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HomeMy WebLinkAbout05-03-2023 Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 03, 2023 5:30 PM ­ CLOSED SESSION 7:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Charles E. McNeely COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha MAYOR PRO TEM, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters. To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Interim City Manager Charles E. McNeely City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION p.12 A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255 B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process) 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 1. Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May 2023 (All Wards) p. 13 2. Proclamation for the 54th Annual Professional Municipal Clerks Week in the City of San Bernardino – April 30th ­ May 6th, 2023 p.15 3. Proclamation Recognizing Water Safety Month in the City of San Bernardino – May 2023 (All Wards) p. 17 APPOINTMENTS 4. Charter Review Committee Appointment (Ward 6) p. 19 5. Public Safety and Human Relations Commission Appointment (Ward 6) p.28 6. Downtown Advisory Committee Reappointment (Ward 2) p. 39 7. General Plan Advisory Committee Reappointment (Ward 2) p. 53 8. Planning Commission Reappointment (Ward 2) p.63 9. Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment) p. 72 10. Animal Control Commission Appointment of Jason Kakpo­Moore (Mayor’s Appointment) p.80 CONSENT CALENDAR 11. Adoption of Ordinance No. MC­1616 (Annexation 29) (Ward 3) p. 88 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC­1616 amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2023­2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services). 12. Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5) p. 98 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023­058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3. 13. Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue (Ward 1) p.195 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue. Mayor and City Council of the City of San Bernardino Page 4 14. Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1) p. 208 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street. 15. FY2023­2024 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) Agreements p. 222 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Approve FY 2022­2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC), and 2. Approve FY 2022­2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB). 16. Approval of Commercial and Payroll Disbursements (All Wards) p.591 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for April 2023. 17. Investment Portfolio Report for February and March 2023 (All Wards) p.641 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February and March 2023. 18. Second Amendment to the Concentra Medical Centers Professional Services Agreement for Pre­employment (All Wards) p. 658 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: 1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Centers of California doing business as (DBA) Concentra Medical Centers for pre­employment and screening services, effective February 1, 2023 – April 30, 2023. 19. Resolution Accepting the Federal Railroad Administration Railroad Trespassing Enforcement Grant. p. 698 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­059, authorizing: 1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant. 2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures. Mayor and City Council of the City of San Bernardino Page 5 20. Receive Annual Military Equipment Report and Approve Future Purchases p.743 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; 2. Approve the Department’s request to acquire additional life­saving equipment in accordance with Assembly Bill 481. 21. Approving Amendment No. 1 to Cooperative Agreement No. 20­1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project (Ward 1) p. 1070 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20­ 1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. 22. Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On­Call Engineering Services and Approval of Amendment No. 1 to Professional Services Agreement (All Wards) p. 1101 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California 1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On­Call Engineering Services; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and 3. Approve Amendment No. 1 to Professional S ervices Agreement for On­Call Engineering Services. DISCUSSION 23. Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC) and pay liquidated damages associated with said termination (Ward 1) p.1281 Recommendation: It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination. Mayor and City Council of the City of San Bernardino Page 6 PUBLIC HEARING 24. Appeal 23­01 of Conditional Use Permit 21­18 and Public Convenience or Necessity Letter 21­07 (Ward 1) p.1302 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023­060 denying Appeal 23­01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21­18 and Public Convenience or Necessity Letter 21­07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off­Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138­081­19) within the Commercial General (CG­1) zone (Attachment 1) 25. Appeal 23­02 for Conditional Use Permit 22­13 and Minor Exception 22­04 p. 1361 Recommendation: Adopt Resolution No. 2023­061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23­02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22­13 and Minor Exception 22­04 to allow the development, establishment, and operation of a self­storage facility comprised of two (2) multi­story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty­three (33) feet located at 1534 W. Highland Avenue (APN: 0148­174­04, 10, 11, 15 through 18), within the Commercial General (CG­1) zone. 26. Proposed Fiscal Year 2023­24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) p. 1447 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year 2023­24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2. Consider any necessary changes to the proposed Fiscal Year 2023­24 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development. 27. Community Facilities District No. 2018­2 (Verdemont Ranch) 2023 Special Tax Bonds p. 1737 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023­062, 1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 2018­2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds; 2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; 3. Making certain determinations relating thereto; and 4. Authorizing certain other actions in connect therewith. Mayor and City Council of the City of San Bernardino Page 7 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 28. Consider Extending Notification Period of Public Hearings (All Wards) – Council Member Reynoso p. 1970 29. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso p. 1971 ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on May 17, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the May 3, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, April 28, 2023. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 8 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda or not on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 9 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 10 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut­off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900­6833. When prompted, enter the Meeting ID: 677­845­9453 Passcode:2023 The public may begin joining the meeting on Zoom or by calling­in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page... 8) Join the Meeting by clicking on the Zoom link below: Mayor and City Council of the City of San Bernardino Page 11 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode:2023 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677­845­9453 Passcode:2023 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. 1 3 4 3 CLOSED SESSION City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Sonia Carvalho, City Attorney; Charles E. McNeely Department:City Attorney's Office Subject:Closed Session Recommendation: A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i) Diana Herrera, et al., v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2000255 B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Recruitment Process)       Packet Pg. 12 1 3 3 3 PRESENTATIONS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May 2023 (All Wards)       Packet Pg. 13 PROCLAMATION OF THE MAYOR & CITY COUNCIL PROCLAIMING MAY 2023, AS ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH IN THE CITY OF SAN BERNARDINO WHEREAS, Asian American Pacific Islander Heritage Month is observed annually in May; and, WHEREAS, the City of San Bernardino wishes to pay tribute to the generations of Asian Americans, Native Hawaiians, and Pacific Islanders in our community; this month provides us an opportunity to reflect on the vibrant culture and innumerable contributions AAPI residents make to our community; and, WHEREAS, the national theme for AAPI Heritage Month 2023 is “Advancing Leaders Through Opportunity”, San Bernardino encourages greater participation, inclusion, and leadership training for our AAPI residents, acknowledging they will be instrumental to the future success of our City; and, WHEREAS, in 2022, the City of San Bernardino residents elected its first AAPI mayor and the first Vietnamese American female mayor in the history of the United States; and, WHEREAS, the history of Asian Americans and Pacific Islanders is filled with stories of resilience, persistence, and determination, we value AAPI citizens as an integral part of the fabric of our community; and, WHEREAS, as we celebrate AAPI Heritage Month, we must remain vigilant to prevent anti-Asian hate crimes in our community and must be a welcoming and safe place for AAPI citizens. San Bernardino is a city where all have an opportunity to thrive, and; NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby designate May 2023, as Asian American and Pacific Islander Heritage Month. We further encourage our residents to explore AAPI history, culture, and accomplishments and to support local events commemorating this rich heritage. Presented this 5th day of May 2023       Packet Pg. 14 PRESENTATIONS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation for the 54th Annual Professional Municipal Clerks Week in the City of San Bernardino – April 30th - May 6th, 2023       Packet Pg. 15 PROCLAMATION OF THE MAYOR AND CITY COUNCIL 54th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK April 30th - May 6th, 2023 WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world; and, WHEREAS, The Office of the Professional Municipal Clerk is the oldest among public servants; and, WHEREAS, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and, WHEREAS, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and, WHEREAS, The Professional Municipal Clerk serves as the information center on functions of local government and community; and, WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and, WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk, and; NOW THERFORE BE IT PROCLAIMED THAT the Mayor and City Council of San Bernardino herby recognize the week of April 30th through May 6th, 2023, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Genoveva Rocha and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Presented this 3RD day of May 2023       Packet Pg. 16 PRESENTATIONS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Proclamation Recognizing Water Safety Month in the City of San Bernardino – May 2023 (All Wards)       Packet Pg. 17 Proclamation of Mayor & City Council Recognizing Water Safety Month WHEREAS, May as Water Safety and Drowning Prevention Month was established through a collaborative effort across the country to promote water safety and drowning prevention; and WHEREAS, each year, drowning incidents result in hundreds of emergency room visits, including hospital stays and potential life-altering and permanent disabilities of City of San Bernardino Residents and Visitors; and WHEREAS, the California Department of Public Health reports that between 2016-2021, 2,559 California residents died from drowning, 168 were hospitalized, and 5,854 were treated in an emergency department for non-fatal drowning; and WHEREAS, City of San Bernardino acknowledges the launch of the California Water Safety Strategy, which highlights knowledge gaps, major priorities, and action areas where focus is required to reduce the burden of drowning across the state; and WHEREAS, the City of San Bernardino and the community at large acknowledge that drowning is a complex issue and that progress in reducing the burden and occurrence of fatal and non-fatal drowning requires collaboration between different sectors and stakeholders with diverse perspectives and approaches. NOW THEREFORE BE IT RESOLVED THAT the Mayor and Council of the City of San Bernardino City Council herby proclaim on this 3rd of May 2023, that they commend City of San Bernardino Parks, Recreation and Community Services Department; Aquatics Division, for their efforts to prevent drowning of City of San Bernardino Residents and Visitors. Additionally, reminding everyone to be safer in and around the water this summer and all year long; We hereby declare the month of May as “Water Safety and Drowning Prevention Month”. Presented this 3rd day of May 2023       Packet Pg. 18 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Kimberly Calvin, Council Member, 6th Ward Department:Council Office Subject:Charter Review Committee Appointment (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Rikke Van Johnson to the Charter Review Committee representing Ward 6. Mr. Johnson will replace Rakayla D. Simpson with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The Charter Review Committee was established by Resolution No. 2017-243 on December 20, 2017 and is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. The committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor. 2021-2025 Strategic Targets and Goals The proposed committee appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion       Packet Pg. 19 It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Mr. Rikke Van Johnson to the Charter Review Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Committee application – Mr. Rikke Van Johnson Attachment 2 – Resolution 2017-243 Ward: Sixth Ward Synopsis of Previous Council Actions: December 20, 2017 – Resolution No. 2017-243 establishing the Charter Review Committee was adopted.       