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HomeMy WebLinkAbout1998-262 Res 98-262 - Bound Document Stored Separately - Application for an Empowerment Zone/ Enterprise Community Designation - Dated 09/21/1998 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND SUBMISSION OF AN APPLICATION FOR URBAN FEDERAL 3 EMPOWERMENT ZONE DESIGNATION AND OF A NOMINATING LOCAL GOVERNMENT(S) RESPONSIBILITIES AGREEMENT. 98-262 4 5 WHEREAS, the City of San Bernardino desires to submit an Application for Urban 6 Federal Empowerment Zone Designation to the Department of Housing and Urban Development 7 by and through the State of California; and 8 WHEREAS, in conjunction therewith the City of San Bernardino desires to submit a 9 Nominating Local Government(s) Responsibilities Agreement; and 10 WHEREAS, the City of San Bernardino hereby certifies that the following conditions 11 exist: 12 I. The nominated urban area satisfies the boundary tests in that said area has a 13 contiguous boundary, or consists of not more than three noncontiguous parcels meeting the poverty 14 criteria, and not more than three noncontiguous developable sites exempt under Section 15 598.115( c)(1) of 24 Code of Federal Regulations from the poverty rate criteria; 16 2. The nominated urban area is one of pervasive poverty, unemployment and general 17 distress as prescribed by Section 598.110 of24 Code of Federal Regulations; 18 3. The nominated urban area contains no portion of an area that is included in an 19 Empowerment Zone or any other area currently nominated for designation as an Empowerment 20 Zone; and 21 4. The City of San Bernardino has the authority to nominate said urban area for 22 designation as an Empowerment Zone, make the commitments required of it pursuant to Section 23 598.2l5(b) of 24 Code of Federal Regulations concerning elements of thc strategic plan. and 24 provide written assurances to the Secretary of the Department of Housing and Urban Development 25 that the strategic plan will be implemented. 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 27 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 28 SECTION 1. The Mayor is hereby authorized to execute and submit on behalf of the City HTC/ea[Empo\..'Zon.res] 1 August 31. 199H 98-262 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION AND SUBMISSION OF AN APPLICATION FOR URBAN FEDERAL 2 EMPOWERMENT ZONE DES]GNATION AND OF A NOMINATING LOCAL GOVERNMENT(S) RESPONSIBILITIES AGREEMENT. 3 4 of San Bernardino an Application for Urban Federal Empowerment Zone Designation, a copy of 5 which is attached hereto as Exhibit" A" and incorporated fully herein by this reference. 6 SECTION 2. The Mayor is hereby authorized to execute and submit a Nominating Local 7 Govemment(s) Responsibilities Agreement. a copy of which is attached hereto as Exhibit "B" and 8 incorporated fully herein by this reference. 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 10 Common Council of the City of San Bernardino at a regular meeting thereof. held on the 11 8th day of September ,] 998, by the following vote, to wit: 12 Council Members: AYES NAYS ABSTAIN ABSENT 13 ESTRADA x 14 LIEN x 15 ARIAS x 16 SCHNETZ x 17 DEVLIN x 18 ANDERSON x --- 19 MILLER x 20 ~~r~'~ 21 22 The foregoing resolution is hereby appro,ved this/t 2'day (If Septembe,l; 1998. -~_'-{_ i!<><"'/' J DII H V ALLES, Mayor ity <if San Bernardino t I '. J 23 24 25 Approved as to form and legal content: 26 JAMES F. PENMAN, 27 City A~torney ii,._. 28 By: .v~t:'h"':f 7: I '-.!1..7-~''''''' // , HTC/ea[Empowzon.res] 2 August 31. 1998 AU.-31-98 07:46 AUG-3l-98 MON 8:43 POS R-893 Jab-~74 98-262 Exhibit Ix 05 for Urban Federal Empowerment Zone Designation U.s. Department of Housing and Urban Development Office of Community Planning end Development Nomination Forms Nomination Categories (mark as appliCablg). Number of years of designation requested (ma.xlmum of '0 yQars): . DUrban \ Indian ReseIVa'ion State and Local Government Identification 1\ yes_ no _ Part I: A. Nominating State Government(s). Tribal Governing Body, or State Chartered Economic Development Corporation N~me of Entitv; \ Authorized Otliehll: Contact Person (NatTIe and Title): !Telephotle Nl.Jmbsr: Address (Slr1gel / PO 60)1" City, Slale, & Zip Codv): N.me 01 E:r'll1ly: Contact Person (Name and Tille): I Aulhori;r;ed Oltit;;al: I Telapl10ne Number: "ddreSEi (Slreell PO Boll., City. Sla\lt. &. Zip Coda): Nell'" 01 JurisdictIon: o Enter the .