUNT= $8,180,140.54 Lim And Nascimento Engineering Corporation 2 File 5.10 Allen Rd Bridge City of Bakersfield 08-062/T4K 142 Project Photos Figure 1. View of Allen Rd.looking south from Hilary Way. Figure 2.View of bridge deck from south end,looking north. MT TTI� ,. Figure 3.View of S.Allen Rd.,looking south from A-line Figure 4.Bike path and bike path on/off ramps on east side, looking southeast. I Lim And Nascimento Engineering Corporation 3 1Queshons__ ____ ___ 4 k Darin Budak r W Y City of Bakersfield, Calif. +R. U ae LL What is your job? I earned my bachelor's degree in parks My position is parks super- and recreation management from Northern intendent for the city of Arizona University in Flagstaff. To further o Bakersfield,Calif.My responsi- establish myself as a dedicated professional, o a bilities include park planning, I've earned and maintained Certified Sports r construction and the maintenance of 52 Field Manager (CSFM) status through the Darin Budak, parks superintendent for the parks, which cover an area of 1,100 acres. Sports Turf Managers Association(STMA), city of Bakersfield, Calif., oversees a staff of Bakersfield has a combination of passive Certified Park and Recreation Professional over 150 full-time employees. and active park space that is divided into (CPRP) status through the National five maintenance districts.The parks main- Recreation and Parks Association (NRPA) crews,with each averaging from 20 to 25 full- tenance crews cover every aspect of mainte- and Playground Safety Certification, also time employees.Those employees include the r nance, from the streetscapes to median, through NRPA. park services coordinators,who serve as work- parking area,walkway,trails and bike path ing foremen overseeing those out in the field; maintenance, along with the buildings, Why did Bakersfield and service maintenance workers,who lead a r playgrounds, aquatic features, landscaping seek national agency crew of two or three employees who may be and turf—including the athletic fields. accreditation? facility workers or our entry-level personnel, Currently,there are eight baseball fields and The city of Bakersfield parks classified as laborers. Depending on the sec- three designated soccer/football fields, along and recreation departments earned nation- tion,the staff may also include heavy equip- with many neighborhood parks with green al accreditation through the Commission ment operators and craft workers. We also , space for non competitive play. An 11-field for Accreditation of Park and Recreation employ from 30 to 40 seasonal workers, baseball complex is under construction and is Agencies(CAPRA).We're the second city in depending on the time of the year. projected to open this fall.It includes a quad,a California to achieve that status. It's more How do you communicate three-field and a two-field configuration,plus than a feather in our caps. It assures the with your staff? two fields facing each other and sharing a community that the parks and recreation common outfield for Pony League play. services we provide are high quality and Once a month, the entire The parks department maintains 32 miles well administered in accordance with The meets. Our direc- of bike paths,one skate park, six dog parks approved professional practices. tor,Dianne Hoover,my immediate super- and some natural areas,including the river's As a CPRP of an accredited city, I'll be visor, takes part in the discussion of edge and a couple of outdoor amphitheaters serving on an accreditation team and will issues. We also incorporate training into s i these meetings. that host a summer concert series. The have the opportunity to assess the opera- t g Bright House Networks Amphitheater tions of other agencies. New ideas gleaned I meet with the parks supervisors weekly accommodates 3,500. from this interaction will help advance our to discuss staff and operational concerns. goals of continuous improvement. Once a month,I hold an area meeting with What attracted you to each of them and their personnel. this position and pre- How is your staff A year ago,I began holding monthly meet- pared you for it? , organized? ings with our front line personnel, working The opportunity to work in a Bakersfield's parks depart- directly with a representative from each of the large department serving a very ment is unique in my experi- areas.I let them set the agenda so we can dis- large community drew me to this position in ence in that we not only have 154 full-time cuss the issues that they deem important.This February 2007.I enjoy the challenges and all employees,but also our own planning section. gives the staff the opportunity to talk to me the variables involved in managing the per- There are seven park supervisor personnel directly without having their supervisor or sonnel and budgetary resources on this scale. that answer directly to me.They run the field parks services coordinator involved. Other 18■March 2009■SportsField Management *Free Info!Circle#on card or go to www.sportsfieldmanagementmagazine.com/freeinfo v=pn� . A •C The Cancer Survivor Monument at Beach Park. The parks department staff maintains everything from rata,-a a eas. Gke(his section of Yukas Park, to hardscape features to athletic fields. staff members have begun to provide infor- in our parks year round.I participate in the Is water an issue? mation to their representatives to bring to me. weekly recreation division meetings and In turn,I've been able to reinforce the impor- serve as the liaison between parks and recre- The city founders secured tance of more direct communication between ation. I make the staffing commitments for all the water rights Kern River, so we're re the the front line staff and their supervisors.As organized league play and for special events. an issues are addressed and resolved, this pro- We regularly draw several thousand people anomaly when it comes to p p water. The city water department sells gram not only builds credibility for manage- into our parks for events,and our staff covers ment, it also demonstrates to our staff the both the site preparation and the site-related Mater to area farmers,as well as residents. importance of their role in the overall success issues of event day management. public are currently working to educate the on the value of our water resources of our operation. pu The sports season starts in early February and the need for wise water use for long- How do you coordinate with organized play running into mid- bringing weather-related chl term conservation. a- November, We are on a Maxicom system for the ' and manage the sports lenges from summer heat to late fall rain and program? frost.Our softball programs alone run at least majority based the city, which allows us to Bakersfield is in Southern three sessions to accommodate all the league a water based on to (evapotranspiration- California, about 1.5 hours north of Los play. There are between 100 and 125 teams and enables us to make precise adjust- California, so some form of activity takes place participating each session. menu for our microclimate variations. Continued on page 20 These guys are ifl good ► ,Is your turip PRINCESS•77 certifted (HTbrid (jermudagrass Cete Name. Tough Grass. For i .� • • 1-800-286-6100 ext.280 projects budgets are separate averaging $8 lQuestions 1 to$12 million a year.With those funds also facing potential cuts, we're doing minimal Continued from page 19 activity on capital projects. How are you handling the budgeting challenge? The system will automatically shut down I've worked with my staff if we have rain at one of the weather sta closely to review and re P riori- tions we maintain. �.. - tize our level of service in all park mamte- Do big city factors affect nance.With the budget cuts put into place this past year,we've lost over 2,000 hours of your program.? maintenance labor a week.We're adjusting e Like most big cities, we do mowing in many areas from once a week to have a gang population and """ once every 10 to 14 days. We've reduced must deal with its graffiti and aerification from three or four times a year vandalism. Bakersfield has taken an aggres- to twice. We've cut fertilization to at least sive approach, setting up a graffiti hotline half.This hits our current program and will with response within 24 hours.We're hit with affect us later as those changes are reflected graffiti almost daily in our parks.We only call in conditions.Managing coming out of this in the response team for assistance if it covers economic slowdown will be as hard as man- a big area,such as the side of a building. ur dastro Spray Park is just one of the multiple g' water-related sites the city of Bakersfield aging going into it and sustaining sites crews handle the minor situations. It through hit. becomes part of the daily routine, but it's parks department staff maintains. g It is a challenge to keep morale up extremely time consuming and takes staff staffwide when everyone is expected to commitment to keep it an ongoing priority. and the budget uncertainty it causes. My do more with less. I have the best super- average annual operations and mainte- visors I have ever worked with, and we What is your biggest nance budget runs about$13.3 million but i challenge? g are determined to keep our staff g the state has the ability to take shared funds informed on the budgets and the pending Our biggest challenge is the from the cities,which could lead to 10 to 15 situations. We want them to hear any fluctuating state of the economy percent cuts across the board. Our capital information from us first. ULY t� 1.� SpcoP�bi'b. ' f { t GameLine field marking paint specially formulated j 1,8" " IC to be easily removed from synllhefgc tufff I- / � c�tL:1 L1LVV t-ltltt Changing the Game. ;,aad 1;z,:Jt&:ie1 ieaL.L.11 �,tt itt1'c :i.i1, f oLL�1l F. , , ,*; drainage Complete GAMELINE Laser Grading e Bases rI - Infield Mix I t ingredients matter. tor r � / tf Puld I • • - - • Freelnfo!135* Freelnfo!121* _ 20■March 2009■Sportsfield Management 'Free Info!Circle#on card or go to www.sportsfieldmanagementmagazine.com/freeinto Z 0 B A K E R S F I E L D Department of Recreation and Parks PAR 2 6 2009 Date: March 26, 2009 To: Alan Tandy, City Manager From: Diann, over, Recreation & Parks Subject: Coastal Redwood Trees — Testing Due to noticeable stress on large Coastal Redwoods in the city, staff is proposing some action steps. City Council members have also received several complaints recently in regards to the appearance of these trees. The City Arborist has researched Bakersfield's Coastal Redwood problem and has found the city wide problem to be California's problem as well . The San Joaquin Valley is not the ideal growing area for the Coastal Redwoods due to the extreme summer temperatures, water loss, soil condition, compaction and related issues. The ideal climate for the redwoods has high humidity, temperature ranges between 38°F and 80°F, heavy summer fog and annual rainfall between 25" and 100". The tree section will conduct a two-year study to identify the problem here in the city by testing four (4) different models. They are as follows: • Staff will collect soil samples from several locations and have the samples analyzed. Based on the soils report we will make the necessary changes to the soil profile by using appropriate conditioners. • Based on the soils report a specific fertilization program