Packet Pg. 20       Packet Pg. 21       Packet Pg. 22       Packet Pg. 23       Packet Pg. 24       Packet Pg. 25       Packet Pg. 26       Packet Pg. 27 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Kimberly Calvin, Council Member, 6th Ward Department:Council Office Subject:Public Safety and Human Relations Commission Appointment (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Rakayla D. Simpson to the Public Safety and Human Relations Commission representing Ward 6. Ms. Simpson will replace Savannah J. Taylor with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018, and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). The commission is comprised of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Strategic Target 2 Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.       Packet Pg. 28 Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Rakayla D. Simpson to the Public Safety and Human Relations Commission with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission application – Ms. Rakayla D. Simpson Attachment 2 - Resolution No. 2018-46 Ward: Sixth Ward Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted.       Packet Pg. 29       Packet Pg. 30       Packet Pg. 31       Packet Pg. 32       Packet Pg. 33       Packet Pg. 34       Packet Pg. 35       Packet Pg. 36       Packet Pg. 37       Packet Pg. 38 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:Downtown Advisory Committee Reappointment (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Amelia S. Lopez to the Downtown Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The Downtown Advisory Committee was established by Resolution No. 2021-88 on February 17, 2021. Discussion The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and City Council to advise City staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act. The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business. 2021-2025 Strategic Targets and Goals       Packet Pg. 39 The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, approve the reappointment of Ms. Amelia S. Lopez to the Downtown Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission Application – Ms. Amelia S. Lopez Attachment 2 – Resolution No. 2021-88 Attachment 3 – Ordinance No. MC-1552 Ward: Second Ward Synopsis of Previous Council Actions: February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted. April 7, 2021 Ordinance No. MC-1552 allowing non-city residents who have a Current business license to be appointed to the committee (not to exceed 25% of the committee membership) was adopted.       Packet Pg. 40       Packet Pg. 41       Packet Pg. 42       Packet Pg. 43       Packet Pg. 44       Packet Pg. 45       Packet Pg. 46       Packet Pg. 47       Packet Pg. 48       Packet Pg. 49       Packet Pg. 50       Packet Pg. 51       Packet Pg. 52 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:General Plan Advisory Committee Reappointment (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Amelia S. Lopez as a voting member to the General Plan Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021-102 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution 2021-154. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update of the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council member will appoint two (2) members. One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternate member. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to       Packet Pg. 53 clearly articulate the community perspective and/or the area of the City in which they live. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, approve the reappointment of Ms. Amelia S. Lopez as a voting member to the General Plan Advisory Committee representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission application – Ms. Amelia S. Lopez Attachment 2 - Resolution No. 2021-154 Ward: Second Ward Synopsis of Previous Council Actions: January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. June 16, 2021 Resolution No. 2021-02 was repealed and replaced with Resolution No. 2021-154 changing the number of members for the General Plan Advisory Committee and identifying voting and alternate appointees.       Packet Pg. 54       Packet Pg. 55       Packet Pg. 56       Packet Pg. 57       Packet Pg. 58       Packet Pg. 59       Packet Pg. 60       Packet Pg. 61       Packet Pg. 62 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Sandra Ibarra, Council Member, 2nd Ward Department:Council Office Subject:Planning Commission Reappointment (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Amelia S. Lopez to the Planning Commission representing Ward 2. Council Staff has verified that appointee is a registered voter within the City. Background The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion       Packet Pg. 63 It is recommended that the Mayor and City Council of the City of San Bernardino, approve the reappointment of Ms. Amelia S. Lopez to the Planning Commission representing Ward 2 with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 – Commission application – Ms. Amelia S. Lopez Attachment 2 – Ordinance No. MC-1473 Ward: Second Ward Synopsis of Previous Council Actions: March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code Related to the Planning Commission was established.       Packet Pg. 64       Packet Pg. 65       Packet Pg. 66       Packet Pg. 67       Packet Pg. 68       Packet Pg. 69       Packet Pg. 70       Packet Pg. 71 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Animal Control Commission Reappointment of Angela Halfman (Mayor’s Appointment) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Angela Halfman to the Animal Control Commission with the term ending December 2026. Background The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter. Members are appointed to this commission on the basis of demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor nominates two members. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.       Packet Pg. 72 Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Angela Halfman to the Animal Control Commission with the term ending December 2026. Attachments Attachment 1 – Commission application – Angela Halfman Attachment 2 – Resolution No. 2018-45 Ward: All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted.       Packet Pg. 73       Packet Pg. 74       Packet Pg. 75       Packet Pg. 76       Packet Pg. 77       Packet Pg. 78       Packet Pg. 79 APPOINTMENTS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Helen Tran, Mayor Department:Mayor's Office Subject:Animal Control Commission Appointment of Jason Kakpo-Moore (Mayor’s Appointment) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Jason Kakpo-Moore to the Animal Control Commission. Jason Kakpo-Moore will replace Reginald L. Woods with the term ending December 2026. Background The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter. Members are appointed to this commission on the basis of demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor nominates two members. 2021-2025 Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact       Packet Pg. 80 No fiscal impact to City, Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Jason Kakpo-Moore to the Animal Control Commission. Jason Kakpo-Moore will replace Reginald L. Woods with the term ending December 2026. Attachments Attachment 1 – Commission application – Jason Kakpo-Moore Attachment 2 – Resolution No. 2018-45 Ward: All Wards Synopsis of Previous Council Actions: February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted.       Packet Pg. 81       Packet Pg. 82       Packet Pg. 83       Packet Pg. 84       Packet Pg. 85       Packet Pg. 86       Packet Pg. 87 1 2 4 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Adoption of Ordinance No. MC-1616 (Annexation 29) (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Background On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district. Discussion On April 5, 2023, Ordinance No. MC-1616 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provides infrastructure       Packet Pg. 88 1 2 4 6 designed for long term economic growth. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1616 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2023-2024 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Attachments Attachment 1 Ordinance No. MC-1616 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services Attachment 3 Exhibit B – Description of Territory Attachment 4 Project Location Map Ward: Third Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982.” July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019- 20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.       Packet Pg. 89 1 2 4 6 August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019- 20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. March 1, 2023 Mayor and City Council adopted Resolution No. 2023-032, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” April 5, 2023 Mayor and City Council adopted Resolution No. 2023-053 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 29), and adopted Resolution No. 2023-054 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 29); and introduced Ordinance No. MC-1616 amending Ordinance No. MC-1522.       Packet Pg. 90 Ordinance No. MC-1616 1 2 4 1 7 ORDINANCE NO. MC-1616 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2023-2024 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on April 5, 2023, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on       Packet Pg. 91 Ordinance No. MC-1616 2 2 4 1 7 the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2023-2024, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May, 2023. Helen Tran, Mayor City of San Bernardino       Packet Pg. 92 Ordinance No. MC-1616 3 2 4 1 7 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 93 Ordinance No. MC-1616 4 2 4 1 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1616, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5th day of April, 2023. Ordinance No. MC-1616 was approved, passed and adopted at a regular meeting held the 3rd day of May, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 94 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.       Packet Pg. 95 EXHIBIT B DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 29 is currently comprised of three (3) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0280-051-11 CIVF VI – CA1W01, LLC 0280-051-12 CIVF VI – CA1W01, LLC 0280-051-15 CIVF VI – CA1W01, LLC       Packet Pg. 96 DRAKE DR HOLDEN DR VALLEY VIEW AVEGIFFORD AVEFOISY STSANTA FE ST ^_ £¤66 MIL L ST SPRUCE ST SIERRA WAYNINTH ST 2ND S T MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVEBASE LINE ST CEDAR AVETIPPECANOE STCENTRAL AVE MT VERNON AVENORMA N RD PENNSYLVANIA AVEWATERMAN AVEACADEMY STMT.VIEW AVECOLTON AVEREDLANDS BLVD MIL L ST§¨¦215 §¨¦10 CFD N O. 2019-1 (M AINTEN ANCE SERVICES)ANNEXATION NO. 29 PROJECT MAP       Packet Pg. 97 1 2 6 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Approval of Amendment No. 3 to the Interim Golf Course Management Agreement for the Operations and Maintenance of the Shandin Hills Golf Course (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3. Background The Shandin Hills Golf Course is owned by the City of San Bernardino and consists of three (3) parcels (APNs 0148-011-30; 0148-021-59; 0148-022-06) totaling 112.18 acres and is located at 3380 Little Mountain Drive. The Shandin Hills Golf Course was constructed between 1980 and 1986 and consists of an 18-hole golf course, an 18,409 square foot clubhouse/banquet facility and maintenance facility. The property is designated as Public/Commercial Recreational (“PCR”) on both the General Plan Land Use Map and on the Zoning Map. The property was originally owned by the former San Bernardino Redevelopment Agency (“Agency”) and records indicate that the Agency purchased the property through three separate property transactions. The land that comprises the golf course was acquired by the Agency in order to meet the revitalization goals of the City and to alleviate the existence and spread of physical and economic blight throughout the City.       