~~tal number of nominating local governments. \ Melropolitan Slaliilical Area Name (il in an MSA): B. NOlllinating LOcal Governmenl(s) AuthOrized Qlficlal' C-;~lacl Person (Name ~nd Title}: 1 Telephone Number: Addresli (Stree! I PO Box. Cily. State, &.llp Code): Cout'llY: Name or Juri~dictio"'; Aulhorized orficial: I Matropollten Stati6lica1 Arell Name (ii'n "n M5A)' 'G~;ntact Per50fl (Name and Title): : Telephone Number: Address (Street I pO eox, City, State. & Zip Code): I Counly: I Attach separate sheet(s), a.s necessary. to provide idotntical inform3.tion for all governments nomin;J.ting the area. Numbe, lhe additional .heets 4a. 4b. e'C. EXHIBIT "A" lo,m HUD-40003 (5198) 4 AUG-31-9S 07:46 AUG-3i-98 MON 8:43 98-262 P06 R-S93 Job'.074 P.D6 Part 11; Eligibility Information This form incorporales the Information necessary to d~monstrate that the nominated area meet:,; the statutory eligibility require- n1c:nt~. Procedure~ fur identifying the: population and poverty rate data are given in Part IV. Use the results (0 allSwc:r [hI.: ~\ppl"Oprii.ltc items below. A. Size & Location 01 the Nominated Area 1. WO::n is the squ:u'e mileag.e of the nominated area? 2. Is r.h~ nominated area located wholly within the jurisdiction of the: go'Vcrnrn~nt(S) li::;ted in Part 1: Stale: and Loca.l Govemme1'lt Id~ntification? 3. b lh~ r'lomini.lled .."rea \ocllli:d in nO mOil: than tWO contiguous Stales: 4. Is the boundary of the nomin:.ned are.3 continuous'? Ol. If "no:" aoes the nominat~d area.. excluding devc:1opabh:: sites. consist of not more th~lI' thr~e noncontiguolls parcels? 5. txxs the nOtTlino.h:d area indud~ developable si~es th:.l.t il,J'e e;\cmp[ from th~ poveny rate critcria~ <1. If "yes:' are thcre 1'10 more than three nOll- contiguous parcels thut an:: d~....dopable sites? b. If "ye:-." ar~ they 2.000 acres 01" k~:t in lhe a,g:gregat.:'? 6. Is Ih~ nominatc:d arc1.l a M~tropoli(:ln SI:uistical Arc:t'? .n. If "1\0:' has the nominating locill government doc;ulTIcnted lhe: urban ch.J.raclc::r of ~he nre:l? 7, Are there an)' census t["J.cts wi.thin Q. cenlral bosin~ss district: a. If "ye~:' is the poverty rate o.t least 35% for such tiolcts? B. populalion.& poverty Rate 01 the Nominated Area L Do any of the cenSUS Inets included in the nominated are01 have a population of less than 2.000? a. If "yes," is more than 75% of the tr;lct 'Zoned commercial/indus(r1:::Ll? b. If "yes," is the (I'act contiguous to one or more other Census traCts that have a poverty rate of at le.st 25%? Ves No 00 00 00 00 00 00 DO 00 00 00 DO 00 DO DO 2. From the P.n IV populotion form. provide the following information for the entire arc;), nominated: n. TOUlI 1990 censuS poputolion b. Excluding census tr:lCtS containine: develo~ablc sites, do aU c:en5U5 ~ in the nominated area h.lVe :l povcrty rate of at leilSt 20%? c. Excluding ccnsU~ tr:lCtS cont:1il'ling developable sites. do at least 90% of all the: cenSU~ traCts in the nominated Area have a poverty rate of ntle.sI25'k? 3. What is the population of the: mo:it populous city in the nOlnini.1ted area? a. What is the name of tholt city? C. Distress 01 the Nominated Area I. I~ the perva..'iive poven:y of the: area d~tai l~d in the Strategic Plan'! 2.1:; the unemployment of tht nrea detail~d in thlC SWltcgic: Plan? 3. Is the general dislres!' of the area, including th~ physical and social conditions. thilt demonstrate iI, detaih:d in the Slro1egic Plan? D. Alaska and Hawaii Nominations Only Do O1t least 20% of the famlHes in ench cen~us tr.lCl wilhin the nominated area hove incomes at OT below 50% of the statewide m~diiln family income? lorm HU0-40003 t5l99) EXHIBIT "A" Yes No 1"\ DO 00 il 00 00 00 00 5 AUG-lHB 07:46 AUG-31-98 MON 8:44 98-262 Part III: Certifications P 07 R-B9l Job-074 p, 07 I hc:reb~ certify that th~ portion of (h~ nominated nrc:.1 that t rcptl!:...ent ml:l;:t' all Fcul;fal diZibilil) l1:l\uitements anc.! that [0 the best of my knowledge ::md bt:lic:f: a. the infor'mation in this nominatiun is !rue and correct: h. each nominatin.i; entity ha.:s the authority. with respect to the r'lominated an~a. to: (I) nominate such area for designation as an Empowerment Zone: (2) make the SI.ne.loca.1. Ot' tribn\ commilments that the Strate. gic P1an will be! implemented; and (J) provide assumnces that suel) commitments will be: fulfilled: c. the numinating entitie.\ shall comply with Slate, local. and fed-:r:lI pro,grnm rc:quirements find have agreed in writing to carry out the- S~r:l.tegic Plan if designated: d. the I"lOminalin~ entitic:s will adminiSLer the EZlEC Initi;l,tive in n m;.Lnn~r thm :afrirmatively funh(rs fair housin~ on the ba.'ii.s of race:. calor. national origin. religion. sex. dis<lbility. and fnmili.LI.1 statuS (presenc~ of children): c:. th~ nominaf~d ar~a~ mc!~t (:1ch of the ~Iigibmty criteria. includ. ing spedal ex;ccptions. sct forth il'\ the pro~ra1T\ regulations: (t) (hI.: !cographic area !O:ltisfi~s the: pOl'ulatiao requirements; (2) the geographic arca is OI1~ ofper.'tl~iv~ p.)\.'crt)'. un~mploy- memo nod gen~r:.