for each tree will be developed. This program will provide the precise nutrients to the root zone. It could lead to improved moisture absorption and overall health to the tree. • Staff will be installing a "deep root water system" on several trees. The system consists of 4-6 tubes placed four (4) foot into the soil adjacent to the tree trunk. These tubes are designed to get the water deeper into the soil which will encourage deep root growth. • A number of trees will have direct "tree trunk injection" performed on them. This process requires a small hole drilled into the trunk and an applicator is placed in the hole. The applicator slowly releases insecticides, "We create a quality community through people, parks and programs" fungicides, fertilizer or a combination into the tree. This injection will result in a quicker response in the tree's health. It is estimated by staff that the test will produce good results within a two (2) year period. The targeted test areas listed below currently have Coastal Redwoods in various stages of decline. • Hageman Road between Coffee Avenue and Fruitvale • Brimhall Road between Jewetta Avenue and Allen Road • Ming Avenue and Grand Lakes Avenue The trees in the three (3) areas listed above will be monitored on a monthly basis to track their response to treatments. "We create a quality community through people, parks and programs" Page 1 of 2 STREETS DIVISION —WORK SCHEDULE WEEK OF MARCH 30, 2009 — APRIL 3, 2009 Resurfacing/Reconstructing streets in the following areas: Reconstructing streets in the area east of Fairfax, north of Panorama Drive (weather permitting). Miscellaneous Streets Division projects: Working on the Mill Creek project. Working on the Aera Park project. Crack sealing on Buena Vista Road between Ming Avenue & White Lane THIS SPACE INTENTIONALLY LEFT BLANK Week of March 30-2009—Work Schedule.doc Page 2 of 2 STREETS SWEEPING SCHEDULE Monday, March 30 2009 Sweeping non-scheduled sweeping routes Tuesday, March 31, 2009 Sweeping non-scheduled sweeping routes. _Wednesday, April 1, 2009 Between Panorama Dr. & Bernard St. - Union Ave. & Loma Linda Dr. Between River Blvd. & E. Columbus St. — Panorama Dr. & Columbus St. Between College Ave. & Azalea Ave. — Mountain Dr. & Raval St. Between Ming Ave. & White Ln. —Allen Rd. & Buena Vista Rd. Thursday, April 2 2009 City areas between Kentucky St. & Quincy St. — Owens St. & Virginia St. Between Union Ave. & Washington St. — E. Truxtun Ave. & Brundage Ln. Between Progress Rd. & Old River Rd. — Panama Ln. & Pacheco Rd. (alignment) City areas between Progress Rd. & Old River Rd. — Meadow Falls Dr. & Rose Creek Dr. Friday, April 3 2009 Between Buena Vista Rd. & Allen Rd. — Harris Rd. & Panama Ln. Between Buena Vista Rd. & Mountain Vista Dr. — Panama Ln. & Birkshire Rd. Between 178 Hwy. & Paladino Dr. —W. Columbus St. & Morning Dr. City areas between Sterling Rd. & Morning Dr. — 178 Hwy. & College Ave. Between Valley St. & Lene PI. - 178 Hwy & Hickory Dr. Between 178 Hwy. & Reynard Rd. — Kern Canyon Rd. & McKenna St. Between Stockdale Hwy. & Joseph Dr. — McDonald Way & N. Stine Rd. Week of March 30_2009_Work Schedu le.doc B A K E R S F I E L D CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director DATE: March 26, 2009 SUBJECT: USE OF LOCAL WORKERS ON CITY CONSTRUCTION Referral No. 72 COUNCILMEMBER CARSON REQUESTED STAFF CONTACT THE CONTRACTORS ON THE MILLCREEK AND WESTSIDE PARKWAY PROJECTS AND ASK IF THEY WOULD CONSIDER HIRING LOCAL SUBCONTRACTORS AND TO FACILITATE A MEETING WITH MARVIN DEAN. A meeting was held with Elite Landscaping who is the contractor for the upcoming Millcreek Park Amenities Project. Currently, two of the four subcontractors being used for this project are local subcontractors. Elite Landscaping indicated that if they had the need to employ any other subcontractors, they would make a special effort to contact and employ local subcontractors. Elite Landscaping further indicated that they would also make a special effort to hire locally should the need arise for employing additional personnel for this project. A meeting has been scheduled for City staff and Mr. Dean to meet with Security Paving, the contractor for Phase 1 of the Westside Parkway (Mohawk Street Project), for Monday, March 30th to discuss the hiring of local subcontractors. G:\GROUPDAT\Referrals\2009\3-11\#72 Local Contractors.doc MAR 2 4 2`9 B A K E R S F I E L D Development Services Department Stanley C. Grady, Director M E M O R A N D U M TO: ALAN TANDY, CITY MANAGER FROM: TANLEY C. GRADY, DEVELOPMENT SERVICES DIRECTOR DAT March 18, 2009 SUBJECT: DEBRIS AT CORNER OF AKERS AND PLANZ Council Referral No. CRMS #75 (Ward 6) COUNCILMEMBER SULLIVAN REQUESTED STAFF FOLLOW UP ON AN E-MAIL COMPLAINT FROM MARK SALVAGGIO REQUESTING CLEANUP OF AN OLD MATTRESS AND JUNK IN THE DRIVEWAY FACING AKERS RD. AT THE NORTHWEST CORNER OF AKERS AND PLANZ. Officer Don Johnson inspected the location on Friday, March 13, 2009 at approximately 4:00 p.m. and found the residence clear of any visible mattress, trash or debris. Page 1 of 4 Amber Lawrence - Fwd: Important information: DOE Releases Energy Efficiency and Conservation Block Grant Guidelines From: Steven Teglia To: Underwood, Brad Date: 3/26/09 1:07 PM Subject: Fwd: Important information: DOE Releases Energy Efficiency and Conservation Block Grant Guidelines CC: Hoover, Dianne; Kunz, Donna; Rojas, Raul; Smiley, Rhonda; Stinson, John W.; Tandy, Alan Attachments: EECBG DE-FOA-00000 13 1.doc; Allocations of CA Cities and Counties under EECBG.DOCX We are scheduled to get $3,040,700...which is more than we had thought. Steve Steven L. Teglia Administrative Analyst III City Manager's Office City of Bakersfield P:(661) 326-3747 F:(661) 324-1850 >>> "Nancy Cisneros" <ncisneros @cacities.org> 3/26/2009 11:03 AM>>> For your information and use: The long awaited Department of Energy, Energy Efficiency and Conservation Block Grant (EECBG) Guidelines were released this morning. Large cities (over 35,000 population) now have until June 25,2009_(by_8_PM EST) to turn in their federal application to receive their formula funding through the EECBG program. What can the funds be used for? According to the Guidelines, funds can be used community wide, not only for government owned facilities and infrastructure. A list of eligible activities for use of program funds is provided in Section 544, Title V, Subtitle E of the Energy Independence and Security Act (EISA). Additional details on eligible activities are in the attached Funding Opportunity Announcement. The following activities are eligible: • Development of an Energy Efficiency and Conservation Strategy and Technical Consultant Services to assist in the development of such a strategy. • Residential and Commercial Building Energy Audits. • Financial Incentive Programs and Mechanisms for energy efficiency improvements such as energy savings performance contracting, on-bill financing, and revolving loan funds. • Grants to nonprofit organizations and governmental agencies for the purpose of performing Energy Efficiency Retrofits. • Energy Efficiency and Conservation Programs for Buildings and Facilities. • Development and Implementation of Transportation Programs to conserve energy. • Building Codes and Inspections to promote building energy efficiency. file://C:\Documents and Settings\alawrenc\Local Settings\Temp\XPGrpWise\49CB83A8COBcobpo110... 3/26/2009 Page 2 of 4 • Energy Distribution Technologies that significantly increase energy efficiency, including distributed resources, combined heat and power, and district heating and cooling systems. • Material Conservation Programs including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency. • Reduction and Capture of Methane and Greenhouse Gases generated by landfills or similar waste-related sources. • Energy efficient Traffic Signals and Street Lighting. • Renewable Energy Technologies on Government Buildings. • Any Other Appropriate Activity that meets the purposes of the program and is approved by DOE. How should activities be prioritized in planning for use of funds? Energy efficiency, conservation, and renewable energy programs and projects are building blocks for increased economic vitality, energy security, and environmental quality. EECBG program funds will have maximum impact if invested in ways that create and/or retain jobs and stimulate the economy in the short term while laying the foundation for a long-term and sustainable clean energy economy. DOE encourages grantees to prioritize programs and projects that: • Leverage other public and private resources. • Enhance workforce development. • Persist beyond the funding period. • Promote energy market transformation such as revolving loans, low-cost loans, energy savings performance contracting, advanced building codes, building and home retrofit incentives and policies, and transportation programs and policies. What is the formula for large cities based on? In general, the formula for large cities is based on determining allocations to cities and counties are based on two weighted factors: resident and daytime (commuter) population. The resident population factor receives a weight of approximately 70%, and the daytime population factor receives a weight of approximately 30%. This accounts for the energy use of these populations. About the Application Process Are there any pre-application requirements? Yes. In order to do business with the Federal government, a three-step registration process is required of all applicants. Please allow 21 days to complete the registration process. This information is also listed on page 3 of the League's City Funding Book. Step 1: Request a DUNS Number at: http://fedgo_v.dnb.com/we_bform/dis_pla_yHo_mePage.do Step 2: Register with the Central Contractor Registry (CCR) at: http://www.ccr.gov/ Step 3: E-Business Point of Contact must register in FedConnect at: https://www.fedconnect.net/FedConnect/ How do I apply to receive a formula grant from the DOE? For complete application instructions and program information, a copy of the Funding Opportunity Announcement can be obtained from FedConnect by searching under Reference Number DE-FOA-0000013. Applications must be submitted through FedConnect. If you have problems, email su pport @fedconnect,net What is FedConnect? FedConnect is an online marketplace where federal agencies post opportunities and make awards via the web. For more information about FedConnect, download and read: file://C:ADocuments and Settings\alawrenc\Local Settings\Temp\XPGrpWise\49CB83A8COBcobpo110... 