Packet Pg. 98 1 2 6 2 Over the years, there have been a number of operators that have managed the operations and maintenance of the golf course and the related ancillary facilities. In August 2014, the lease was assigned to CF Shandin Hills ARCIS LLC (“ARCIS”). In 2015, subsequent to the approval of the Long Range Property Management Plan, the Shandin Hills Golf Course was transferred from the Successor Agency to the City. On April 6, 2020, the City of San Bernardino received a letter from CF Shandin Hills ARCIS, notifying the City of their intention to terminate their lease with the City within 30 days from the date of the letter; it was received at the beginning of the COVID 19 pandemic. Shortly thereafter, the County of San Bernardino ordered that a variety of public facilities county-wide be closed, including golf courses. Based on discussions between ARCIS and the City, ARCIS’ lease was terminated, but ARCIS agreed to manage the golf course on an interim basis while the City evaluated its long-term options for the facility. On June 6, 2020, the City Council approved an Interim Golf Course Management Agreement (the “Interim Agreement”) between the City of San Bernardino and ARCIS for a period of 12 months. The Interim Golf Course Management Agreement afforded the City time to evaluate and determine the highest and best use of the Shandin Hills Golf Course. Staff also intended to evaluate the conditions of the entire facility to identify the costs related to deferred maintenance. On June 16, 2021, the Interim Agreement was amended to extend the term of the agreement. On August 18, 2021, ARCIS and the City entered into Amendment No. 2 to the Interim Agreement which extended the term of the agreement, increased the Management Fee paid to ARCIS and provided for revenue sharing between ARCIS and the City. Discussion ARCIS has indicated to the City that it wishes to end this interim management arrangement. During the extended term of the Interim Agreement, the City has been in discussions with a new management company to take over management of the Shandin Hills Golf Course. At this point in time, the City has negotiated a management agreement with a new operator, Local Golf Management, LLC (“Local Golf”). Local Golf will be ready to take over management of the Shandin Hills Golf Course on June 1, 2023; however, there is a potential gap of coverage between the termination of the Interim Agreement and the start date of the new management agreement. As a result, staff approached ARCIS to negotiate one final extension with ARCIS to ensure that management of the Shandin Hills Golf Course will not be impacted. Amendment No. 3 to the Interim Agreement is necessary to address three issues regarding the current state of operations. First, ARCIS will increase their management fee from $15,000 to $20,000 for the months of April and May 2023 to remedy their operational challenges stemming from their retention of a golf course superintendent. Said superintendent is vital to coordinate and manage all aspects of the daily golf course operations. The increased amount requested is nominal when compared to the viability and operational necessity       Packet Pg. 99 1 2 6 2 thereof. Further, this short-term negotiated increase is imperative to continue the city’s transition to a new golf management company. Second, while negotiations have carried on with the new management company, ARCIS has been operating the Shandin Hills Golf Course on a month-to-month basis. As a result, an amendment is necessary to accurately describe ARCIS’ management responsibilities that have occurred between January 1, 2023, and May 31, 2023. Amendment No. 3 accurately presents the captures of the fees earned by ARCIS for carrying out its management responsibilities during this transition period. Finally, this Amendment No. 3 ensures that there is no gap in coverage for operations of the Shandin Hills Golf Course and provides additional time for Local Golf and ARCIS to coordinate the transition of management services. 2021-2025 Strategic Targets and Goals The approval of Amendment No. 3 to the Interim Golf Course Management Agreement, for the operation and maintenance of the Shandin Hills Golf Course, is consistent with Key Target No 1: Improved Operational & Financial Capacity. Specifically, it will ensure that the golf course continues to operate while the City evaluates the highest and best use of the property in the future. Fiscal Impact The approval of Amendment No. 3 to the Interim Golf Course Management Agreement will increase the monthly management fee paid to Arcis Golf from $15,000 per month to $20,000 per month on an interim basis. This expense will be offset with the revenue share arrangement under the terms of the agreement and will not have a measurable impact on the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Resolution No. 2023-058, approving Amendment No. 3 to the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills Arcis LLC; and direct the City Manager to execute Amendment No. 3. Attachments Attachment 1 Resolution No. 2023-058 Attachment 2 Interim Golf Course Management Agreement - 3rd Amendment Attachment 3 Interim Golf Course Management Agreement – 2nd Amendment Attachment 4 Original Golf Course Management Agreement Ward: Fifth Ward       Packet Pg. 100 1 2 6 2 Synopsis of Previous Council Actions: June 3, 2020 Mayor and City Council adopted Resolution No. 2020-123 ratifying the Interim Golf Course Management Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC for the Shandin Hills Golf Course. June 16, 2021 Mayor and City Council adopted Resolution No. 2021-161 which approved the First Amendment to the Interim Agreement resulting in a 60-day term extension. August 18, 2021 Mayor and City Council adopted Resolution No. 2021-209 which approved the Second Amendment to the Interim Agreement that extended the term of the Agreement, increased the Management Fee and provided for revenue sharing.       Packet Pg. 101 Resolution No. 2023-058 Resolution 2023-058 May 3, 2023 Page 1 of 4 RESOLUTION NO. 2023-058 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE INTERIM GOLF COURSE MANAGEMENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CF SHANDIN HILLS ARCIS LLC WHEREAS, on April 6, 2020, the City Manager received a Termination Letter from CF Shandin Hills ARCIS LLC (“ARCIS”) informing the City that they would be terminating their lease with the City to manage and maintain the Shandin Hills Golf Course in 30 days from the date of the letter; and WHEREAS, over the preceding six weeks, staff worked in earnest with ARCIS and came to a mutual agreement on the Interim Golf Course Management Agreement. This was the best available option to the City during these trying times; and WHEREAS, the termination of the golf course lease and the emergency caused by the spread of COVID-19 pandemic, created an urgent need to ensure the City’s golf course property is maintained and preserved; and WHEREAS, on May 20, 2020, in accordance with Section 2.46.090.A.6.b., the City Manager took immediate action to execute the Interim Golf Course Management Agreement (“Interim Agreement”) to ensure the preservation of the Shandin Hills Golf Course property and to protect an important revenue stream to the City; and WHEREAS, on June 3, 2020, the Mayor and City Council Adopted Resolution No. 2020- 123 ratifying the Interim Agreement between the City of San Bernardino and CF Shandin Hills ARCIS LLC (ARCIS) to manage and operate the Shandin Hills Golf Course for the City; and WHEREAS, on June 16, 2021, the Mayor and the City Council entered into Amendment No. 1 to the Interim Agreement extending the term of the Agreement for a period of 60 days to finalize the negotiations to extend the Agreement for a longer term; and WHEREAS, on August 18, 2021, the Mayor and City Council entered into Amendment No. 2 to the Interim Agreement for the purpose of extending the term of the Interim Agreement, increasing the Management Fee paid to ARCIS, and instituting revenue sharing provisions between the Parties; and WHEREAS, ARCIS has provided notice to the City that it desires to cease managing the Shandin Hills Golf Course; and WHEREAS, City staff has been in negotiations with a new operator to take over management of the Shandin Hills Golf Course; and       Packet Pg. 102 Resolution No. 2023-058 Resolution 2023-058 May 3, 2023 Page 2 of 4 WHEREAS, ARCIS has continued to manage the Shandin Hills Golf Course on a month- to-month basis while the City is finalizing plans for a new operator to take over the Shandin Hills Golf Course; and WHEREAS, City staff estimates that the new operator will be ready to take over management of the Shandin Hills Golf Course on June 1, 2023; and WHEREAS, a third amendment to the Interim Agreement is needed to ensure continuous management of the Shandin Hills Golf Course until the day when the new operator can take over; and WHEREAS, a third amendment to the Interim Agreement is also needed to accurately reflect ARCIS’ management responsibilities from January 1, 2023 to May 31, 2023. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.The Mayor and City Council hereby approves the Third Amendment to the Interim Agreement, attached hereto as Exhibit “A”, and authorizes the Interim City Manager or designee to execute the Third Amendment to the Interim Agreement. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May 2023. Helen Tran, Mayor City of San Bernardino Attest:       Packet Pg. 103 Resolution No. 2023-058 Resolution 2023-058 May 3, 2023 Page 3 of 4 Genoveva Rocha, CMC, City Clerk Approved as to form: Best Best & Krieger LLP, City Attorney       Packet Pg. 104 Resolution No. 2023-058 Resolution 2023-058 May 3, 2023 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-058, adopted at a regular meeting held on the 3rd day of May 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 105 -1- AMENDMENT NO. 3 TO INTERIM GOLF COURSE MANAGEMENT AGREEMENT WITH EVERGREEN ALLIANCE GOLF LIMITED, L.P. This Amendment No. 3 to the Interim Golf Course Management Agreement is made and entered into as of January 1, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Evergreen Alliance Golf Limited, L.P. d/b/a Arcis Golf, a Delaware limited partnership (“Manager”). City and Manager are sometimes referred to herein individually as a “Party” and collectively as “Parties.” (Referred to as Exhibit “A” in the corresponding Resolution). RECITALS A. WHEREAS, the City and the Manager have entered into an agreement, dated May 20, 2020, for the purpose of providing services for the management and operation of the Shandin Hills Golf Course (the “Master Agreement”). B. WHEREAS, the City and the Manager have entered into Amendment No. 1 to the Master Agreement, dated June 16, 2021, for the purpose of extending the term of the Master Agreement. C. WHEREAS, the City and the Manager have entered into Amendment No. 2 to the Master Agreement, dated August 18, 2021, for the purpose of extending the Master Agreement, increasing the Management Fee, and instituting revenue sharing provisions between the Parties. D. WHEREAS, the City and the Manager desire to enter in an amendment to the Master Agreement in order to extend the term of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended through May 31, 2023, unless earlier terminated. Notwithstanding the foregoing, the term may extend beyond this date through a month-to-month arrangement agreeable to both Parties. 3. Amendment to Section 5 of the Master Agreement. Section 5 of the Master Agreement shall be amended to read as follows: “Section 5. Management Fee. From the Commencement Date of this agreement and continuing through August 31, 2021, Manager shall be paid a fee for the       Packet Pg. 106 -2- management of the operations of the Golf Course of ten thousand dollars ($10,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3. Because the Commencement Date occurs on a date other than the first of the month, the Management Fee shall be pro-rated on a daily basis on a ratio of remaining days in the month as the same bears to the total days in the month (i.e., May 2020 Management Fee shall be $8,064.52 based on the Commencement Date). Beginning September 1, 2021 and continuing through March 31, 2023, Manager shall be paid a fee for the management of the operations of the Gold Course of fifteen thousand dollars ($15,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3. Beginning April 1, 2023 and continuing throughout the balance of the term, (May 31, 2023) Manager shall be paid a fee for the management of the operations of the Golf Course of twenty thousand dollars ($20,000.00) per calendar month, which Manager may withdraw as an Operating Expense from the Gross Receipts prior to the payment of Net Operating Income to City under Section 3.” 4. Full Force. Except as amended by this Amendment No. 3, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3. 5. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 107 -3- SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE INTERIM GOLF COURSE MANAGEMENT AGREEMENT WITH EVERGREEN ALLIANCE GOLF LIMITED, L.P. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney MANAGER EVERGREEN ALLIANCE GOLF LIMITED, L.P. D/B/A ARCIS GOLF Signature Name Title       Packet Pg. 108       Packet Pg. 109       Packet Pg. 110       Packet Pg. 111       Packet Pg. 112       Packet Pg. 113       Packet Pg. 114       Packet Pg. 115       Packet Pg. 116       Packet Pg. 117       Packet Pg. 118       Packet Pg. 119       Packet Pg. 120       Packet Pg. 121       Packet Pg. 122       Packet Pg. 123       Packet Pg. 124       Packet Pg. 125       Packet Pg. 126       Packet Pg. 127       Packet Pg. 128       Packet Pg. 129       Packet Pg. 130       Packet Pg. 131       Packet Pg. 132       Packet Pg. 133       Packet Pg. 134       Packet Pg. 135       Packet Pg. 136       Packet Pg. 137       Packet Pg. 138       Packet Pg. 139       Packet Pg. 140       Packet Pg. 141       Packet Pg. 142       Packet Pg. 143       Packet Pg. 144       Packet Pg. 145       Packet Pg. 146       Packet Pg. 147       Packet Pg. 148       Packet Pg. 149       Packet Pg. 150       Packet Pg. 151       Packet Pg. 152       Packet Pg. 153       Packet Pg. 154       Packet Pg. 155       Packet Pg. 156       Packet Pg. 157       Packet Pg. 158       Packet Pg. 159       Packet Pg. 160       Packet Pg. 161       Packet Pg. 162       Packet Pg. 163       Packet Pg. 164       Packet Pg. 165       Packet Pg. 166       Packet Pg. 167       Packet Pg. 168       Packet Pg. 169       Packet Pg. 170       Packet Pg. 171       Packet Pg. 172       Packet Pg. 173       Packet Pg. 174       Packet Pg. 175       Packet Pg. 176       Packet Pg. 177       Packet Pg. 178       Packet Pg. 179       Packet Pg. 180       Packet Pg. 181       Packet Pg. 182       Packet Pg. 183       Packet Pg. 184       Packet Pg. 185       Packet Pg. 186       Packet Pg. 187       Packet Pg. 188       Packet Pg. 189       Packet Pg. 190       Packet Pg. 191       Packet Pg. 192       Packet Pg. 193       Packet Pg. 194 1 2 6 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely; Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Authorization to Proceed with a Right of Way Vacation of a Portion Along 9th Street and Tippecanoe Avenue (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. A petition to vacate a portion of 9th Street and a portion of Tippecanoe Avenue was       Packet Pg. 195 1 2 6 7 received on July 26, 2022, from PME Oakmont Tippecanoe, LP. The stated reason for the petition to vacate this portion of 9th Street and a portion of Tippecanoe Avenue is to accommodate a new industrial warehouse development. Discussion The proposed development will feature a 337,300 square foot industrial warehouse building on an approximately 14.3-acre property located at the southwest corner of the intersection of Ninth Street and Tippecanoe Avenue. On November 30, 2022, the Development and Environmental Review Committee of the City of San Bernardino adopted Resolution No. 2022-051-D/ERC which adopted a Mitigated Negative Declaration and caused a Notice of Determination certifying the City’s compliance with the California Environmental Quality Act (CEQA) to be filed with the Clerk of the Board of Supervisors for the County of San Bernardino on November 30, 2022, for the proposed industrial warehouse project. If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns. Future actions by the City will consist of: •Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320 •Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323 •Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324 •Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community, specifically 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.       