\1 oi"lr~s": (3) the geographic Qrea ml!cts the ~i7..e and boundary tcst: ilUU (4) the @eogr:1phk area meeloi the poverty r:lte criteria: r. e~ch noncontiguous parcel (c:lcep( for up to three noncuntig.u- OUS parcels identified.:l-' -developable sites") being nomin:,ued meets the poveny rate criteria: g. the amount ofEZlEC SSBG funds provided 10 Ihe Sme for ,he atea will not be l,.Ised to SUpplolfU other Federal or non.Fed~ri:ll funds; h. the nominating ~ntjties agree to mal.:e all inform:uion avail61bl~ ilS requt!:sted by the dC:ii~n;1ting S.:cn:t~!ries tp aid in e\'~luation of progress in implement:nion of the Strategic Plan and report- in! On the use of EZ/EC SSBG funds: i. the nominating Stille or tribal g:overnmt:nt agrees to distribute the EZlEC SSBG funds in accordilnct!' with Ihe Slralq!k Pl.an of the d~sitiHned Zone: and j. no portion ofth( nominated an:a i~ indudl.!d in on Empowcrm~nt Zone or any other area currently nominatell for desigmuion:ls an Ernpowerment Zone. Authorized Nominating Stale, Tribal Governing Body. or Economic Development Corporation Official(s) type or print Name of Enli1y: Signature & DBle: Name of Authorized ONiclal & Title: x Name of Entity: Signature & Da.te: N;~e of AuthoriZAd Official & Title: x Authorized Nominating Local Government(s) and Official(s) type or print Govemrnenml Unit & State Name: Signature & Oate; Name or AulhO(\zed Official and Title: x - GovEl'rnmental Unit & State Name: SIgnature IS. Date: Name of Authorized Official and Title: x Governmental Umt & State Name: Signature & Date: Name of Autho(iz9d Official and Title: x AUach separate sheet(s). a~ necessary. to provide identical inform::uion and official signatures for all governments nominarins the area. Number the sheers 64, 6b, e~~.. 6 EXHIBIT "A" form HUD-40003 (5/95) AUG-31-98 OT:45 AUG-3l-98 MON 8:44 P08 98-262 R-893 Job-OT4 p, 08 Part IV: Population Data Form Duplic.ate: this page fot e:J.ch noncontiguous pa.rcel in the nominated area, Number the addc:d page~ 7a. 7b. tt,=. Enter the lotal numbe.r uf censu" tracts list~d on all pa:es in the block to the ri~hL I ...-J Name 01 City: , ; Poverty 1 1. I 2. : 3. \ 4a. 4b. I 5. I I No. of PQtc,mt I Special I Lal'1d 'Per~ons Below Code, CenSus Tract' 1990 I Area ,in Eaeh Povl!.rty if ; Numb~OPUI.1I0n.\ (6<1 mIles) '! Tract ~euel IAPPlicable 2. 3. 4. 5. 6. 7. B. 9 10. 11. '2. 13. 14. 15 16. 17, lB. 19. 20. 1, , 2. i 3. I \ I Land : Census Tract I 1990 I Araa I Number population: (5q. miles) : I I I I 1 I \ \ ! \ Name 01 Stale; I 21. I \ .. I 1 i \ \ I I ! I I I I ! I , I I I I ! I I \ ; I I I I i I \ I , 26, I " I \ 27. i \ 2B. \ , 29. : I 30 I ; 31. I 32. I 33. 34. 35. 36. 37. 3B. 39. 40. Totals 22. 23. 24. 25. .-+- Number 01 census tracts that have a poverty rate of 20% or greater. Number 01 census tracte that have a poverty rate 01 25% or greater. Number 01 census Iract5 with a population 01 less than 2,000. form HUO-40003 (5/981 EXHIBIT "A" poverty : 4a. 4b. I 5. No. of I Percent' Special Persons Below \ Code. in t=.ach PO\l'er1y if !~L Level Applicable I I I I ~ I \ , , , I , , I I I , ; : I I , I I I , I , I \ ! I i , ! ....,. : I 7 AUG-31-S8 07:46 AUG-31-9S MON S:41 98-262 P 02 R-8S3 Job-m Exhibit f? 02 STATE OF C"'UFORNIA- HEALTH AND WELFARE AGENCY PEre WlLS~. GaI'WnGl' DEPARTMENT OF SOCIAL SERVICES 744 P Street. Sacramento. CA 95814 e NOMINATING LOCAL GOVERNMENT(S) RESPONSIBILITIES AGREEMENT The Nominating Local Government(s), their agent(s}, and contractor(s) agree(s) to comply with all of the following: 1. Assures that all services provided through this Agreement, including those specified in the strategic plan, shall be in accordance with all applicable State and Federal laws, regulations, guidelines and policies, including those specified in the strategic plan. 2. Assures that any modifications, including those required by the State, to the certified strategic plan shall be reflected in writing as amended Exhibit A to the contract. 3. Assures that all nominating local government(s), their agent(s), and contractor(s) must comply with all State and Federal nondiscriminatory laws and regulations. 4. Understands that it has primary responsibility for ensuring compliance with the certified strategic plan, and further agrees that it shall be responsible for the perfonnance of any agents or contractors. 5. Shall be responsible for ensuring that any agents or contractors meets all applicable requirements listed herein. 6. Agrees to make appropriate information available, whether maintained by themselves, their agents or contractors, collect appropriate data, and actively participate in the State's evaluation related to the Federal Empowennent Zone/Enterprise Community (EZlEC) grant. 7. Assures to take any action necessary to correct deficiencies found in the nominating local government(s}, their agent(s), and contractor(s) perfonnance. 8. Assures to maintain and allow the State prompt access to books, records, documents and other evidence pertaining to the costs and expenses of this Agreement to the extent and in such detail as will properly reflect all net costs, direct and indirect, or labor, materials. equipment, supplies and services and other costs and expenses of whatever nature for which reimbursements are made pursuant to the certified strategic plan. Said maintenance shall be for a periOd of ten years after the State makes final payments and all other pending matters are closed. 