3/26/2009 Page 3 of 4 https•//ww ..fedconnect.net/FedConnect blicPages/FedCo_nnect Ready_Set_Go.pdf How do I apply for a competitive grant from the DOE? DOE's first priority is to award the formula grants. Details on applying for competitive grants will soon be provided in a Funding Opportunity Announcement. When will applications be accepted? Applications can be accepted now through FedConnect. What is the deadline to apply? Thew_plication due date for cities with a copulation of 35,000 and above eligible for direct formulaic rants from the DOE is June 25 2009 at 8:00:00 PM Eastern Time. How will applications be reviewed? The DOE's project management team will review each application to ensure that the grantee has developed a strategy for use of funds with activities eligible under the Program, and that the proposed budgets are acceptable. About Reporting and Accountability How will success be measured? Grantees will be required to report regularly to the DOE on five metrics: l.Jo bs created and/or retained 2.E nergy savings on a per dollar invested basis 3.Re newable energy capacity installed 4.Gree nhouse gas emissions reduced 5.Funds leveraged SMALL Cities (Under 35,000 population) For California's smaller cities, the California Energy Commission (CEC) now has 60 days (until May 25th) to turn in their application for the EECBG funding going to states (and then on to small cities). Once that funding has been released to the CEC, then information will be passed on to small cities about how to apply and receive EECBG funding for small cities. Finally, attached are two key documents: 1) A listing of expected allocations to California large cities and counties; 2) The Federal Guidelines with application details and information. For further information please go to: http://www.eecbg.energy.gov/#ld2 for information on large city block grants www.energy.ca.gov/recovery for information on small city block grants In behalf of Hilary Baird Nancy Cisneros Regional Public Affairs Manager League of California Cities Inland Empire 8 Desert Mountain Divisions 31759 Ave. E # 111, Yucaipa Ca. 92399 Zile:JJC:ADocuments and Settings\alawrenc\Local Settings\Temp\XPGrpWise\49CB83A8COBcobpo110... 3/26/2009 Page 4 of 4 Cell: 909 230-3940 To restore and protect local control for cities through education and advocacy in order to enhance the quality of life for all Californians.... file://C:\Documents and Settings\alawrencTocal Settings\Temp\XPGrpWise\49CB83A8COBcobpo110... 3/26/2009 10/2008 FINANCIAL ASSISTANCE FUNDING OPPORTUNITY ANNOUNCEMENT m U. S. Department of Energy National Energy Technology Laboratory Recovery Act — Energy Efficiency and Conservation Block Grants — Formula Grants Funding Opportunity Number: DE-FOA-0000013 Announcement Type: INITIAL CFDA Number: 81.128 Energy Efficiency and Conservation Block Grant Program (EECBG) Issue Date: March 26, 2009 Application Due Date: For State Applicants Only: May 26, 2009 at 8:00:00 PM Eastern Time Applicants are encouraged to submit their applications well before the due date. For Units of Local Government and Tribal Applicants Only. June 25, 2009 at 8:00:00 PM Eastern Time. Applicants are encouraged to submit their applications well before this due date. NOTE: REGISTRATION/SUBMISSION REQUIREMENTS Registration Requirements There are several one-time actions you must complete in order to submit an application in response to this Announcement (e.g., obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) number, register with the Central Contractor Registration (CCR), and register with FedConnect). Applicants who are not registered with CCR and FedConnect, should allow at least 10 days to complete these requirements. It is suggested that the process be started as soon as possible. Applicants must obtain a DUNS number. DUNS website: http://www.dnb.com/US/duns—update/ Applicants must register with the CCR. CCR website: http://www.ccr.gov/ Applicants must register with FedConnect to submit their application. FedConnect website: www.fedconnect.net Questions Questions relating to the system requirements or how an application form works must be directed to Grants.gov at 1-800-518-4726 or support @grants.gov. Questions regarding the content of the announcement must be submitted through the FedConnect portal. You must register with FedConnect to respond as an interested party to submit questions, and to view responses to questions. It is recommended that you register as soon as possible after release of the FOA to have the benefit of all responses. More information is available at http://www.compusearch.com/products/fedconnect/fedconnect.asp. DOE will try to respond to a question within 3 business days, unless a similar question and answer have already been posted on the website. Questions pertaining to the submission of applications through FedConnect should be directed by e- mail to support @FedConnect.net or by phone to FedConnect Support at 800-899-6665. Application Preparation and Submission Applicants must download the application package, application forms and instructions from Grants.gov. Grants.gov website: http://www.grants://www.grants.go instructions are provided in Section IV A of this FOA.) Applicants must submit their application through the FedConnect portal. FedConnect website: www.fedconnect.net (additional instructions are provided in Section IV H of this FOA). 2 TABLE OF CONTENTS PART I- FUNDING OPPORTUNITY DESCRIPTION.......................................................................................4 PARTIf-AWARD INFORMATION................................................................................................................. 11 A. TYPE OF AWARD INSTRUMENT....................................................................................................... 11 B. ESTIMATED FUNDING..................................... C. PERIOD OF PERFORMANCE............................................................................................................. 11 D. TYPE OF APPLICATION..................................................................................................................... 11 E. METHOD OF PAYMENT..................................................................................................................... 11 PART III - ELIGIBILITY INFORMATION.......................................................................................................... 12 A. ELIGIBLE APPLICANTS........................................................................................................................ 12 B. COST SHARING..................................................................................................................................... 13 PART IV-APPLICATION AND SUBMISSION INFORMATION.................................................................... 14 A. ADDRESS TO REQUEST APPLICATION PACKAGE....................................................................... 14 B. LETTER OF INTENT AND PRE-APPLICATION................................................................................. 14 C. CONTENT AND FORM OF APPLICATION-SF 424.......................................................................... 14 D. SUBMISSIONS FROM SUCCESSFUL APPLICANTS.......................................................................22 E. SUBMISSION DATES AND TIMES.....................................................................................................22 F. INTERGOVERNMENTAL REVIEW.....................................................................................................23 G. FUNDING RESTRICTIONS............................ H. OTHER SUBMISSION AND REGISTRATION REQUIREMENTS......................................................23 PART V- APPLICATION REVIEW INFORMATION........................................................................................25 A. PRELIMINARY REVIEW ....................... ................................................................................. B. REVIEW AND AWARD PROCESS ""'."""' 5 PART VI - AWARD ADMINISTRATION INFORMATION................................................................................26 A. AWARD NOTICES...............................................................................................................................26 B. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS......................................................26 C. REPORTING........................................................................................................................................26 PART VII - QUESTIONS/AGENCY CONTACTS.............................................................................................27 A. QUESTIONS........................................................................................................................................27 PARTVIII - OTHER INFORMATION................................................................................................................28 A. MODIFICATIONS.......... .....................................................................................................................28 B. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE......................................................................28 C. COMMITMENT OF PUBLIC FUNDS...................................................................................................28 APPENDICES/REFERENCE MATERIAL........................................................................................................29 • ATTACHMENT A-EECBG PROGRAM ALLOCATIONS..............................................................................29 • ATTACHMENT 131 -PROJECT ACTIVITY FILE............................................................................................29 • ATTACHMENT B2-FINANCIAL MANAGEMENT ASSESSMENT....................................................................29 • ATTACHMENT B3-NETL F 451.1-1/3-EECBG.....................................................................................29 • ATTACHMENT C-REPORTING REQUIREMENTS.......................................................................................29 • ATTACHMENT D-EECBG STRATEGY FORMAT(UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES)........29 • ATTACHMENT E-EECBG STRATEGY FORMAT(STATES).......................................................................29 3 PART I — FUNDING OPPORTUNITY DESCRIPTION SUMMARY The American Recovery and Reinvestment Act of 2009, Public Law 111-5, appropriates funding for the Department of Energy (DOE) to issue/award formula-based grants to states, U.S. territories, units of local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant (EECBG) Program. DOE's authorization for this program is set forth in Title V, Subtitle E of the Energy Independence and Security Act(EISA) of 2007. Projects under this announcement will be funded, in whole or in part, with funds appropriated by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act or Act). The Recovery Act's purposes are to stimulate the economy and to create and retain jobs. The Act gives preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds made available by it for activities that can be initiated not later than June 17, 2009. Accordingly, special consideration will be given to projects that promote and enhance the objectives of the Act, especially job creation, preservation and economic recovery, in an expeditious manner. Be advised that special terms and conditions may apply to projects funded by the Act relating to: • Reporting, tracking and segregation of incurred costs; • Reporting on job creation and preservation; • Publication of information on the Internet; • Access to records by Inspectors General and the Government Accountability Office; • Prohibition on use of funds for gambling establishments, aquariums, zoos, golf courses or swimming pools; • Ensuring that iron, steel and manufactured goods are produced in the United States; • Ensuring wage rates are comparable to those prevailing on projects of a similar character; • Protecting whistleblowers and requiring prompt referral of evidence of a false claim to an appropriate inspector general; and • Certification and Registration. These special terms and conditions will be based on provisions included in Titles XV and XVI of the Act. These Special Provisions are located at httr):Hmanaqement.energY.gov/busiiess doe/business forms htm. The Office of Management and Budget (OMB) has issued Initial Implementing Guidance for the Recovery Act. See M-09-10. Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009. OMB will be issuing additional guidance concerning the Act in the near future. Applicants should consult the DOE website, www.energy.gov, the OMB website D.LtP-.://www.whitehouse.gov/omb/, and the Recovery website, www.recovery.gov regularly to keep abreast of guidance and information as it evolves. Recipients of funding appropriated by the Act shall comply with requirements of applicable Federal, State, Tribal and local laws, regulations, DOE policy and guidance, and instructions in this announcement, unless relief has been granted by DOE. Recipients shall flow down the requirements of applicable Federal, State, Tribal and local laws, regulations DOE policy and guidance, and instructions in this announcement to subrecipients at any tier to the extent necessary to ensure the recipient's compliance with the requirements. Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to 4 complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related OMB Guidance. Applicants for projects funded by sources other than the Recovery Act should plan to keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. Funding provided through the Recovery Act that is supplemental to an existing grant is one-time funding. Applicants should begin planning activities for their first tier subawardees, including obtaining a DUNS number(or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). The extent to which subawardees will be required to register in CCR will be determined by OMB at a later date. This announcement includes program guidance on the implementation and administration of the EECBG Program. PURPOSE The purpose of the EECBG Program is to assist eligible entities in creating and implementing strategies to: • reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practicable, maximizes benefits for local and regional communities; • reduce the total energy use of the eligible entities; and • improve energy efficiency in the building sector, the transportation sector, and other appropriate sectors. These stated purposes describe the overall intent of the EECBG Program. Entities may develop various initiatives and projects that address one or more of the purposes and each activity an entity undertakes is not required to meet all of the stated purposes. DOE encourages entities to develop many different new and innovative approaches within the framework of the legislation and the guidance to serve these purposes. However, each entity is required to use the funds in a cost-effective manner that is of maximum benefit to the population of that entity and in a manner that will yield continuous benefits over time in terms of energy and emission reductions. The period of performance for these grants will be 36 months. In keeping with the agenda of the Recovery Act, and supporting the goal of immediate investment in the economy, entities are required to obligate/commit all funds within eighteen (18) months from the effective date of the award. In the event funds are not obligated/committed within eighteen (18) months, DOE reserves the right to deobligate the funds and cancel the award. PROGRAM PRINCIPLES DOE has developed the following core principles to guide entities during the program and project planning process: • Prioritize energy efficiency and conservation first as the cheapest, cleanest, and fastest ways to meet energy demand. • To maximize benefits over the longest possible terms, entities should look for ways to link their energy efficiency efforts to long-term priorities (especially community economic development, community stabilization and poverty reduction efforts). • Invest funds in programs and projects that create and/or retain jobs and stimulate the economy while meeting long term energy goals. • Target programs and projects that will provide substantial, sustainable and measurable energy savings, job creation and economic stimulus effects. 5 • Give priority to programs and projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development funded through the Recovery Act such as the Community Development Block Grant program, HOME, and job training programs. • To the extent possible, develop programs and strategies that will continue beyond the funding period. • Ensure oversight, transparency, and accountability for all program activities. • Enact policies that transform markets, increase investments, and support program goals. • Develop comprehensive plans that benchmark current performance and set aggressive goals. PROGRAM OUTCOMES The EECBG Program is a crosscutting program. There are many possible outcomes that could result from successfully implementing programs, projects and activities at the state and local level. These desired outcomes help clarify the broad purposes stated in the legislation and can assist implementation, including overall development and administration of state and local programs. They can be used to help evaluate potential programs and projects, as well as understand the factors that affect the success of different activities, programs and projects. Desired outcomes of the EECBG Program include: • Increased energy efficiency, reduced energy consumption and reduced energy costs through efficiency improvements in the building, transportation and other appropriate sectors; • New jobs and increased productivity to spur economic growth and community development; • Accelerated deployment of market-ready distributed renewable energy technologies, including wind, solar, geothermal, hydropower, biomass and hydrogen technologies; • Improved air quality and related environmental and health indicators associated with the reduction of fossil fuel emissions; • Improved coordination of energy-related policies and programs across jurisdictional levels of governance and with other local and community level programs in order to maximize the impact of this program on long-term local priorities; • Increased security, resilience, and reliability of energy generation and transmission infrastructure; • Leveraging of the resources of federal, state and local governments, utilities and utility regulators, private sector and non-profit organizations to maximize the resulting energy, economic and environmental benefits; and • Widespread use of innovative financial mechanisms that transform markets. ELIGIBLE ACTIVITIES A list of eligible activities for use of program funds is contained in Sec. 544 of EISA. Additional activities may be eligible pending approval by the DOE. The activities below are therefore not an exhaustive list and should be used as a guide to the intent of the program. DOE encourages each entity to develop a strategy, including its component activities, that is likely to result in maximum energy efficiency improvements, fossil-fuel emission reductions, economic benefits and total energy use reduction. 1. Development of an Energv Efficiencv and Conservation Strategy Entities may use a grant received under this part to develop and/or implement a strategy for energy efficiency and conservation and to carry out activities to achieve the purposes of the program. All entities receiving direct formula grants from the DOE are required to submit a proposed strategy for approval. 6 2. Technical Consultant Services: Entities may retain technical consultant services to assist the eligible entity in the development of such a strategy, including formulation of energy efficiency, energy conservation, and energy usage goals; identification of strategies to achieve those goals through efforts to increase energy efficiency, reduce fossil fuel emissions or reduce energy consumption through investments or by encouraging behavioral changes. Entities may develop methods to measure progress in achieving the goals. Entities may develop and publish annual reports to the population served by the eligible entity describing the strategies and goals and the progress made in achieving them during the preceding calendar year. 3. Residential and Commercial Building Energy Audits: Entities may support the conduct of residential and commercial building energy audits. 4. Financial Incentive Programs: Entities may establish financial incentive programs and mechanisms for energy efficiency improvements such as energy saving performance contracting, on-bill financing, and revolving loan funds. 5. Energy Efficiency Retrofits: Grants maybe made to nonprofit organizations and governmental agencies for the purpose of retrofitting existing facilities to improve energy efficiency. 6. Energy Efficiency and Conservation Programs for Buildings and Facilities Entities may develop and implement energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the entity. The range of activities includes the design and operation of the programs; the identification of the most effective methods for achieving maximum participation and efficiency rates; public education; measurement and verification protocols; and identification of energy efficient technologies. 7. Development and Implementation of Transportation Programs: Entities may develop and implement programs to conserve energy used in transportation, including but not limited to: • Employee flex time programs; • Promoting use of satellite work centers; • Development and promotion of zoning guidelines or requirements that promote energy efficient development; • Development of infrastructure such as bike lanes and pathways and pedestrian walkways; • Synchronization of traffic signals; • State/locals/regional integrated planning activities (i.e. transportation, housing, environmental, energy, land use) with the goal of reducing greenhouse gas emissions and vehicle miles traveled; • Incentive programs to reduce commutes by single occupancy vehicles; • Improvements in operational and system efficiency of the transportation system such as implementation of intelligent transportation system (ITS) strategies; • Idle-reduction technologies and/or facilities to conserve energy, reduce harmful air pollutants, and greenhouse gas emissions from freight movement; and • Installation of solar panels on interstate rights-of-way to conserve energy in highway operations and maintenance activities. 8. Buildinq Codes and Inspections: Entities may develop and implement building codes and inspection services to promote building energy efficiency. 9. Energy Distribution: Entities may implement distributed energy resource technologies that significantly increase energy efficiency, including: • District heating and cooling systems 7 • Combined heat and power systems • Cogeneration systems • Energy Storage systems • Absorption chillers • Desiccant humidifiers • Micro turbines • Ground source heat pumps 10. Material Conservation Programs: Entities may implement activities to increase participation and efficiency rates for material conservation programs, including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency. 11. Reduction and Capture of Methane and Greenhouse Gases: Entities may use grant funds to purchase and implement technologies to reduce, capture, and, to the maximum extent practicable, use methane and other greenhouse gases generated by landfills or similar waste- related sources, such as wastewater treatment plants, operations producing food waste, dairy farms and other animal operations. 