Packet Pg. 196 1 2 6 7 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed right of way vacation of a portion of 9th Street and a portion of Tippecanoe Avenue. Attachments Attachment 1 Petition Attachment 2 Grant Deed Attachment 3 Legal Description and Plat Map Attachment 4 Aerial Map Ward: First Ward Synopsis of Previous Council Actions: None       Packet Pg. 197       Packet Pg. 198       Packet Pg. 199       Packet Pg. 200       Packet Pg. 201       Packet Pg. 202 HUITT-ZOLLARS, INC.  2603 Main Street  Suite 400  Irvine, CA 92614-4250  949.988.5815 phone  949.988.5820 fax  huitt-zollars.com R:\R314211.01\02\02.10\ROW Vacation R314211.01 05-17-2022 REVISED 12-28-2022 EXHIBIT "A" LEGAL DESCRIPTION RIGHT OF WAY VACATION Those portions of Parcel 2S described in that certain Grant Deed, in the City of San Bernardino, County of San Bernardino, State of California, recorded October 29, 1954, in Book 3495, Page 381, of Official Records, in the office of the County Recorder of said county; together with that portion as of the land described in that certain Grant Deed, in said City of San Bernardino, recorded October 29, 1954, in Book 3495, Page 387, of said Official Records, all lying within Lot 3 of the Map of Jackson Subdivision, in said City of San Bernardino, as shown on the map filed in Book 18, Page 77, of Maps, in said office of the County Recorder described in parcels as follows: Parcel 1: BEGINNING at the Northwesterly terminus of that certain course shown as having a bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County Recorder; thence along the Northwesterly prolongation of said course North 45°03'55" West 7.07 feet to a line being parallel with and 5.00 feet Northerly of the Southerly line of said Parcel 2S; thence along said parallel line South 89°56'04" West 495.64 feet to the Easterly line of the Westerly 150.00 feet of said Lot 3; thence along said Easterly line South 00°14'24" East 5.00 feet to the Southerly line of said Grant Deed recorded in Book 3495, Page 387 of said Official Records; thence along said Southerly lines of said Grant Deed and Parcel 2S North 89°56'04" East 550.64 feet back to the POINT OF BEGINNING. Containing an area of 2,492 square feet, more or less. Parcel 2: BEGINNING at the Southeasterly terminus of that certain course shown as having a bearing and distance of "N45°03'55"W 86.62' " on Record of Survey 17-0059, as shown on the map filed in Book 160, Page 23, of Records of Survey, in said office of the County Recorder; thence along the Southeasterly prolongation of said course South 45°03'55"       Packet Pg. 203 EXHIBIT "A" R314211.01 LEGAL DESCRIPTION-CONTINUED 05-17-2022 PAGE 2 REVISED 12-28-2022 East 9.90 feet; thence South 01°09'45" East 173.03 feet to the Southerly line of said Parcel 2S; thence along the Southerly and Westerly lines of said Parcel 2S the following two (2) courses: South 89°56'40" West 10.50 feet and North 00°00'20" West 180.00 feet to the POINT OF BEGINNING. Containing an area of 1,518 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. ___________________________________ DAVID W. MACKEY, PLS 8912       Packet Pg. 204       Packet Pg. 205       Packet Pg. 206       Packet Pg. 207 1 2 8 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Authorization to Proceed with the Street Vacation of a Portion of Broadway Avenue (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley or street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. A petition to vacate a portion of Broadway Avenue was received on July 7, 2022, from Bryan and Billy Henley, owners of a property located on the eastern side of the intersection of North “J” Street and Broadway Avenue (APN: 0138-273-71-0000). The stated reason for the petition to vacate this portion of the street is to accommodate future development of the parcel of land that will include a 25-bed congregate housing       Packet Pg. 208 1 2 8 9 facility and a 45-bed assisted living facility. Vacating this portion of the unused street will adjoin split parcels, thus maximizing future development. Discussion If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns. Future actions by the City will consist of: Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320 Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323 Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324 Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No. 2: Focused, Aligned Leadership and Unified Community, specifically 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. The applicant paid $1,040 in fees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of Broadway Street. Attachments Attachment 1 – Petition Attachment 2 – Grant Deed Attachment 3 -- Legal Description and Plat Map Attachment 4 -- Aerial Map Ward: First Ward Synopsis of Previous Council Actions: None       Packet Pg. 209       Packet Pg. 210       Packet Pg. 211       Packet Pg. 212       Packet Pg. 213       Packet Pg. 214       Packet Pg. 215       Packet Pg. 216       Packet Pg. 217       Packet Pg. 218 EXHIBIT "A" LEGAL DESCRIPTION STREET VACATION APN: 0138-273-071 “”       Packet Pg. 219 L=3 4 7 .40 ',R=482.06'D=41°17'27"C1C2L2L3L4N89° 35' 26"E 200.00'N00° 20' 56"W 196.21'L5A.P.N.: 0138-273-71 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 M.B. 03/79 LOT 11 LOT 12 LOT 13 CARTER'S SUB-DIVISION (RSB 166/66-74)RAILROAD SURVEY OF THESAN BERNARDINO COUNTYW "3RD" STREET W BROADWAY STREET MAIN STREETN "J" STREETLC LC LCLCN29°19'54"E RADIALCARTER'S SUBDIVISION OF LOTS 1, 2, 3, 16, 17, & 18 IN BLOCK 15 OF THE SAN BERNARDINO RANCHO RS 18-160N66° 1 3' 3 9" E R N68°47'31" E R VACATED PER INST 2017-0455323 N89° 37' 06"E 104.37' 5,024 sf STREET VACATED EXHIBIT "B" Feet 0 70 140 C1 C2 L2 L3 L4 L5       Packet Pg. 220 Area of proposed Street Vacation       Packet Pg. 221 1 2 9 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing and Economic Development Department:Community & Economic Development (CED) Subject:FY2022-2023 Emergency Solutions Grant (ESG) and Community Development Block Grant (CDBG) Agreements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve FY 2022-2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC); and 2. Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB). Background The United States Department of Housing and Urban Development (HUD) awards Community Development Block Grant (CDBG) to entitlement communities to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services. Entitlement communities develop their own programs and funding priorities. The City of San Bernardino (City) is an entitled City and has been awarded Emergency Solutions Grants (ESG) pursuant to Subtitle B of Title IV of the McKinney- Vento Homeless Assistance Act, as amended by Division B of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, for the       Packet Pg. 222 1 2 9 1 rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. A key element of the CDBG and ESG Program is the required subrecipient agreements for measuring the subrecipients’ performance and regulatory compliance. At a public hearing on July 20, 2022, the City Council approved the proposed Fiscal Year 2022-23 Annual Action Plan (FY22-23 Action Plan) for submittal to HUD funding under CDBG, HOME, and ESG programs and authorized the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the proposed HUD Fiscal Year 2022-23 Annual Action Plan and Certification to HUD. The FY22-23 Action Plan approved and awarded: ESG Recipients •Lutheran Social Services of Southern California (LSS) $ 70,000 •Community Action Partnership (CAP) $ 25,000 •Salvation Army (SA) $100,000 CDBG Recipients •Inland Fair Housing and Mediation Board (IFHMB) $ 73,000 Services The ESG and CDBG subrecipients provide the following: 1. Lutheran Social Services provides emergency homeless shelter and essential services to unhoused men including case management and medical oversight. 2. Community Action Partnership of San Bernardino County directly assist homeless individuals and those at risk of homelessness with obtaining appropriate supportive services including, but not limited to temporary or permanent housing, rapid rehousing, relocation, medical and mental health treatment, and counseling. 3. Salvation Army provides emergency shelter to homeless families with children in the form of shelter beds and motel vouchers. Salvation Army also assist with meal provisions, assistance with benefits, assistance with important documentation (birth certificate, social security card) job placement, family relocation and connections to social programs to help with housing stabilization. 4. Inland Fair Housing and Mediation Board provides landlord and tenant mediation in the form of education, outreach, enforcement and administrative services to address fair housing issues encountered by city residents and to assist the City in supporting and sustaining inclusive neighborhoods. The Agreements were executed before Council’s approval and routed for signatures via the City’s DocuSign requirements. On March 27, 2023, the IFHMB agreement was approved. On April 6, 2023, the LSS agreement was approved, and currently the CAP’s agreement is pending the final DocuSign signature from the CAP’s authorized       Packet Pg. 223 1 2 9 1 representative. On April 6, 2023, the Housing staff was notified by the City Attorney’s office that the Salvation Army’s ESG Subrecipient Agreement was declined, stating the approval of the FY22-23 Action Plan, on July 20, 2022, does not separately authorize the subrecipient agreements. Staff then realized that the Agreements for Salvation Army, Lutheran Social Services of Southern California and Inland Fair Housing and Mediation Board were also executed prematurely prior to Council’s approval. Discussion Although the AAP was not approved by Council until July 20, 2022, execution of the Agreements is made effective as of July 1, 2022, which is the beginning of the program year. Housing staff believed the executed Agreements were permitted under the premise that Council had already approved the Annual Action Plan (AAP) that outlined said vendors and amounts to be allocated for service. The execution of documents are necessary to effectuate the submittal of the proposed HUD Fiscal Year 2022-23 Annual Action Plan. Under the guidance of BB&K, the Housing Staff is returning to the City Council to seek separate approval for the CDBG and ESG subrecipient Agreements. Once Council approves the Agreements, purchase orders will be processed utilizing the currently approved A greements for LSS, CAP, IFHMB, and SA to issue purchase orders. 2021-2025 Strategic Targets and Goals The request to approve the Subrecipient Agreements aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities. Fiscal Impact Approval of the Subrecipient Agreement will not impact the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve FY 2022-2023 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army, Lutheran Social Services of Southern California, and Community Action Partnership of San Bernardino County (CAPSBC); and 2. Approve FY 2022-2023 Community Development Block Grant Program Subrecipient Agreement with Inland Fair Housing and Mediation Board (IFHMB). Attachments Attachment 1 ESG Program Subrecipient Agreements with Community Action Partnership       Packet Pg. 224 1 2 9 1 Attachment 2 ESG Program Subrecipient Agreements with Lutheran Social Services of Southern California Attachment 3 ESG Program Subrecipient Agreements with Salvation Army Attachment 4 CDBG Program Subrecipient Agreements with Inland Fair Housing and Mediation Board Attachment 5 FY2022-23 Annual Action Plan Ward All Wards Synopsis of Previous Council Actions July 20, 2022 The Mayor and City Council approved the City of San Bernardino’s Draft Fiscal Year 2022-23 Action Plan (FY 2022/23 AP).       