9. Agrees to maintain and allow the State and/or Federal government prompt access to all and any books, records, documents and other evidence relevant to the strategic plan, whether maintained by any nominating local government(s), their agent(s), and/or contractor(s}. EXHIBIT "B" AU.-31-SB 07:48 AUG-31-98 MON 8:42 P03 R-BS3 Job-074 98-262 P. 03 10_ Nominating local government(s), their agent(s), and contractor(s) shall be required to provide services which shall be culturally and linguistically appropriate to the populations served as identified within the strategic plan. FISCAL PROVISIONS 11. The nominating local government(s), their agent(s), and contractor(s) shall not include proposals in the strategic plan that will result in increased costs to State programs. 12_ Assures that grant award funds will be used to supplement, not replace, other Federal or non-Federal funds for services or activities eligible under the Federal EZlEC program. 13_ Assures payment to the State of administrative charges to cover the cost of administering and monitoring the Federal EZlEC grant, which will be deducted from the Federal grant award. 14_ Assures the State the right to review billing procedures 15. Payment for services under this Agreement are contingent upon the availability of Federal funds, and complete compliance with the strategic plan, the application, and this Agreement. 16. Assures maintenance of records on the amount expended for each type of service and furnish this information in the manner requested by the State and/or Federal government. 17. Assures responsibility for monitoring the performance of all agents and contractors. 1 B. The nominating local government(s) their agent(s), and contractor(s) must comply with all applicable State and Federal laws and regulations. 19. Assures this Agreement is valid and enforceable only if the agreed upon funds to be passed on to the nominating local government(s), their agent(s), and contractor(s) are made available to the State by the United States government. 20. Acknowledges the State has the option to void the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction of funds or reduced need for services. 21. Acknowledges that the State's funding source for this Agreement is Federal Title XX funds, and it being further understood the nominating local govemment(s), their agent(s), and contractor(s) is/are responsible for administering the program as described herein. Nominating local government(s), their agent(s), and contractor(s) agree(s) to accept total responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate State and/or Federal audit agencies directly related to the provisions of this Agreement. Nominating local government(s), their 2 EXHIBIT "B" AUHHB 07 :46 AUG-3l-9S MON S:42 98-262 P 04 R-B93 JcH74 P.04 agent(s). and contractor(s) also agree(s) to pay to the State the full amount of the nominating local government(s), their agent(s), and contractor(s) liability to the Federal government resulting from said audit exceptions. GENERAL PROVISIONS 22. Acknowledges that the State may terminate this Agreement and be relieved of the payment of any consideration to the nominating local government(s), their agent(s). and contractor(s) should nominating local government(s), their agent(s), and contractor(s) fail to perform the covenants herein contained at the time or in the manner herein provided. 23. The nominating local government(s), their agent(s). and contractor(s) agree(s) to indemnify, defend. and save harmless the state, its officers, agents. and employees from any and all claims and losses accruing or resulting to any and all Contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the pertormance of this Agreement and from any and all claims and losses accruing to any person, firm or corporation who may be injured or damaged by the nominating local government(s), their agent(s), and contractor(s) in the performance of this Agreement. 24. The nominating local government(s), their agent(s), contractor(s) and employee(s) thereof, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of Califomia_ NOMINATING LOCAL. GOVERNMENT(S) Signed: Title: Date: Signed: Title: Date: Signed: Title: Date: Signed: Title: Date; Signed: Title: Date: 3 EXHIBIT "B" 98-2q2 Subnussion Requirements OMS Approval No. 2506-0148 (exp. 5/31/98) Submissions In order to be considered for designation. in general. nominations that are completed and acceptable for processing must be received by 5:00 p.m., Eastern Time, Friday, October 9,1998. Special instructions for delivered applications. mailed applications, and applications sent by overnight delivery are contained in the Notice of Funding Availability (NOFA). Nominations must be submitted in the general format that follows: . Nomination Form Parts I through IV, including required