12. Traffic Signals and Street Lighting: Entities may use grant funds to replace traffic signals and street lighting with energy efficient lighting technologies, including light emitting diodes; and any other technology of equal or greater energy efficiency. 13. Renewable Energy Technologies on Government Buildings Entities may use grant funds to develop, implement, and install on or in any government building of the eligible entity onsite renewable energy technology that generates electricity from renewable resources, including solar energy; wind energy; fuel cells; and biomass. 14. Anv Other Appropriate Activity: Entities may submit any other appropriate activity for approval in the Energy Efficiency and Conservation Strategy. METRICS The results of the funding provided for the EECBG Program through the Recovery Act will be assessed according to the performance metrics contained in Attachment C Reporting Requirements. STATES AND TERRITORIES: REVISION OF THE STATE ENERGY CONSERVATION PLAN Each state shall modify the state energy conservation plan of the state under 42 U.S.C. 6322 to establish additional goals for increased energy efficiency and conservation in the state. This requirement will be accomplished when the State applicant submits their annual State Energy Program plan for 2009. More details will be set forth in the upcoming Program Year 2009 State Energy Program Funding Opportunity Announcement. STATES AND TERRITORIES: ENERGY EFFICIENCY AND CONSERVATION STRATEGY States and territories shall submit an Energy Efficiency and Conservation Strategy (EECS) with their application. The EECS shall address the following: 1) the process for providing subgrants to units of local government that are not eligible for population formula-based grants; and 2) include a strategy of the state for the use of funds received under the program to assist the state in achieving the goals established in EISA, in accordance with 42 U.S.C. sections 17152(b) and 17154. The format for the EECS is contained in Attachment E. 8 Approval By the Secretary: The Secretary has a maximum of 120 days after receiving a proposed strategy to approve or disapprove it. If the Secretary disapproves a proposed strategy the Secretary shall provide to the state the reasons for the disapproval; and the state may revise and resubmit the proposed strategy as many times as necessary until the Secretary approves a proposed strategy. STATES AND TERRITORIES: DISTRIBUTION OF SUBGRANTS Each state that receives a grant under the program shall use not less than 60 percent of the amount received to provide subgrants to units of local government in the state that are not eligible for direct formula grants. The state shall provide the subgrants not later than 180 days after the date on which the Secretary approves the proposed energy efficiency and conservation strategy. States are required to develop a sub-granting process that expeditiously allocates funding, prevents fraudulent spending, generates robust reporting, and promotes the EECBG Program principles stated above. Washington, D.C. is explicitly defined as a state according to Section 541(6)(B) of EISA (42 U.S.C. 17151(6)(B)). Because the District of Columbia is a consolidated city-state government, it is not subject to the requirement applicable to states that not less than 60% of state funding must be subgranted to local units of government. Hawaii, the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands have no ineligible entities; these entities are exempt from having to provide subgrants. ELIGIBLE UNITS OF LOCAL GOVERNMENTS AND INDIAN TRIBES: PROPOSED STRATEGY Units of local government and Indian tribes must submit to the DOE a proposed Energy Efficiency and Conservation Strategy (EECS). This can be done through one of two methods: a) submit the EECS with the application utilizing the suggested format contained in Attachment D to this announcement; or b) submit the EECS not later than 120 days after the effective date of the award as Activity Area 1 on the EECBG Activity Worksheet (Attachment 61). If the latter option is chosen, the EECS shall be a comprehensive strategy that covers, at a minimum, all items detailed in Attachment D. Approval by the Secretary: The Secretary has a maximum of 120 days after receiving a proposed strategy to approve or disapprove it. If the Secretary disapproves a proposed strategy, the Secretary shall provide to the grantee the reasons for the disapproval; and the grantee may revise and resubmit the proposed strategy as many times as necessary until the Secretary approves a proposed strategy. EECBG FUNDING Funding allocations for the formula-based grants are included as Attachment A to this announcement. The statute established a number of parameters with regard to the funds made available for the EECBG program. Funds are apportioned under a series of formulas specified by EISA and formulas as determined by DOE. All funds must be obligated/committed within 18 months of the effective date of the award and expended within 36 months of the effective date of the award. • Set-Aside for Training and Technical Assistance Expenses: Prior to distributing funding to grantees, DOE may deduct funds for administrative expenses to administer the EECBG Program. STAGED DISBURSEMENT FOR EECBG AWARDS 9 Obligation of funds under the EECBG awards will vary based on the following: (1) the award amount, and (2) acceptance of an approved Energy Efficiency and Conservation Strategy (EECS). The EECBG staged disbursements are as follows: • Awards up to $250,000— 100% of allocation will be obligated at time of award. No EECS is required prior to award, but the EECS must be submitted within 120 days. • Awards above $250,000 but less than $2M —applicants may receive up to $250,000 for development of the EECS and approved activities. If not submitted with the application, the EECS is required within 120 days of the effective date of the award. The balance of the allocation will be obligated upon DOE approval of the recipient's EECS. • Awards above $2M —applicants may receive up to$250,000 at award for development of an EECS and approved activities, or 50% of the total allocation if an acceptable EECS has been submitted with the application and has been approved by DOE. The balance of funding will be obligated after one or more progress reviews in which the recipient must demonstrate that it has obligated funds appropriately, complied with reporting requirements and created jobs. Project performance will be monitored and corrective action taken, as necessary, to ensure acceptable performance for all awards. QUESTIONS Specific questions relating to the application and award process should be directed to EECBG@netl.doe.gov. For general questions regarding the EECBG Program, please contact the EERE'S Information Center at http:///www1.eere.energy gov/informationcenter/or call toll-free at 1-877-EERE-INFO (1-877-337-3463) between 9 a.m. and 7 p.m. EST, Monday-Friday. 10 PART II —AWARD INFORMATION A. TYPE OF AWARD INSTRUMENT • DOE anticipates awarding grants under this announcement. B. ESTIMATED FUNDING • The American Recovery and Reinvestment Act of 2009 appropriated $3.2 Billion ($3,200,000,000) for EECBG for fiscal year 2009. DOE will retain $59 million to provide technical assistance and training for grantees under the program. The amounts available for grants are as follows: • $1,863,881,000 for formula grants to eligible cities and counties • $767,480,000 for formula grants to states • $54,819,900 for formula grants to eligible Indian tribes The EECBG funding allocations are included as Attachment A to this announcement. Each state is required to pass not less than 60 percent of its allocation through to cities and counties within the state that are ineligible for direct formula grants from the DOE. C. PERIOD OF PERFORMANCE • DOE anticipates making awards with a thirty-six (36) month period of performance. Applicants must ensure that all funds are obligated for authorized activities within eighteen (18) months. D. TYPE OF APPLICATION • DOE will only accept new applications under this announcement. E. METHOD OF PAYMENT • Payment under the resulting awards will be made as advance through the Department of Treasury's Automated Standard Application for Payment (ASAP) System http://www.fms.treas.qov/asap/index.htmi. 11 PART III - ELIGIBILITY INFORMATION A. ELIGIBLE APPLICANTS In accordance with Section 541 of EISA, only the following entities may apply for financial assistance under the EECBG Program: States, U.S. Territories, Indian tribes, and units of local governments (cities and counties and their equivalents). The DOE uses the most recent and accurate population data from the U.S. Census to determine eligibility. Specific definitions for eligibility are as follows: STATES AND TERRITORIES For the purposes of the EECBG Program, an "eligible state" includes the 50 United States, the District of Columbia and the following Territories of the United States: Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. LOCAL GOVERNMENTS A local government is eligible for funds if the following conditions are met: 1. The government is included in the latest available Census of Governments as a currently incorporated government; 2. The government has a governance structure with an elected official and governing body; 3. The government has the authority to implement the eligible activities under this program; and 4. The government meets the population thresholds in EISA as further defined in the Federal Register. CITIES For the purposes of the EECBG Program, "city" includes a city-equivalent unit of local government as defined by the US Census of Governments. For example, a city-equivalent unit of local government such as a town, village or other municipality shall be considered eligible if it meets the required population thresholds. Consolidated city-county governments will be considered as cities. Cities that are eligible for direct formula grants from the DOE are those that have a population of at least 35,000, or that are one of the 10 highest populated cities of the state in which the city is located. In states that have incorporated eligible municipalities (villages) within the boundaries of other incorporated eligible municipalities (towns), the village population will be subtracted from the town's population. Cities that do not meet the eligibility requirements described above for direct formula grants from DOE may be eligible for program funds through subgrants through the state in which they are located. COUNTIES For the purposes of the EECBG Program, "county" includes county-equivalent units of local government as defined by the US Census of Governments. Counties are eligible for direct formula grants from the DOE if the county population is at least 200,000 or if the county is one of the 10 highest populated counties of the state in which it is located. County populations calculated for eligibility for direct formula grants from the DOE do not include the 12 populations of any and all cities within them that are eligible for direct formula grants from the DOE. Counties that do not meet the eligibility requirements described above for direct formula grants from the DOE may be eligible for program funds through subgrants