Packet Pg. 225 1 EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT THIS EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT (the "AGREEMENT") is made and entered into as of March 16, 2023, by and between the CITY OF SAN BERNARDINO, a California municipal corporation, ("CITY"), and Community Action Partnership of San Bernardino County, a non-profit public benefit corporation licensed to do business in the State of California, 696 S. Tippecanoe Avenue, San Bernardino CA 92408, ("SUBRECIPIENT"), DUNS Number 14663296. RECITALS: 1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371–11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance (“CFDA”) 14.231 and Federal Award Identification Number (FAIN) E-19-MC-06- 0539. For purposes of this Agreement, the ESG shall be deemed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time. 2. The CITY and SUBRECIPIENT (each, a "Party" and jointly, the "Parties") desires to enter into this AGREEMENT so that SUBRECIPIENT may receive a subgrant of the ESG funds in consideration of SUBRECIPIENT'S participation in the CITY'S ESG by the provision of the operation of an emergency solutions program ("program") for homeless individuals or families or individuals or families at-risk of homelessness in the City of San Bernardino in accordance with the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference. 3. The SUBRECIPIENT represents that it is qualified to participate in the ESG and has the requisite qualifications, expertise and experience in the provision of emergency solutions programs for homeless individuals or families or individuals or families at-risk of homelessness, and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at- risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re-housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. 5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $25,000 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under this AGREEMENT. 6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 226 2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and, together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 227 3 CONTACT INFORMATION City of San Bernardino: Subrecipient Organization: Cassandra Searcy Community Action Partnership of San Bernardino County Awarding Official Title: Deputy Director of Housing and Homelessness Patricia L Nickols-Butler Address: 201 N. E Street Name of Primary Contact City: San Bernardino State: CA Zip: 92401 Title: President/CEO Telephone: 909-384-7270 Address: 696 S Tippecanoe Ave City: San Bernardino State: CA Zip: 92408 Telephone: 909 723-1514 CFDA Number: 14.231 FAIN Number: E-19-MC-06-0539 Federal Award Date: May 13, 2023 (the date when the federal award is signed by the authorized official of the federal awarding agency.) 1. ESG Funds Obligated Program Year: 2022-2023 ESG Funds Amount: $25,000.00 Total Amount of ESG Funds Obligated: $25,000.00 I. SCOPE OF PROGRAM A. General Administration In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG. B. Levels of Accomplishment – Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 228 4 C. Staffing; Relationship of Parties; No Third Party Rights The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or joint venture between the Parties, it being understood and agreed that SUBRECIPIENT is and will be at all times an independent contractor pursuant to this AGREEMENT and shall not, in any way, be considered to be an officer, agent or employee of the CITY. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein. II. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2022, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this AGREEMENT. III. DISBURSEMENT AND FUNDS A. Maximum Amount of Disbursements; Method of Disbursement. CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $25,000 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than quarterly, commencing on or before the 15th day of October, January, April, and July, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in quarterly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT’S services under this AGREEMENT. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the prior written approval of the CITY’s Director of the Economic and Housing Department, so long as the total budget amount does not increase. B. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last quarter of the term of this AGREEMENT and the CITY'S approval thereof, which invoice and report shall be due on or before July 15 following the expiration of the term of this AGREEMENT. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 229 5 all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. C. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said ESG program only. Said amounts shall include and will be limited to those activities described at 24 CFR §§ 576.101 – § 576.107, including without limitation, street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems (“HMIS”) data contribution as set forth in. Allowable program costs are detailed in the Budget, as set forth in Exhibit B. The SUBRECIPIENT'S failure to perform, as required, may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. D. Condition of Funding (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. In the event of funding reduction, the CITY may reduce the Budget for this AGREEMENT as a whole or may limit the rate by which SUBRECIPIENT receives the ESG funds for providing SUBRECIPIENT’S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT’S services. Any inspection or examination by the CITY is for the sole purpose of protecting and preserving the CITY’s rights under this AGREEMENT. No default of SUBRECIPIENT shall be waived by any inspection by the CITY. In no event shall any inspection by the CITY be a representation that there has been or will be compliance with this AGREEMENT or that SUBRECIPIENT is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this AGREEMENT or the provision of SUBRECIPIENT’S services. (3) Where the CITY has reasonable grounds to question the fiscal accountability, DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 230 6 financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the CITY may suspend the operation of this AGREEMENT for up to sixty (60) days upon three (3) days' notice to SUBRECIPIENT of the CITY’S intention to so act, pending an audit or other resolution of such questions. E. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in the Budget (Exhibit B). F. Program Income (1) Definition. Program income means, as provided by 2 CFR § 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. G. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the “Account”) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally-accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated to the satisfaction of the CITY. H. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 231 7 funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. I. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at-risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ESG funds will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities," in accordance with its instructions (see Exhibit D). IV. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either CITY or SUBRECIPIENT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses: If to CITY: Community and Economic Development Department City of San Bernardino 290 N. D Street DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 232 8 San Bernardino, CA 92401 With copies to: Princess Wilson, Management Analyst Community and Economic Development Department City of San Bernardino 290 N. D Street San Bernardino, California 92401 Telephone No. (909) 384-5214 If to SUBRECIPIENT: Community Action Partnership of San Bernardino County Patricia L. Nickols-Butler, President/CEO 696 S Tippecanoe Avenue San Bernardino, California 92408 Telephone No. (909) 384-1514 V. GENERAL CONDITIONS A. Coordination with Continuum of Care The SUBRECIPIENT must work with the Continuum of Care (“CoC”) to ensure the screening, assessment, and referral of program participants are consistent with the CITY’s written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400. B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT shall conduct an initial evaluation to determine the eligibility of each individual or family for ESG assistance and the amount and types of assistance of the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under 24 CFR §576.400(d) and the written standards established under 24 CFR §576.401(b). Please see attached City of San Bernardino Emergency Solutions Grant Written Standards. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR § 576.402. D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 233 9 ESG beneficiaries will conform to 24 CFR § 576.403. E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The SUBRECIPIENT and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of the CITY. CITY assumes no liability for SUBRECIPIENT's actions and performance; nor does the CITY assume responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for SUBRECIPIENT. SUBRECIPIENT shall not have authority to act as an agent on behalf of CITY unless specifically authorized to do so in writing. SUBRECIPIENT acknowledges that it is aware that because it is an independent contractor, CITY is making no deduction from any amount paid to SUBRECIPIENT and is not contributing to any fund on its behalf. SUBRECIPIENT disclaims the right to any fee or benefits except as expressly provided for in this AGREEMENT. As respects all acts or omissions of SUBRECIPIENT relating to SUBRECIPIENT’s responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for SUBRECIPIENT, the SUBRECIPIENT agrees to indemnify, defend (at the CITY's option), and hold harmless the CITY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the SUBRECIPIENT's performance or failure to perform under this Section. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low-Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H. Licensing DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 234 10 The SUBRECIPIENT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. SUBRECIPIENT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this AGREEMENT. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers’ compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding (1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of SUBRECIPIENT) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447. The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: (a) Workers’ Compensation Insurance, as required by State statutes. (b) Comprehensive General Liability Insurance or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 235 11 in an amount of not less than $1,000,000 combined single limit of liability for bodily injuries, death, and property damage resulting from any one occurrence. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. The SUBRECIPIENT’s self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Each policy of general liability and automobile liability insurance required by this AGREEMENT shall contain the following clauses: “Written notice of cancellation shall be delivered to the City Clerk of the City of San Bernardino, 290 N. D Street, San Bernardino, CA 92401 in accordance with the policy provisions.” “It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute with insurance provided by this policy.” “The City of San Bernardino, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino.” SUBRECIPIENT hereby agrees to waive subrogation which any insurer of the SUBRECIPIENT may acquire from the SUBRECIPIENT by virtue of the payment of any loss. If requested by CITY, SUBRECIPIENT agrees to obtain and deliver to CITY an endorsement from SUBRECIPIENT’s general liability and automobile insurance insurer to effect this waiver of subrogation. (4) Required Certificates and Endorsements. Prior to commencement of any work under this AGREEMENT, the SUBRECIPIENT shall deliver to CITY (i) insurance certificates confirming the existence of the insurance required by this AGREEMENT, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by CITY, it shall be the SUBRECIPIENT’s responsibility to see that CITY receives documentation, acceptable to CITY, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, CITY reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this AGREEMENT, including endorsements effecting the coverage required by these specifications. (5) Company Rating. All insurance coverage shall be written with a company having an AM. Best Rating “A” or better and financial size VIII or larger. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 236 12 (6) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must ensure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408 and applicable California relocation law (Government Code § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.) Any relocation plan for the Project shall be subject to the review and approval by the State of California. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either Party, the contract shall forthwith be physically amended to make such insertion or correction. VI. ASSURANCES AND CERTIFICATIONS A. Non-Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 237 13 SUBRECIPIENT has been fully authorized by all requisite actions on the part of the SUBRECIPIENT. (2) If the SUBRECIPIENT’s non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR § 200. B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 238 14 status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug-free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 239 15 Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants’ health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 240 16 in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. I. Davis-Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the “Statement of Compliance”) and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, lo an or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VII. ADMINISTRATIVE REQUIREMENTS Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. A. Procurement (1) Compliance. The SUBRECIPIENT shall keep itself fully informed of and in compliance with all current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY’S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT’s award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR § 200.414(b) Indirect (F & A) costs shall be used. For this AGREEMENT, the de minims indirect cost of 10% willapply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 241 17 B. Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. C. Record Keeping Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT’S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post- completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 242 18 are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above- referenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. D. Homeless Management Information Systems (HMIS) 1. Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS. 2. HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the SUBRECIPIENT'S agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3rd Floor, San Bernardino, California(909-387-4700). 3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be delivered to the CITY. 4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS. Participation includes, but is not limited to, the input of all programmatic and client data, the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty eight (48) hours after date of program entry. Services rendered to clients must be entered into HIMS within forty eight (48) hours from date of services. All clients who exit the program must have updated status in HIMS within forty eight (48) hours of actual exit date. Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below. E. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 243 19 compliance with audit report(s) required by applicable provisions of the Lead- Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally Each Party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each Party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 244 20 B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass- through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, defense costs, liability or damages of any kind or nature resulting from or arising out of the acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers in the performance of SUBRECIPIENT's services and activities under this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project or activity under this part, or commit or expend ESG or local funds for eligible activities under this part unless and until HUD has performed an environmental review under 24 CFR part 50 and the SUBRECIPIENT has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966. B. Lead-based paint remediation and disclosure The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG and all housing occupied by program participants that were built before 1978. C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 245 21 paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K (“LBP Regs”). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance; (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and (4) Notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA-approved equivalent. The current form and version of the pamphlet can be found at: https://www.fsa.usda.gov/Internet/FSA_File/pfflinyhbrochure.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 246 22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. XI. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 2 CFR § 200.112 with respect to the use of ESG funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of ESG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program’s Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 247 23 theSUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize ESG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either Party unless in writing and signed by both Parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Events of Default. For purposes of this Section XV, the word “Default” shall mean the failure of SUBRECIPIENT to perform any of SUBRECIPIENT’s duties or obligations or the breach by SUBRECIPIENT of any of the terms and conditions set forth in this AGREEMENT. In addition, SUBRECIPIENT shall be deemed to be in Default upon SUBRECIPIENT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of SUBRECIPIENT’s assets or of SUBRECIPIENT’s interests hereunder. CITY shall not be deemed to be in Default in the performance of any obligation required to be performed by CITY hereunder unless and until CITY has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from SUBRECIPIENT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CITY’s obligation is such that more than thirty (30) days are required for its performance, then CITY shall not be deemed to be in Default if CITY shall commence to cure such performance DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 248 24 within such thirty (30) day period and thereafter diligently prosecute the same to completion. B. Institution of Legal Actions. In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this AGREEMENT, either Party may institute an action at law or in equity to seek the specific performance of the terms of this AGREEMENT, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California or in the United States District Court for the Central District of California. C. Acceptance of Service of Process. In the event that any legal action is commenced by the SUBRECIPIENT against CITY, service of process on CITY shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by CITY against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made by personal service upon SUBRECIPIENT’s Representative or in such other manner as may be provided by law. D. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party. E. Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. F. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. G. Attorneys’ Fees. CITY and SUBRECIPIENT agree that in the event of litigation to enforce this AGREEMENT or terms, provisions and conditions contained herein, to terminate this AGREEMENT, or to collect damages for a Default hereunder, the prevailing Party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation. H. Immediate Termination for SUBRECIPIENT’s Default. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 249 25 In the event of any Default by SUBRECIPIENT, CITY may immediately terminate this AGREEMENT. Such termination shall be effective immediately upon receipt by SUBRECIPIENT of written notice from CITY. In such event, SUBRECIPIENT shall have no further rights hereunder; CITY shall have all other rights and remedies as provided by law. I. Termination Without Cause. CITY may terminate this AGREEMENT at any time without the necessity of cause or Default by SUBRECIPIENT by giving fifteen (15) days' notice in writing to SUBRECIPIENT. In such event, SUBRECIPIENT shall have no further rights hereunder, except that SUBRECIPIENT shall be paid for all Services rendered prior to receipt of notice of such termination. J. Time for Performance. Time is of the essence in the performance of this AGREEMENT. SUBRECIPIENT shall perform and complete all of SUBRECIPIENT'S services in a timely and expeditious manner. SUBRECIPIENT shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that SUBRECIPIENT has delivered to the CITY written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: (1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the expiration of the term all financial, performance, and other reports as required by the terms and conditions of the Federal award; (2) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; (3) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See 2 CFR 200.345); (4) SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310- 200.316 and 200.329; and, (5) The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 250 26 The invalidity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any non- compliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. (Remainder of page intentionally left bank; signatures on next page) DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 251 27 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW. CITY OF SAN BERNARDINO Community Action Partnership of San A California Municipal Corporation Bernardino County Charles E McNeely, City Manager Patricia L. Nickols-Butler Date: Date: 696 S. Tippecanoe Avenue San Bernardino, CA. 92408 Contact Person: Patricia L. Nickols-Butler Phone: 909-723-1514 Email: plnickols@capsbc.org ATTEST City of San Bernardino Genoveva Rocha, City Clerk Approved as to form: City Attorney By: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 252 EXHIBIT "A" SCOPE OF WORK [Behind this page.] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 253 Scope of Work Community Action Partnership of San Bernardino County CAPSBC will provide homeless prevention services for up to 10 households with a goal of assisting up to 10 families or a total of 40 individuals in combined households at risk of becoming homeless or homeless if they are unable to pay their rent. Qualifying fact ors for services include households or individuals who have the potential to be displaced from their housing due to loss of employment, reduction in work hours or have experienced a recent catastrophic event or medical emergency. CAPSBC staff will conduct an initial comprehensive assessment to determine the program participants’ eligibility and the types and amounts of assistance the program participant needs. Follow-up contacts will be made at 90- and 180-day intervals. This project will benefit San Bernardino City residents who are at risk of homelessness by identifying their specific crisis, providing referrals to wraparound services and helping them maintain housing. They may become more self-sufficient by receiving essential supportive services such as financial literacy education and connection to other mainstream programs such as employment/workforce services. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 254 DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 255 EXHIBIT "B" BUDGET [Behind this page.] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 256 Community Action Partnership of San Bernardino County FY 2022-2023 Sources of Funds: ESG Funds Applicant’s Funds: Other Sources: Project Room Key Total Street Outreach1 Service Activity: Service Activity: Service Activity: Emergency Shelter2 Operational Activity: $12,500.00 $12,500.00 $25,000.00 Operational Activity: Operational Activity: Homeless Prevention3 Activity: Activity: Activity: Rapid Re-Housing Assistance: Activity: $12,500.00 $12,500.00 $25,000.00 Activity: Activity: HMIS4 Activity: TOTAL: $25,000.00 $25,000.00 $50,000.00 1 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 2 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 3 Homelessness Prevention Activities – 40% of ESG funding is targeted for homelessness prevention activities 4 HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 257 EXHIBIT "C" CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit OMB Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Name of Subrecipient Organization Program Title Name of Certifying Officer Signature Date DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 258 EXHIBIT "D" DISCLOSURE OF LOBBYING ACTIVITIES [Behind this page.] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 259 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year _________ quarter _________ e. loan guarantee date of last report ______________ f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Tier ______, if known : Congressional District , if known : Congressional District, if known : 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable : _____________ 8. Federal Action Number, if known : 9. Award Amount, if known : $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI ): different from No. 10a ) (last name, first name, MI ): 11.Signature: Print Name: Title: Telephone No.: _______________________ Date: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. Prime Subawardee Federal Use Only: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 260 EXHIBIT "E" EMERGENCY SOLUTIONS GRANT – WRITTEN STANDARDS DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 261 Community Development Block Grant Program Policies and Procedures Manual Updated July 2019 DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 262 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | i TABLE OF CONTENTS Executive Summary ........................................................................................................ 1 Allocation Process ........................................................................................................... 4 CDBG Applications for Funding ................................................................................... 4 CDBG Ad Hoc Committee ........................................................................................... 5 Internal Budget Development and Review ................................................................... 5 City Council Approval Process .................................................................................... 6 Annual Action Plan Submission ................................................................................... 6 Implementation Process .................................................................................................. 7 Activity Eligibility .......................................................................................................... 7 Integrated Disbursement and Information System (IDIS) ............................................ 7 National Environmental Policy Act ............................................................................... 8 CDBG Subrecipients .................................................................................................... 8 Davis Bacon and Related Acts .................................................................................... 9 Amendments to the Consolidated Plan and the Action Plans .................................... 11 Evaluation Process........................................................................................................ 12 Consolidated Annual Performance and Evaluation Report (CAPER) ........................ 12 Additional Federal Reports ........................................................................................ 