certifications and written assurances. . The Strategic Plan. which is the narrative submission and the core of the nomination. It is recommended that an index or table of contents identify major components and that the pages be numbered sequentially. Tabs or other separations may be used as appropriate. (For more information on how to prepare a nomination, applicants are referred to the "Application Guide:' "Strategic Planning Guide," "Federal Programs Guide." "Perfor- mance :-Ieasurement System Guide." Internal Revenue Service Publication 954 "Tax Incentives for Empowerment Zones and Other Distressed Com- munities." u.s. Department of Health and Human Services' Guidelines for Uses of EZ/EC SSBG Funds. Empowerment Zones: Rule for Second Round Designation. and the Notice of Funding Availability. published in the Federal Register. These publications may be downloaded from the HCD Web site at http://www.hud.gov/ezec/ezec.html. These pub- lications may be ordered by calling Community Connections at 800-998-9999. ) . Map(s): .~ttach a copy of the 1990 census map(s) showing (1) the boundaries of the local government(s) discussed in Part 1: State and Local Government Identification and (2) the boundaries of the nominated area. including developable sites. if any. Applicants are required to send an original and two copies of the nomination to: Office of Community Planning and Development clo Processing and Control Unit Room 7255 U.S. Department of Housing and Urban Development 451 Seventh Street, SW Washington, DC 20410 form HUD-40003 (5/98) 3 98-262 Nomination Forms U.S. Department of Housing and Urban Development Office of Community Planning and Development for Urban Federal Empowerment Zone Designation Number of years of designation requested 10 (maximum of' 0 years): Nomination Categories (mark as applicable): X Urban Indian Reservation yes _ no Part I: State and Local Government Identification A. Nominating State Government(s), Tribal Governing Body, or State Chartered Economic Development Corporation Name of Entity' Authorized Official" State of California --_.~_._--- Contact Person (Name and Tille) Telephone NUr'"'cer" ,_....~ _ CharleneL. Meeks Address (Street.' PO Box, City. Stale. & Zip Code): 744 "p" Street, M.S. 17-02, Sacramento 95814 (916) 657-2648 Name of Entity: Authorized Official: Contact Person (Name and Title; Telephone Number" Address (Street PO Box. City. State. & Zip Code): B. Nominating Local Government(s) 1 Enter the total number of nominating local governments. Name of Jurisdiction" City of San Bernardino Metropolitan Statistical Area Name (if in an MSA): Riverside-San Bernardino MSA Authorized Official Judi~h Valles, Mayor Contact Person I,Name and Titlel Susan Morales, Assistant Telephone NUr"cer' (909) 38~-5081 Address (Street PO Sox_ City. State & Z:p Code) 201 North "E" Street San Bernardino, CA 92401 County San Beru2.rdino Name of Jurisdiclion Metropolitan Statistical Area Name (if in an MSA): Authorized Official Contact Person (Name-a-nd-~ritle) Telephone NUMber' - County' Address (Street.' PO Box, City. State. & Zip Code): Attach separate sheet( s). as necessary. [0 provide identical information for all governments nominating the area. Number the additional sheels 4a. 4b. elc. 4 form HUD-40003 (5/98) 98- 26?-, Part II: eligibility Information This fOfm incorporates the information necessary to demonstrate that the nominated area meets the statutory eligibility require- ments. Procedures for identifying the population <.md poverty rate data are given in Part IV. Cse the results to answer the appropriate items below. A. Size & Location of the Nominated Area I. \',I'hat is the square mileage of the nominated area'~ 2. Is the nominated area located wholly within the jurisdiction of the govemment(sl listed in Part L Stute and Local Government Identification'~ 3. Is the nominated area located in no more than two contiguous S[ates'~ .+. Is the boundary of the nominmed area continuous? a. If "no'" does the nominated area. excluding developable sites. consist of not more than three noncontiguous parcels".) 5. Does the nominared area include developable sites that are exempt from the poverty rate criteria'? a, If ''yes:" are there no more than three non- contiguous parcels thar are developable sites? b. If "yes:' are they 2.000 acres or less in the aggregate'? 6. Is the nominated area a ~letropolitan Statistical Area'? a. If "no." has the nominating local government documented the urban (haracter of the area'? 7. Are there any census tracts \vi[hin a central business disrril't'? a. If "yes'" is the poverty rate at least 35r, for such tra1.:ts? B. Population & Poverty Rate of the Nominated Area I, Do any of the census tracts induded in the nominated area have a population of less than 2.000'? a. If "yes." is more than 7SC::C of the tra1.:t zoned commerciallindustrial'? b. If "yes:. is the tract contiguous to one or more other census trae[s that have a poverty rate of at least 25o/c? Yes No 7.68 T iT '- I~ X CT -L _x_ x x x JL x lL JL ., From the Part IV population form. provide the follo\.