through the state in which they are located. A group of eligible units of local governments may choose to submit a single application provided that the application is submitted by a single eligible unit of local government representing the group. The required assurances from the duly authorized official or highest elected official representing each of the units of local government must be provided. INDIAN TRIBES As defined by section 541(4) of Title V, Subtitle E of EISA, "'Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act." The Indian Self- Determination and Education Assistance Act states that, "'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians" (25 U.S.C. 450b). The Tribal Allocation for the EECBG Program will be distributed among the 562 federally recognized Indian tribes, listed in Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs published by Department of Interior's Bureau of Indian Affairs in the Federal Register on April 4, 2008, 73 FR 18553; and the 12 Alaska Native regional corporations established pursuant to the Alaska Native Claims Settlement Act (33 U.S.C. 1601 et seq.). All Indian tribes as defined above are eligible for direct formula grants from DOE. A group of eligible Indian tribes may choose to submit a single application provided that the application is submitted by a single Indian tribe representing the group. The Tribal Council Resolution from each participating Tribe must be included with the application (see Part IV-C.3. for more information). PLEASE NOTE: Only one application may be submitted by an eligible unit of local government or Indian tribe. If the unit of local government or Indian tribe intends to use Recovery Act funding to support projects performed by different parts of the eligible unit of local government or Indian tribe, the projects must be consolidated into a single application. OFFICIAL LIST OF ELIGIBLE ENTITIES The DOE official list of entities eligible for direct formula grants under EECBG Program is contained as Attachment A to this announcement. B. COST SHARING • Cost sharing is not required. However, leveraging of funds by grantees is encouraged in order to maximize the total additional energy-related benefits resulting from the program. 13 PART IV —APPLICATION AND SUBMISSION INFORMATION A. ADDRESS TO REQUEST APPLICATION PACKAGE • Application forms and instructions are available at Grants.gov. To access these materials, go to http://www.grants_gov, select "Apply for Grants," and then select"Download Application Package." Enter the CFDA number of the funding opportunity number located on the cover of this announcement and then follow the prompts to save the application package. Once you have SAVED the application package and completed all the required documentation, you will submit your application via the Fedconnect portal. See Section C. below for specific instructions as to the naming of your application package. DO NOT use the Save & Submit selection in Grants.gov. B. LETTER OF INTENT AND PRE-APPLICATION 1. Letter of Intent. • Letters of Intent are not required. However, if you are an eligible entity in accordance with Section 541, Subtitle E of EISA of 2007 and DO NOT intend to apply for these funds, please submit the following message to EECBG @ netl.doe.gov: Subject: DE-FOA-0000013- No intention of applying for funding The following entity:[State/City, State/County, State/Indian Tribe/State]will not be applying for their formula-based funding available under the Energy Efficiency and Conservation Block Grant Program. Please include the signature, name and contact information of the authorized individual responsible for this decision. 2. Pre-application • Pre-applications are not required. C. CONTENT AND FORM OF APPLICATION — SF 424 You must complete the mandatory forms and any applicable optional forms (e.g., SF-LLL- Disclosure of Lobbying Activities) in accordance with the instructions on the forms and the additional instructions below. Files that are attached to the forms must be in Adobe Portable Document Format(PDF) unless otherwise specified in this announcement. IMPORTANT: Your complete application package must be saved with a unique identification code (UIC). The UIC varies for each type of applicant and will be used by the DOE to help distinguish and organize the applications received under this announcement. As noted below, the UIC will also be used in the naming of certain files. The format for the UIC is as follow: For State applicants, the UIC consists of the following: 1 (State code) For units of local government, the UIC consists of the following: 1 (State code) —2 (Type of Local Government) —3 (Name of Local Government) For Indian Tribes, the UIC consists of the following: 14 1 (State code) —2 (Tribal Name) The "State code" is the two-letter state identifier. The "type of local government' should be identified as "City" for City governments, "County" for County governments, and "Other" for other types of local governments such as boroughs, townships, and villages. Examples of the various filename formats are shown below: State applicant: FL-SF424.pdf Unit of local government: OH-CITY-COLUMBUS.pdf Indian Tribe: AZ-NAVAJO NATION.pdf 1. SF 424 - Application for Federal Assistance Complete this form first to populate data in other forms. Complete all required fields in accordance with the pop-up instructions on the form. To activate the instructions, turn on the "Help Mode" (Icon with the pointer and question mark at the top of the form). The list of certifications and assurances referenced in Field 21 can be found on the DOE Financial Assistance Forms Page at http://management.energy gov/business doe/business forms htm under Certifications and Assurances. PLEASE NOTE: by signing the SF 424, Applicants are providing their written assurance that they will comply with ALL requirements set forth in the American Reinvestment and Recovery Act. 2. Project/Performance Site Location(s) Indicate the primary site where the work will be performed. If a portion of the project will be performed at any other site(s), identify the site location(s) in the blocks provided. Note that the Project/Performance Site Congressional District is entered in the format of the 2 digit state code followed by a dash and a 3 digit Congressional district code, for example VA-001. Hover over this field for additional instructions. Use the Next Site button to expand the form to add additional Project/Performance Site Locations. 3. Other Attachments Form Submit the following files with your application and attach them to the Other Attachments Form. Click on "Add Mandatory Other Attachment' to attach the Project Activity File. Click on "Add Optional Other Attachment," to attach the other files. • Project Activity File - Mandatory Other Attachment The format for the Project Activity File is contained in Attachment 61. The project activity file must contain a brief description of each activity the Applicant will undertake with the allocated funding. Applicants may propose more than one (1) activity. For each activity, Applicants should identify the market sectors being served, the anticipated number of jobs to be created, the anticipated number of jobs retained, the anticipated amount of energy saved and/or renewable energy generated, the anticipated reduction in emissions, and anticipated funds to be leveraged. Applicants should also identify the overall cost of the proposed project. The budgets for all activi 15 sheets should sum to the total allocation for the applicant Save the information in a single file named "UIC-Project Activity.pdf," and click on "Add Mandatory Other Attachment' to attach. ADMINISTRATIVE COSTS: State applicants may not use more than 10 percent of amounts provided under the program for administrative expenses (EISA Sec 545 (c)(4). Units of local government and Indian tribes may not use more than 10 percent or$75,000, whichever is greater (EISA Sec 545 (b)(3)(A). These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Administration. REVOLVING LOAN FUNDS: Units of local government and Indian tribes may not use more than 20 percent or$250,000, whichever is greater, for the establishment of revolving loan funds (EISA Sec 545 (b)(3)(13)). These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Revolving Loans. SUBGRANTS: State applicants may not use less than 60 percent of their allocation to provide subgrants to units of local government in the State that are not eligible for direct grants (EISA Sec 545 (c)(1)(A). Units of local government and Indian tribes may not use more than 20 percent or$250,000, whichever is greater, for the provision of subgrants to non-governmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the applicant (EISA Sect 545 (b)(3)(C)). These costs should be captured and summarized for each activity under the Projected Costs Within Budget: Subgrants. • SF 424 A Excel, Budget Information—Non-Construction Programs File You must provide a budget for the total project period/total allocation amount. Use the SF 424 A Excel, "Budget Information—Non Construction Programs"form on the DOE Financial Assistance Forms Page at htt2:Hmanagement.energy.gov/business—doe/business forms htm. You may request funds under any of the Object Class Categories as long as the item and amount are necessary to perform the proposed work, meet all the criteria for allowability under the applicable Federal cost principles, and are not prohibited by the funding restrictions in this announcement(See PART IV, G). Save the information in a single file named "UIC-SF424A.xls," and click on "Add Optional Other Attachment'to attach. • Budget Justification File— For Awards Less than $250,000 For applications seeking $250,000 or less, DOE intends to issue fixed obligation grants when the Applicant provides sufficient budgetary documentation for DOE to ascertain that actual project costs would be at least the amount sought in the application. Such documentation may include: • Competitive bids or quotes for equipment, materials and/or services. • Catalogue pricing for equipment and/or materials. • Published labor rates for services on a labor hour or time and materials basis. • Audited labor rates for work performed on a cost-reimbursable basis. Please note: In the event a fixed obligation grant is awarded, Recipients must certify in writing to the contracting officer at the end of the project that the activity was completed or the level of effort was expended, however should the activity or effort not be carried out, the recipient would be expected to make appropriate reimbursements. 