13 Monitoring of Subrecipients ........................................................................................... 14 Records Management ................................................................................................... 15 Definitions ..................................................................................................................... 16 Attachment A Citizen Participation Plan Attachment B Allocation Process Flow Chart Attachment C City of San Bernardino City Council Wards Map Attachment D Public Service Activity Application Attachment E Construction Project Application Attachment F Project Proposal Evaluation Form Attachment G Activity Eligibility and National Objective Form Attachment H Subrecipient Monitoring Checklist Attachment I Subrecipient Monitoring Plan DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 263 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 1 EXECUTIVE SUMMARY The City of San Bernardino (City) receives federal entitlement funds annually from the U.S. Department of Housing and Urban Development (HUD) to implement the Community Development Block Grant (CDBG) Program. The City’s Community and Economic Development department (CED), Housing Division (HD) is responsible for ensuring that the CDBG Program is operated in accordance with the controlling regulations found in 24 CFR Part 570 and all other applicable federal rules and regulations. The City operates its CDBG Program concurrently with the City’s fiscal year starting July 1 through June 30 (Program Year). The purpose of this manual is to outline the City’s established policies and procedures used to allocate CDBG funds, implement approved CDBG funded activities, and evaluate CDBG funded activity progress and expenditures during and after the Program Year. The City implements its CDBG Program in accordance with 24 CFR Part 570 and other federal cross-cutting requirements. This policies and procedures manual is organized into the following sections: 1. Allocation Process This section describes the City’s process for allocating CDBG funds to various activities leading up to the submission of the Annual Action Plan (Action Plan), which includes the CDBG funding recommendations. The allocation process includes:  Identifying capital improvement project requests from each City Council Ward;  Program funding requests from various City departments and the public;  Internal budget development and review of all CDBG funding recommendations;  Proposed funding recommendations are presented at a CDBG Ad Hoc Committee public meeting; and  Proposed funding recommendations are presented to the City Council for approval during a Public Hearing. The allocation process is complete after the City submits its Action Plan for HUD approval. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 264 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 2 2. Implementation Process This section describes the City’s process for implementing the CDBG Program during the Program Year. The implementation process includes:  Ensuring the proper administration and federal compliance of CDBG funded activities pursuant to 24 CFR 570 and other applicable federal regulations;  Performing environmental clearance in accordance with the National Environmental Policy Act (NEPA) and the governing regulations found in 24 CFR Part 58;  Maintaining internal controls of the Integrated Disbursement and Information System (IDIS); and  Ensuring compliance with federal labor standards related to Davis Bacon and Related Acts (DBRA). The implementation process also includes amendments to allocation of CDBG funds when deemed necessary and pursuant to the City’s Citizen Participation Plan. 3. Evaluation Process This section describes the City’s process for evaluating progress and expenditures of the CDBG funded activities at the conclusion of the Program Year. The evaluation process includes:  Activities leading up to the submission of the Consolidated Annual Performance and Evaluation Report (CAPER);  The submission of other federal reports; and  The retention and management of CDBG Program records. 4. Monitoring of Subrecipients This section describes the City’s monitoring process for public service and capital improvement activities funded under the CDBG Program. The monitoring process consists of:  Identifying potentially at risk activities;  Conducting an on-site monitoring visit; DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 265 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 3  Interviewing the Subrecipient; and  Collecting and reviewing information and supporting documents to determine programmatic and financial compliance pursuant to 24 CFR 570.501. 5. Records Management This section covers the requirements for recordkeeping of activities funded with CDBG Program pursuant to 2 CFR Part 200 and provides a list of documents and reports maintained in project files. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 266 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 4 ALLOCATION PROCESS The City has established a process to allocate CDBG funds in accordance with 24 CFR Part 570 prior to the submission of the Action Plan to HUD. HD Staff reviews proposed activities to ensure compliance with the City’s goals and objectives outlined in its HUD- approved Consolidated Plan pursuant to 24 CFR Part 91. The City ensures its compliance with the Citizen Participation Plan requirements (24 CFR 91.105), which is developed as part of the Consolidated Plan and implemented on an annual basis. Refer to Attachment A for the Citizen Participation Plan. This section chronologically outlines the City’s process for formulating its annual CDBG funding recommendations in compliance with 24 CFR 570.501(b). See Attachment B for the Allocation Process Flowchart. CDBG Applications for Funding HD Staff reviews all CDBG applications for funding. Based on the annual allocation and any previous year carryover, HD Staff reviews and makes recommendations on which projects and programs to fund. Public Service Programs When the City begins to prepare its Action Plan HD Staff advertises the availability of funds as follows:  Posts a NOFA on the City’s website;  Places notice in the newspaper;  The NOFA is available at City Hall and the Feldheym Library; and  The NOFA is emailed to the City’s current subrecipients. Capital Improvement or Public Infrastructure Projects Simultaneously, HD Staff coordinates with other City departments to review project requests. Examples of public infrastructure needs received are street lightings, street and gutter improvements, and sidewalk construction. The goal is to propose projects disbursed amongst the City’s Council Wards. HD Staff reviews these requests for DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 267 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 5 eligibility, develops funding recommendations based on priority needs set forth in the Consolidated Plan and obtains estimated project costs. Additionally, when Capital Improvements project are public facilities, HD Staff work closely with the Parks and Recreation and Public Works Departments to develop funding recommendations based on City priority needs set forth in the City’s Capital Improvement Program. See Attachment C for City Council Wards Map. CDBG Ad Hoc Committee HD Staff works with the other City departments to present the draft funding recommendations to the CDBG Ad Hoc Committee, which is comprised of three council members. The Ad Hoc Committee meeting, which usually takes place in March or April, is a public hearing and is noticed in papers of local circulation. The Ad Hoc Committee can concur with HD Staff recommendations or recommend alternate projects to the Mayor and City Council. The Ad Hoc Committee recommendations are considered by the City Council at the time the Action Plan is considered for approval. At this meeting, the public and other stakeholders are also informed about the upcoming Action Plan and the 30-day public review. After the 30-day public review process, HD Staff will present draft funding recommendations to the City Council for approval. Internal Budget Development and Review HD Staff is responsible for the development of the Action Plan which includes CDBG projects, programs and funding recommendations. HD Staff has established the following process in order to develop comprehensive CDBG funding recommendations: 1. Departmental Requests – CDBG Activities The City uses the CDBG Program to fund eligible activities within multiple City departments. In order to develop the CDBG budget, HD Staff solicits requests for specific CDBG-eligible activities. These requests are submitted to HD Staff through an application that requires the applicant to provide pertinent information about the proposed activity in order for HD Staff to conduct an eligibility determination in DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 268 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 6 compliance with 24 CFR 570.201. Refer to Attachment D for the Public Service Activity Application and Attachment E for the Construction Project Application. 2. Internal Administrative Review Upon completion of the eligibility determination of departmental requests, HD Staff completes a CDBG budget through an internal administrative review process. The CDBG budget recommendations are presented to the Director of CED. Subsequently, the Director of CED reviews and discusses the CDBG budget recommendations with the City Management team. City Council Approval Process The Action Plan is placed on the agenda of a regularly scheduled City Council meeting for consideration. City Council approves the Action Plan and designates the City Manager or the Director of CED as the Certifying Official authorized to execute all documents related to the administration, management and implementation of the CDBG Program. Various community groups and advisory boards or commissions are responsible for providing CDBG funding requests and recommendations for different activities within the budget. Throughout the allocation process, HD Staff continually plays a vital role in balancing community needs during the development of the Action Plan. The City Council considers and approves the Action Plan for submission to HUD. Annual Action Plan Submission Once City Council approves the Action Plan, HD Staff submits the final Action Plan to HUD using the IDIS eCon Planning Suite system no later than May 15, unless an extension is requested, in which case the Action Plan is submitted no later than August 16. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 269 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 7 IMPLEMENTATION PROCESS After the City has submitted its Action Plan for HUD approval, HD Staff undertakes certain steps to prepare for the implementation of the CDBG Program in the upcoming Program Year. These steps include documenting eligibility of proposed CDBG activities pursuant to 24 CFR 570.200, setting-up CDBG activities and maintaining internal controls of the Integrated Disbursement and Information System (IDIS), and obtaining environmental clearance consistent with 24 CFR Part 58 (the National Environmental Policy Act) for all CDBG-funded activities. HD Staff is responsible for ensuring that Subrecipients abide by the CDBG Program requirements and applicable federal rules and regulations. This section also describes the City’s process related to Subrecipients including executing contracts, processing invoices and tracking performance. The City uses CDBG Program funds for capital improvement projects. Certain capital improvement projects require the implementation of federal labor standards such as Davis-Bacon and Related Acts (DBRA). This section describes the City’s process relating to the enforcement of DBRA requirements. Activity Eligibility After the Action Plan has been submitted for HUD approval, HD Staff formally documents CDBG activity eligibility as required under 24 CFR 570.200. HD Staff completes the CDBG Project Proposal Evaluation Form for each CDBG-funded activity. Refer to Attachment F for the CDBG Project Proposal Evaluation Form. Integrated Disbursement and Information System (IDIS) The City uses IDIS as its draw down and reporting system for the CDBG Program. HD Staff is responsible for setting-up and funding activities, requesting or revising vouchers and approving vouchers to draw down funds. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 270 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 8 National Environmental Policy Act The City obtains National Environmental Policy Act (NEPA) clearance for all CDBG activities as required under 24 CFR Part 58. Before the beginning of the program activities, HD Staff develops an Environmental Review Record. HD Staff determines if an activity is exempt, categorically excluded (not subject to Section 58.35), categorically excluded (subject to Section 58.38), or requires an environmental assessment or environmental impact statement. If necessary, HD Staff works with a consulting firm for CDBG activities that require an environmental assessment or environmental impact statement. HD Staff does not proceed with any CDBG activities until obtaining environmental clearance. CDBG Subrecipients The City provides CDBG funds to Subrecipients to carry out a diverse array of activities that benefit San Bernardino residents. HD Staff is responsible for ensuring that Subrecipients are following all federal rules and regulations including 24 CFR Part 570 and 2 CFR 200. The City has established the following processes to manage its Subrecipients: 1. Agreements After HD Staff has submitted the Action Plan for HUD approval, the City must enter into an agreement with each Subrecipient in accordance with 24 CFR 570.503 and 24 CFR 200.330(a). Subrecipients must submit a final Scope of Work, operating budget and schedule of performance to HD Staff. The draft agreements are reviewed by HD Staff reviews the draft agreements and provides three copies to the Subrecipients. Subrecipients must sign, and return all three agreements. After the executed agreements and associated attachments are submitted to HD Staff, the agreements are reviewed by the City Attorney to ensure compliance. The City Attorney then signs the agreements and the City Manager or the designee executes the agreements under the authority granted by the City Council. After the agreements have DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 271 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 9 been executed, HD Staff retains an original agreement for the activity file and provides the City Clerk and the Subrecipient with an original agreement. 