\ing infonnation for the entire area nominated: a. T o[al 1990 census population b. Excluding census tracts containing developable sites. do all census tracts in the nominated area ha;,,'e a poverty rate of at least 209c? c. Excluding census tracts containing developable sites. do at least 909'c of all the census tracts in the nominated area have a poverty rate of at least 2S%"? ~'. \Vhat is the population of the most populous city in the nominated area'? J, \Vhat is the name of th;.J.[ (ity? San Bernardino T C. Distress of the Nominated Area I. Is the pervasive poverty of the area detailed in the Strat~gil' Plan'? Is the un~mploymem of [he area detailed in th~ Strategi...: Plan? , h [h~ g~n~ral distress of th~ area. including the physic:.11 and social ...:onditions that demonstrate it. detailed in the Strategic Plan'? Yes No 47.573 lLL- -J{- 181,000 JL x r form HUD-40003 (5/98) 5 D. Alaska and Hawaii Nominations Only Do at least 200'c of the families in each census tract within the nominated area have incomes at 0r below S09c of the stat~\.vide median family income? 98~62 . . Part III: LeruficatlOns I h~reby certify that the portion of the nominated area that I represent meets all Federal eligibility requirements and that to the best of my kno\l.ledge and belief: 3. the information in this nomination is true and correct: b. each nominating entity has the authority. with respect [0 the nominated area. (0: ( [) nominate such area for designation as an Empowerment Zone; (2) make the State. local. or tribal commitments that the Srrate- gk Plan will be impkmented; and (3) provide aS5uran.:es that such commitments will be fulfilled: c. the nominating entities shall comply with State, local. and Federal program requirements and have agreed in writing to carry out the Strategic Plan if designated: d. the nominating entities \\/i1l administer the EZJEC lnitiati ve in a manner that affirmatively furthers fair housing on the basis of race. color. national origin. religion. sex. disability. and familial status (presence of childrenl: e. the nominated areas meet each of the eligibility criteria. includ- ing special exception~. set forth in the program regulations: ( I) the geographic area satisfies the population requirements: {2) the geographi<.: areJ. is one of pervasive poverty. unemploy- ment. and general distress: (3) the geographic area meets the size and boundary test: and (.+) the geographic area meets the poverty rate criteria: f. each noncontiguous parcel (except for up to three noncontigu- ous parcels idemitied as "developable sites") being nominated meets the poverty rate criteria: g. the amount of EZ/EC SSBG funds provided to the State for the area will not be used to supplant other Federal or non-Federal funds: h. the nominating entities agree to make all information available as requested by the designating Secretaries to aid in evaluation of progress in implementation of the Strategic Plan and report- ing on the use of EZ/EC SSBG funds; i. the nominating State or tribal government agrees to distribute the EZ/EC SSBG funds in accordance with the Strategic Plan of the designated Zone: and J. no portion of the nominated area is included in an Empowerment Zone or any other area currently nominated for designation as an Empowerment Zone. Authonzed Nominating State. Name of Entity: Tnbal Governing Body, or Economic Development Corporation Official(s) type or print Signature & Date: Name of Authorized Official & Title: x Signature & Date: Name of Entity: Name of Authorized Official & Title: x Authonzed Nominating Local Government(s) and Official(s) type or print Governmental Unit & State Name: Sig r.iry nf ~~nRprn~r~inn r.~lifnrni~ Name of AuthOrized OffiCial and Title: Judith Valles, Mayor Governmental Unit & State Name: Name of Authorized Official and Title: Y -r ?-~ Signature & Date: Governmental Unit & State Name: Name of Authorized Official and Title: x Attach separat~ sheeHs). as necessary. to provide identical information and official signatures for all governments nominating the area. Number the sheets 6a. 6b. etc. 6 form HUO-40003 (5/98) 98-262 . Part IV: PopulatIOn Data Form Duplicate this page for each noncontiguous parc~1 in the nominated area. Number the added pages 7a. 7b. etc. 10 Enter the {Olal number of census tracts listed on all pages in the block to the right. Name of City: Name of State: San Bernardino California ,,",. Poverty Poverty 1. 2. 3. 4.. 4b. 5. 1. 2. 3. 4.. 4b. 5. No. of Percent Special No. of Percent Special Land Persons Below Code. Land Persons Below Code, Census Tract 1990 Area in Each Poverty if Census Tract 1990 Area in Each Poverty if Number Population (sq. miles) Tract Level Applicable Number Population ' (sQ. miles) Tract , Level Applicable , 1- 42 10,810 1. 93 3,789 35.77 21. 2. 