16 For Awards Greater than $250,000 You must justify the costs proposed in each Object Class Category/Cost Classification category (e.g., identify key persons and personnel categories and the estimated costs for each person or category; provide a list of equipment and cost of each item; identify proposed subaward/consultant work and cost of each subaward/consultant; describe purpose of proposed travel, number of travelers, and number of travel days; list general categories of supplies and amount for each category; and provide any other information you wish to support your budget). Provide the name of your cognizant/oversight agency, if you have one, and the name and phone number of the individual responsible for negotiating your indirect rates. Save the budget justification information in a single file named "UIC- Budget.pdf," and click on "Add Optional Other Attachment' to attach. ARRA 2009 Additional Budget Justification Information Proposals shall provide written assurance that all laborers and mechanics on projects funded directly by or assisted in whole or in part by and through funding appropriated by the Act are paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 31 of title 40, United States Code (Davis-Bacon Act). For guidance on how to comply with this provision, see http://www.dol-gov/esa/whd/contracts/dbra.htm. • Subaward Budget File(s)— Required for Awards Greater than $250,000 You must provide a separate budget as well as budget justification for each subaward that has an estimated cost greater than 25% of the total allocation or$1,000,000, whichever is less. Save each Subaward budget in a separate file. Use up to 10 letters of the subawardee's name (plus .xIs) as the file name (e.g., ucla.xls or energyres.xls), and click on "Add Optional Other Attachment"to attach. • Financial Management Assessment The format for the Financial Management Assessment is contained in Attachment B2. In order to evaluate the viability of the Applicant's financial management system, the Financial Management Assessment should be completed, signed and certified by the Applicant's Financial Officer. This form should be saved in a file named "UIC-Financial Assessment.pdf" and click on "Add Optional Other Attachment' to attach. • EECS Strategy Format- For units of local government and Indian tribes only The format for the Energy Efficiency and Conservation Strategy to be used by units of local government and Indian tribes is contained in Attachment D. As detailed in Part I of this announcement, all applicants must submit an Energy Efficiency and Conservation Strategy(EECS). Units of local government and Indian tribes have the option of submitting the EECS no later than 120 days after the effective date of the award or at the time of application. Units of local government and Indian tribes who chose to submit the EECS at the time of application shall use the format contained in Attachment D. This form should be saved in a file named "UIC-Strategy.pdf"and click on "Add Optional Other Attachment' to attach. • EECS Strategy- For States only The format for the Energy Efficiency and Conservation Strategy for use by States is contained in Attachment E. State applicants must submit the EECS at the time of applications. The EECS should address the following: 1) the process for providing subgrants to units of local government that are not eligible for population formula-based 17 grants; and 2) include a strategy for the use of funds received under the program to assist the state in achieving the goals established in EISA, in accordance with 42 U.S.C. Sections 17152(b) and 17154. The EECS should be saved in a file named "UIC-Strategy.pdf" and click on "Add Optional Other Attachment' to attach. • Assurances REQUIREMENT FOR UNITS OF LOCAL GOVERNMENT: All units of local government, such as cities, towns, municipalities, counties or other, must designate the proper authority to apply for and receive funding based on Title V, Subtitle E, Energy Efficiency and Conservation Block Grants, Sections 541(3)(A) or 541(3)(B) of EISA 2007, Public Law 110- 140. The duly authorized official or highest elected official within the unit of local government, in consultation with the energy or sustainability department of that entity, if one exists, must certify the name and contact information for the part of the eligible government that is authorized to receive funds and implement the EECBG Program. REQUIREMENT FOR TRIBAL APPLICANTS: A Tribal Council Resolution, or other evidence of the applicant's authority to submit the application on behalf of the Tribe, must be submitted as part of the application. The Tribal Council Resolution or other evidence must verify that the entity submitting the application has or has been given the authority to submit on behalf of the Tribe. If an eligible Tribe is submitting the application on behalf of a team of eligible Tribes, a Tribal Council Resolution or other evidence from each of the entities must be submitted, as stated above. Save each certification in a separate file named "UIC-Assurances.pdf' and click on "Add Optional Other Attachment' to attach. 3. SF-LLL Disclosure of Lobbying Activities If applicable, complete SF- LLL. Applicability: 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 the grant/cooperative agreement, You must complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying." 4. NEPA All projects receiving financial assistance from DOE must be reviewed under the National Environmental Policy Act (NEPA) of 1969—42 U.S.C. Section 4321 et seq. Based on DOE's review of the list of activities that funds can be utilized for under the EECBG Program, DOE has determined that projects in support of activities 1-3, 6, 7A, 7B, 7C, 7E, 7F, 8- 10, and 12 (shown in the table in regular text) will likely be classified as categorical exclusions. Therefore, Applicants proposing projects in support of activities 1-3, 6, 7A, 7B, 7C, 7E, 7F, 8-10, and 12 are not required to submit any NEPA documentation at this time. However, DOE reserves the right to request NEPA documentation if during the review process it is determined necessary. Applicants proposing projects in support of activities 4, 5, 7D, 11, 13, and 14 (shown in the table below in bold text) may also qualify for categorical exclusion status. However, this determination cannot be made without NEPA review. Therefore, all Applicants proposing projects in support of activities 4, 5, 7D, 11, 13, and 14 must supply the environmental information contained in NETL F 451.1-1/3-EECBG contained in Attachment 133. This form should be saved in a file named "UIC-NEPA.pdf" and click on "Add Optional Other Attachment' to attach. 18 Applicants must know that by proposing projects in support of activities 4 5 7D 11 13, or 14, the NEPA process could delay the award process; applicants may be restricted to use of funds for planning purposes only until the NEPA process is complete. All project activites permitted under the EECBG Program and the corresponding required NEPA actions are reflected in the table below: Table of NEPA Requirements by EECBG Project Activities ACTIVITY ACTIVITY DESCRIPTION NEPA ACTION REQUIRED AT NUMBER THIS TIME 1. development and implementation of an energy efficiency and No further action needed at this conservation strategy under section 545(b); time 2. retaining technical consultant services to assist the eligible entity in the development of such a strategy, including— A.formulation of energy efficiency, energy conservation, and energy usage goals; B. identification of strategies to achieve those goals- (i)through efforts to increase energy efficiency and reduce energy consumption; and (ii)by encouraging behavioral changes among the population served by the eligible entity; C. development of methods to measure progress in achieving the No further action needed at this goals; time D. development and publication of annual reports to the population served by the eligible entity describing- (i)the strategies and goals; and (ii)the progress made in achieving the strategies and goals during the preceding calendar year; and E. other services to assist in the implementation of the energy efficiency and conservation strategy; 3. residential and commercial building energy audits; No further action needed at this time 4. establishment of financial incentive programs for energy Complete NETL F 451.1-1/3- efficiency improvements; EECBG and submit with application 5. the provision of grants to nonprofit organizations and Complete NETL F 451.1-1/3- governmental agencies for the purpose of performing energy EECBG and submit with efficiency retrofits; application 6. development and implementation of energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the eligible entity, including— A. design and operation of the programs; 19 B. identifying the most effective methods for achieving maximum No further action needed at this participation and efficiency rates; time C. public education; D. measurement and verification protocols;and E. identification of energy efficient technologies; 7. development and implementation of programs to conserve energy used in transportation, including— A. use of flex time by employers; No further action needed at this B. satellite work centers; time C. development and promotion of zoning guidelines or requirements that promote energy efficient development; D. development of non-highway transportation infrastructure, Complete NETL F 451.1-1/3- such as bike lanes and pathways and pedestrian walkways; EECBG and submit with application E. synchronization of traffic signals;and No further action needed at this F. other measures that increase energy efficiency and decrease time energy consumption; :::8. development and implementation of building codes and inspection No further action needed at this services to promote building energy efficiency; time 9. application and implementation of energy distribution technologies that significantly increase energy efficiency, including— No further action needed at this A. distributed resources; and time B. district heating and cooling systems; =energy rease participation and efficiency rates for material No further action needed at this rograms, including source reduction, recycling,and time t procurement programs that lead increases in cy; 11. the purchase and implementation of technologies to reduce, Complete NETL F 451.1-1/3- capture,and,to the maximum extent practicable, use methane EECBG and submit with and other greenhouse gases generated by landfills or similar application sources; 12. replacement of traffic signals and street lighting with energy efficient lighting technologies, including— A. light emitting diodes;and No further action needed at this time B. any other technology of equal or greater energy efficiency; 13. development, implementation,and installation on or in any government building of the eligible entity of onsite renewable energy technology that generates electricity from renewable Complete NETL F 451.1-1/3- resources, including— EECBG and submit with A. solar energy; application 20 B. wind energy; C. fuel cells; and D. biomass;and 14. any other appropriate activity,as determined by the Secretary, in consultation with— Complete NETL F 451.1-1/3- A. the Administrator of the Environmental Protection Agency; EECBG and submit with B. the Secretary of Transportation;and application C.the Secretary of Housing and Urban Development. Summary of Required Forms/Files As previously noted, the complete application package must be saved with the proper unique identification code(UIC). The UIC varies for each type of applicant and will be used by DOE to help distinguish and organize the applications received under this announcement. Your application must include the following documents. Please note: some of the documents are contained in the application package that Applicants will download from grants.gov. Other documents are to be crated using formats attached to this announcement and others do not have an established format and are to be created in the format of the Applicants choice: Name of Document Location of Document Format File Name Application for In grants.gov forms package Form N/A Federal Assistance– S F424 Project/Performance In grants.gov