47 5,214 0.75 1,769 33.93; 22. 3. 48 3,216 0.33 1,201 37.41 23. i 4. 50 1,792 0.61 515 29. )6, 24. , ---- 5. 54 4,920 0.68 1,186 25.62' 25. - 6. 55 7,401 0.69 3,268 44.66, 26. __n._ - - 7. 56 7,174 0.71 3,444 48.24 27. - 8. 57 1,777 0.50 804 47.10 28. 9. 58 4,025 0.65 1,772 44.19 29. . ------- -----..- --- 10. 59 1,244 0.85 512 41. 90 30. ,.----..-- - -. 11. 31. ------ .-_. - - ------------------------_.~-~-- .- -- 12. 32. - _..__.n_ -- ------ ---,~_._--_. --.- 13. 33. 14. 34. ~ 15. 35. 16. 36. - 17. 37. ------~- 18. 38. 19. 39. , 20. 40. I , . Totals 47,573 7.68 -..- -~. . :;.....,':o.,,-.~, Number of census tracts that have a poverty rate of 20% or greater. Number of census tracts that have a poverty rate of 25% or greater. Number of census tracts with a population of less than 2,000. form HUD-40003 (5/98) 10 10 3 7 98-262 General Instructions for the Population Data Form The Population Data Form is used to demonstrate eligibility of the nominated area. A nominated urban area shall have a maximum population that is the lesser of ( I) 200.000. or (2) the greater of 50.000 or 10 percent of the population of the most populous city located within the nominated area. The nominated area boundaries must include full census tracts. Census tracts cannot be split. Nominated area boundaries follow census tract boundaries. Separate Population Data Forms must be submitted for each noncontiguous parcel that makes up the nominated area. Also. where a nominated area is located in more than one city. a separate Population Data Form must be completed for each city. To complete this form, applicants should refer to the Bureau of the Census CPH-3 series of publications from the 1990 Census of Population and Housing: Population and Housing Characteristics for Census Tracts. The 1990 CPH- 3 printed reports are out of print: however. they are available at State data centers and at most \ocallibraries. CPH-3 information also can be obtained through the U.S. Census Bureau \\/eb site. The site contains the link to the State listings with the census data from CPH-3 Tables 1 and 19 and can be accessed via http://www.census.gov/geo/www/ezimer.html. For further information regarding this \\-'eb site. call the U.S. Bureau of the Census. Geography Division. at 301--157-1128. To establish consistency in data reporting. use only the data contained in CPH-3. which provides all the necessary information needed to till out the Population Data Forms. No other sources of data will be accepted. Since this informa- tion will not be updated until the next census in the year 2000. it is understood that in certain instances the 1990 CPH-3 information will be outdated. Note: CPH-3 Tables I and 19 contain the elements needed to complete the Population Data Form. These include square mile area, population, and percent below poverty level. Only the CPH-3 tables and lines specified are acceptable to HUD for completing the Population Data Form on page 7 of the nomination package. For Alaska and Hawaii. use the percent of families with income at or below 50 percent of the statewide median family income. t990 Census Tract Outline Maps. The /990 census tract outline maps can be ordered by calling the U.S. BlIrellll of the CenslIs lit 30/-457-4/00. When ordering, please recogni:e that these maps are plotted 011 demand and therefore mfl.V nO! be available immediately. These maps may also be available at State data centers. Information on these centers can be obtained via the l:.S. Census Bureau \Veb site at http://www.census.gO\'/sdc/\',.:ww/. 8 form HUD-40003 (5/98) 98-262 STATE OF CALIFORNIA - HEALTH AND WELFARE AGENCY PETE WiLSON, Governor DEPARTMENT OF SOCIAL SERVICES 744 P Street, Sacramento. CA 95814 tll\ ~ NOMINATING LOCAL GOVERNMENT(S} RESPONSIBILITIES AGREEMENT The Nominating Local Government(s}, their agent(s}, and contractor(s} agree(s} to comply with all of the following: 1. Assures that all services provided through this Agreement, including those specified in the strategic plan, shall be in accordance with all applicable State and Federal laws, regulations, guidelines and policies, including those specified in the strategic plan. 2. Assures that any modifications, including those required by the State, to the certified strategic plan shall be reflected in writing as amended Exhibit A to the contract. 3. Assures that all nominating local government(s}, their agent(s}, and contractor(s} must comply with all State and Federal nondiscriminatory laws and regulations. 4. Understands that it has primary responsibility for ensuring compliance with the certified strategic plan, and further agrees that it shall be responsible for the performance of any agents or contractors. 5. Shall be responsible for ensuring that any agents or contractors meets all applicable requirements listed herein. 6. Agrees to make appropriate information available, whether maintained by themselves, their agents or contractors, collect appropriate data, and actively participate in the State's evaluation related to the Federal Empowerment Zone/Enterprise Community (EZ/EC) grant. 7. Assures to take any action necessary to correct deficiencies found in the nominating local government(s}, their agent(s}, and contractor(s} performance. 8. Assures to maintain and allow the State prompt access to books, records, documents and other evidence pertaining to the costs and expenses of this Agreement to the extent and in such detail as will properly reflect all net costs, direct and indirect, or labor, materials, equipment, supplies and services and other costs and expenses of whatever nature for which reimbursements are made pursuant to the certified strategic plan. Said maintenance shall be for a periOd of ten years after the State makes final payments and all other pending matters are closed. 9. Agrees to maintain and allow the State and/or Federal government prompt access to all and any books, records, documents and other evidence relevant to the strategic plan, whether maintained by any nominating local government(s}, their agent(s}, and/or contractor(s}. 98-262 10. Nominating local government(s), their agent(s), and contractor(s) shall be required to provide services which shall be culturally and linguistically appropriate to the populations served as identified within the strategic plan. FISCAL PROVISIONS 11. The nominating local government(s), their agent(s), and contractor(s) shall not include proposals in the strategic plan that will result in increased costs to State programs. 12. Assures that grant award funds will be used to supplement, not replace, other Federal or non-Federal funds for services or activities eligible under the Federal EZlEC program. 13. Assures payment to the State of administrative charges to cover the cost of administering and monitoring the Federal EZlEC grant, which will be deducted from the Federal grant award. 14. Assures the State the right to review billing procedures. 15. Payment for services under this Agreement are contingent upon the availability of Federal funds, and complete compliance with the strategic plan, the application, and this Agreement. 16. Assures maintenance of records on the amount expended for each type of service and furnish this information in the manner requested by the State andlor Federal government. 17. Assures responsibility for monitoring the performance of all agents and contractors. 18. The nominating local government(s) their agent(s), and contractor(s) must comply with all applicable State and Federal laws and regulations. 19. Assures this Agreement is valid and enforceable only if the agreed upon funds to be passed on to the nominating local government(s), their agent(s), and contractor(s) are made available to the State by the United States government. 20. Acknowledges the State has the option to void the Agreement under the 3D-day cancellation clause or to amend the Agreement to reflect any reduction of funds or reduced need for services. 21. Acknowledges that the State's funding source for this Agreement is Federal Title XX funds, and it being further understood the nominating local government(s). their agent(s), and contractor(s) is/are responsible for administering the program as described herein. Nominating local government(s), their agent(s), and contractor(s) agree(s) to accept total responsibility for receiving, replying to and/or complying with any audit exceptions by appropriate State and/or Federal audit agencies directly related to the provisions of this Agreement. Nominating local government(s), their 2 98-262 agent(s), and contractor(s) also agree(s) to pay to the State the full amount of the nominating local government(s), their agent(s), and contractor(s) liability to the Federal government resulting from said audit exceptions. GENERAL PROVISIONS 22. Acknowledges that the State may terminate this Agreement and be relieved of the payment of any consideration to the nominating local government(s), their agent(s), and contractor(s) should nominating local government(s), their agent(s), and contractor(s) fail to perform the covenants herein contained at the time or in the manner herein provided. 23. The nominating local government(s), their agent(s), and contractor(s) agree(s) to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all Contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement and from any and all claims and losses accruing to any person, firm or corporation who may be injured or damaged by the nominating local government(s), their agent(s), and contractor(s) in the performance of this Agreement. 24. The nominating local government(s), their agent(s), contractor(s) and employee(s) thereof, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. Signed: Title: Ju Date: I,.OCAL GOVERNMENT(S) -Z~~ t Valles, Ma or e t mber 17, 1998 Signed: Title: Date: Signed: Title: Date: Signed: Title: Date: Signed: Title: Date: 3