forms package Form N/A Site Location(s) Other Attachments Form N/A Form: Attach the following files to this form: Project Activity File Attachment B1 PDF UIC-Project Activity.pdf SF 424A File- DOE Financial Assistance Forms Page at Excel UIC-SF424A.xls Budget Information for http://management energy gov/business doe/ Non-Construction business forms.htm. Programs Budget Justification Created by Applicant PDF UIC-Budget.pdf File ::4 Subaward Budget Created by Applicant Excel See Instructions above File(s) (if applicable) Financial Attachment B2 PDF UIC-Financial Management Assessment Assessment.pdf EECS Strategy Attachment D PDF UIC-Strate gy.pdf 21 Format(units q government a Indian Tribes EECS StrategAttachment E PDF UIC-Strategy.pdf (states only) Assurances Created by Applicant PDF UIC-Assurances.pdf SF-LLL Disclosure of In grants.gov forms package Form N/A Lobbying Activities(if applicable) NEPA Information Attachment B3 PDF UIC-NEPA.pdf N ETL F 451-1-1/3- EECBG D. SUBMISSIONS FROM SUCCESSFUL APPLICANTS DOE reserves the right to request additional or clarifying information for any reason deemed necessary, including, but not limited to: • Indirect cost information • Other budget information • Name and phone number of the Designated Responsible Employee for complying with national policies prohibiting discrimination (See 10 CFR 1040.5) • Additional NEPA Information • Applicants who will be using grant money for infrastructure investments will be required to provide the following Certification prior to award: "With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certifies by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted." E. SUBMISSION DATES AND TIMES Application Due Date For State Applications Only: This announcement will remain open until May 26 2009 800.00 pm Eastern Standard Time. Applications may be submitted at any time before the specified due date and time. Applicants are encouraged to submit their applications as soon practicable. For Units of Local Government and Tribal Applicants Only: a second closing date of June 25. 2009 at 8:00 e 00 PM Eastern Tim will apply Tribal Applicants are encouraged to submit their applications well before this due date if possible. 22 F. INTERGOVERNMENTAL REVIEW This program is not subject to Executive Order 12372 (Intergovernmental Review of Federal Programs) and the regulations at 10 CFR Part 1005. G. FUNDING RESTRICTIONS Cost Principles Costs must be allowable in accordance with the applicable Federal cost principles referenced in 10 CFR part 600. LIMITATIONS ON THE USE OF FUNDS STATES AND TERRITORIES States must subgrant at least 60 percent of their allocation to units of local government in the State that are not eligible for direct grants. State applicants may expend for payment of reasonable administrative and planning costs not more than 10 percent of amounts provided under the program including the cost of reporting. LOCAL GOVERNMENTS AND INDIAN TRIBES Up to 10 percent or$75,000, whichever is greater, of grant funds may be used for administrative expenses, excluding the cost of meeting the reporting requirements of the Program. Administrative costs are the allowable, reasonable, and allocable direct and indirect costs related to overall management of the awarded grant. Up to 20 percent or$250,000, whichever is greater, of the grant funds may be used for the establishment of revolving loan funds. Up to 20 percent or$250,000, whichever is greater, of grant funds may be used for the provision of subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe. H. OTHER SUBMISSION AND REGISTRATION REQUIREMENTS 1. Where to Submit APPLICATIONS MUST BE SUBMITTED THROUGH FEDCONNECT TO BE CONSIDERED FOR AWARD. Information regarding how to submit applications via Fed Connect can be found at https://www.fedconnect.net/FedConnect/PublicPages/FedConnect Ready Set Go.pd Further, it is the responsibility of the applicant, prior to the offer due date and time, to verify successful transmission. 2. Registration Requirements There are several one-time actions you must complete rior to submitting an application through FedConnect(e.g., obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) 23 number, register with the Central Contract Registry (CCR), and register in FedConnect). Please allow 10 days for completing the registration process. Registration for these systems is not controlled by the Department of Energy. Therefore, questions relating to the registration process and system requirements must be directed to the individual help centers for DUNS, CCR, and FedConnect identified on the respective web sites. DUNS Number If your organization does not have a DUNS number, go to the Dun & Bradstreet(D&B) online registration located at httR://fedqov.dnb.com/webform/displavHomePage.do to receive a number free of charge or call 1-866-705-5711. CCR Registration The Central Contractor Registration (CCR) collects, validates, stores, and disseminates business information about the Federal Government's trading partners in support of the contract award, grants, and the electronic payment processes. To see if your organization is already registered with CCR, check the CCR website located at http://www.bpn.gov/ccrina/scriPts/search.asp. You will be able to search CCR by using either your organization's DUNS Number or legal business name. If your organization is already registered, take note of who is listed as the organization's E-Business Point of Contact (E- Business POC). This person will be responsible for registering in FedConnect. If your organization is not registered in CCR, go to the CCR Website at www.ccr.gov and select the "Start New Registration" option to begin the registration process. Please allow up to 7 days for processing of your registration which includes the IRS validating your Employer Identification Number (Taxpayer Identification Number or Social Security Number). The organization's E- Business POC will be designated during the CCR registrations process. A special Marketing Partner ID Number (MPIN) is established as a password to verify the E-Business POC. This MPIN is needed for the initial FedConnect Registration. FedConnect Registration FedConnect is a web portal that bridges the gap between agencies and vendors to streamline the process of doing business with the federal government. Through this portal, you will be able to review opportunities, submit applications and receive awards. To register with FedConnect, go to https://www.fedconnect.net If you are the first person from your company to register,FedConnect will need to create a company account. This is done by the E-Business POC indentified in CCR using the organization's CCR MPIN. After the initial FedConnect account is created, employees can register themselves without the MPIN. 24 Part V - APPLICATION REVIEW INFORMATION A. PRELIMINARY REVIEW Applications will initially be reviewed to determine that (1) the applicant is eligible for an award; and (2) the information required by the announcement has been submitted; (3) all mandatory requirements are satisfied; and (4) the proposed project is responsive to the objectives of the funding opportunity announcement. B. REVIEW AND AWARD PROCESS Applications will be reviewed to determine that the activities proposed are in accordance with Section 544 of EISA 2007. Awards will be made in accordance with the final EECBG Formula Allocations. These allocations are contained in Attachment A to this announcement. 25 Part VI - AWARD ADMINISTRATION INFORMATION A. AWARD NOTICES Notice of Award • An Assistance Agreement issued by the contracting officer is the authorizing award document. It normally includes either as an attachment or by reference: (1) Special Terms and Conditions; (2) Applicable program regulations, if any; (3) Application as approved by DOE/NNSA; (4) DOE assistance regulations at 10 CFR part 600, or if the award is for research and to a university or non-profit, the Research Terms and Conditions; (5) National Policy Assurances To Be Incorporated As Award Terms; (6) Budget Summary; and (7) Federal Assistance Reporting Checklist, which identifies the reporting requirements. B. ADMINISTRATIVE AND NATIONAL POLICY REQUIREMENTS 1. Administrative Requirements The administrative requirements for DOE grants and cooperative agreements are contained in 10 CFR part 600 (See: http://ecfr..qpoaccess gov) and, if the award is for research and to a university or non-profit, the Research Terms & Conditions and the DOE Agency Specific Requirements located at http://www.nsf.gov/bfa/dias/policv/rtc/index isp Recovery Act 2009 Award Administration Information Special Provisions relating to work funded under American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 shall apply. Also, the Office of Management and Budget may be promulgating additional provisions or modifying existing provisions. Those additions and modifications will be incorporated into the Special Provisions as they become available. These Special Provisions are located at http://manaaement enerav aov/business doe/business forms htm 2. Special Terms and Conditions and National Policy Requirements Special Terms and Conditions and National Policy Requirements The DOE Special Terms and Conditions for Use in Most Grants and Cooperative Agreements are located at http://management energy aov/business doe/business forms htm. The National Policy Assurances To Be Incorporated As Award Terms are located at DOE http://management enerav aov/business doe/business-.forms.htm. Intellectual Property Provisions The standard DOE financial assistance intellectual property provisions applicable to the various types of recipients are located at http://www.gc.doe.gov/financial assistance awards htm. C. REPORTING Reporting requirements are identified on the Federal Assistance Reporting Checklist, DOE F 4600.2, located in Attachment C to this Announcement. The requirements include special reporting set forth under the Recovery Act. 26 PART VII - QUESTIONS/AGENCY CONTACTS A. QUESTIONS For general questions regarding the EECBG Program, please contact the EERE Information Center via phone or email at 1-877-EERE-INFO (1-877-337-3463) (Toll-free) or eereic @ee.doe.gov. Specific questions relating to the application and award process should be directed to EECBG@netl.doe.gov. 27 PART VIII - OTHER INFORMATION A. MODIFICATIONS Notices of any modifications to this announcement will be posted on FedConnect. You can receive updates through FedConnect's message center once you register interest for the opportunity. B. GOVERNMENT RIGHT TO REJECT OR NEGOTIATE DOE reserves the right, without qualification, to reject any or all applications received in response to this announcement and to select any application, in whole or in part, as a basis for negotiation and/or award. C. COMMITMENT OF PUBLIC FUNDS The Contracting Officer is the only individual who can make awards or commit the Government to the expenditure of public funds. A commitment by other than the Contracting Officer, either explicit or implied, is invalid. 28 APPENDICES/REFERENCE MATERIAL • Attachment A— EECBG Program Allocations • Attachment B1 — Project Activity File • Attachment B2— Financial Management Assessment • Attachment B3—NETL F 451.1-1/3-EECBG • Attachment C — Reporting Requirements • Attachment D — EECBG Strategy Format (units of local government and Indian tribes) • Attachment E— EECBG Strategy Format(States) 29