2. Invoices HD Staff requires Subrecipients to submit quarterly invoices and provide supporting documentation to substantiate the reimbursement costs pursuant to 24 CFR Part 200. In addition, Subrecipients must complete quarterly progress reports. HD Staff reviews the invoices to ensure that all submitted documentation substantiates the reimbursement requests and that costs are consistent with the subrecipient agreement, specifically the approved scope of work and budget schedule. Fiscal Staff reviews invoices for financial compliance and mails the checks directly to the Subrecipients, along with supporting documents. Davis Bacon and Related Acts The Davis Bacon and Related Acts (DBRA) require prime contractors and subcontractors performing work on federal construction contracts or federally-assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts. HD Staff is responsible for the administration and enforcement of DBRA requirements for all applicable CDBG contracts. HD Staff has established the following procedures to ensure DBRA compliance and pursuant to 24 CFR 570.603 and 2 CFR 200.318: 1. Procurement Community and Economic Development, Public Works, Parks and Recreation, and Finance staff communicate DBRA requirements to interested prime contractors and subcontractors during the bidding process through the City’s contract documents and specifications. Specifically, the City has these requirements placed in a discrete section of the contract documents and specifications labeled “CDBG Exhibits”. HD Staff is DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 272 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 10 readily available to answer interested prime contractor and subcontractor questions during the bidding process in order to clarify federal requirements. HD Staff reviews the lowest three responsible bids to ensure initial compliance with DBRA requirements. Once the contract has been awarded, HD Staff reviews DBRA requirements during the pre-construction meeting with the prime contractor, subcontractors, inspectors and other City employees. 2. Employee Interviews The Subrecipient conducts on-site employee interviews during construction projects using the Record of Employee Interview Form (HUD-11). The purpose of these interviews is to ensure that employees are paid according to the projects’ approved federal wage determination. Employees are randomly selected by trade to be interviewed. HD Staff conducts additional employee interviews if projects have ongoing labor compliance issues. HD Staff also monitors to ensure that the federal wage rates and Davis-Bacon poster are located on the project sites. 3. Certified Payroll Review As required under 24 CFR 570.603, Housing Division Staff requires prime contractors to submit weekly certified payrolls. Prime contractors must also submit all certified payrolls on behalf of its subcontractors. Prime contractors and subcontractors can use their own certified payroll forms only if they include all fields on the Department of Labor’s recommended certified payroll form (WH-347). HD Staff reviews certified payrolls; payroll reviews increase if prime contractors or subcontractors have on-going labor compliance issues. If prime contractors or subcontractors are behind on submitting certified payrolls, the City reserves the right to withhold progress payments. 4. Non-Compliance The City ensures compliance with DBRA requirements by closely monitoring projects through on-site monitoring, employee interviews, and review of prime contractor and subcontractor certified payroll records. HD Staff informs prime contractors of the potential risks non-compliance with DBRA requirements. Under the contracts, prime DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 273 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 11 contractors are responsible for ensuring that their subcontractors are in conformance with federal regulations. HD Staff directs Public Works and Parks and Recreation staff to withhold prime contractors’ progress or final payments when prime contractors or subcontractors are found in non-compliance. Progress or final payments are withheld until all labor compliance violations have been resolved. Prime contractors or subcontractors face possible debarment when evidence is presented of fraud or other serious infractions. In these circumstances, HD Staff works closely with HUD’s Office of Labor Relations and or the U.S. Department of Labor until compliance has been reached or penalties have been imposed. Amendments to the Consolidated Plan and the Action Plans The City may choose or need to amend its Consolidated Plan or Action Plan to describe major program changes such as new activities. In accordance with 24 CFR 91.505, the City shall amend its Consolidated Plan or Action Plan whenever one of the following occurs:  To make a substantial change in allocation priorities or in the distribution of funds of more than 15% of the City’s total federal entitlement for a specific program year;  To use CDBG funds to carry out an activity not previously described in the Action Plan or the Consolidated Plan; or  To allow a substantial change in the purpose, scope, location or beneficiaries of a specific activity. Proposed CDBG activities are reviewed to determine if they deviate from activities previously identified in the program year and therefore require a Substantial Amendment to the Consolidated Plan. If a substantial change is proposed, the City publishes a public notice and provides a 30-day public comment period to allow review and comment on the proposed changes and a public hearing will be held in accordance with HUD requirements and the Citizen Participation Plan. Substantial amendments are submitted to HUD as it occurs or at the end of its program year. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 274 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 12 EVALUATION PROCESS This section outlines the City’s process for evaluating CDBG Program performance and expenditures in the form on the Consolidated Annual Performance and Evaluation Report (CAPER) in compliance with 24 CFR 570.507. In addition, this section describes supplemental federal reporting requirements that are to be submitted throughout the Program Year. Consolidated Annual Performance and Evaluation Report (CAPER) The City is required to prepare and submit the CAPER for HUD approval within 90 days of the conclusion of the Program Year. The CAPER provides detailed financial and beneficiary information and explains how the City is carrying out its housing and community development strategies, projects and activities. HD Staff is responsible for the preparation and submission of the CAPER for HUD approval. The City has established the following process in order to prepare the CAPER in accordance with its Citizen Participation Plan and 24 CFR Part 91: 1. CDBG Activity Evaluation HD Staff obtains CDBG activity information from Subrecipients and City departments in order to prepare the draft CAPER. Subrecipient activity information is obtained through CDBG Quarterly Reports, and Program Invoices. See Attachment G for the Activity Eligibility and National Objective Form. 2. Public Comment Period As required under 24 CFR 91.105 and described in the Citizen Participation Plan, HD Staff establishes a 30-day public comment period to give community stakeholders an opportunity to comment on the draft CAPER. All comments received during the public comment period are incorporated or addressed in the final CAPER. 3. CAPER Submission HD Staff submits the final CAPER document to the Field Officer Director at HUD’s Los Angeles Field Office of Community Planning and Development using the online IDIS eCon Planning Suite. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 275 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 13 Additional Federal Reports HUD requires the submission of multiple federal reports throughout the Program Year to ensure the implementation of different programmatic requirements. The information on these reports includes, but is not limited to, CDBG Program activity information. The City has established the following procedures in order to prepare and submit these federal reports: 1. Semi-Annual Labor Standards Enforcement Report – Local Contracting Agencies (HUD 4710) This federal report is required by HUD’s Office of Labor Relations and includes DBRA contract information for two annual reporting periods. The first reporting period is from October 1 through March 31 and is due by April 10. The second reporting period is from April 1 through September 30 and is due by October 10. HD Staff submits these reports directly to the Regional Labor Relations Officer at HUD’s Los Angeles Field Office of Labor Relations. 2. Section 3 Summary Report (HUD 60002) This federal report is required by HUD’s Office of Fair Housing and Equal Opportunity and includes Section 3 information for the calendar year. HD Staff submits this report directly online via HUD’s website to the Section 3 Coordinator at HUD’s Los Angeles Field Office of Fair Housing and Equal Opportunity. 3. Minority Business Enterprises / Women Business Enterprises Report (HUD 2516) This federal report is required by HUD’s Office of Community Planning and Development annually and includes contracting information pertaining to Minority Business Enterprises/Women Business Enterprises. HD Staff submits this report directly to the appropriate Senior Financial Analyst at HUD’s Los Angeles Field Office of Community Planning and Development and includes a copy in the CAPER. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 276 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 14 MONITORING OF SUBRECIPIENTS HD Staff performs monitoring visits at Subrecipient locations to determine compliance with federal rules and regulations and in accordance with 2 CFR 200.330 and 2 CFR 200.331. Monitoring visits involve HD Staff members who examine program and financial matters related to the City’s CDBG Program. Subrecipients answer a series of questions that are consistent with the CDBG Subrecipient Monitoring Checklist, which includes questions pertaining to the CDBG Program and other federal requirements. Refer to Attachment H for the CDBG Monitoring Checklist and Attachment I for the detailed Subrecipient Monitoring Plan. HD Staff has developed the following monitoring procedures to ensure consistency with HUD’s recommended best practices:  Send notification letter/e-mail to Subrecipient prior to scheduled monitoring visit,  Conduct entrance interview,  Complete CDBG Subrecipient Monitoring Checklist, including determination if Subrecipient is subject to Single Audit requirement (i.e., those that receive more than $750,000 in federal grants),  Conduct exit interview,  Send follow-up monitoring response to the Subrecipient within 15 working days of the completion of the monitoring,  Allow Subrecipient 15 days to respond to findings and/or concerns,  Reply to Subrecipient’s response within 15 days of receipt, and  Send clearance letter to Subrecipient. All monitoring documentation is placed in the Subrecipients’ activity files. In the event that there are unresolved monitoring issues, the City does not release Subrecipient’s fourth quarter payments until all monitoring findings and concerns are resolved. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 277 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 15 RECORDS MANAGEMENT The City and its Subrecipients retain the following CDBG records in compliance with 24 CFR 570.506(b) and 24 CFR 570.503. The City ensures files and pertaining records are kept for five years for each CDBG funded activity when the activity is last reported with the CAPER. These files include administrative and financial documents as well as beneficiary data and other related reports.  Reports for announcing the availability of CDBG funds, public notices, public hearings, meeting minutes, and public correspondence.  Copies of Subrecipient applications, Subrecipient agreements, program policies and guidelines, progress reports, draw down requests, supporting documents for expenses covered by CDBG funds, and beneficiary data reports.  Documents related to meeting the CDBG Program requirements such as income eligibility of beneficiaries, monitoring visits, and quarterly reports for each CDBG funded activity. The City also provides residents, public agencies and other interested parties with reasonable access to records regarding past use of CDBG funds, consistent with applicable state and local laws regarding privacy and confidentiality. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 278 CDBG Program Policies & Procedures Manual Updated July 2019 City of San Bernardino Page | 16 DEFINITIONS Annual Action Plan HUD’s required document that provides a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. CAPER Consolidated Annual Performance and Evaluation Report is the year-end report used to submit performance data for activities, programs and services funded with CDBG, HOME, ESG and HOPWA funds. Consolidated Plan A 5-year planning document used to assess the City’s affordable housing, community and economic development needs and market conditions, and to make data-driven, place-based investment decisions. Community Development Block Grant (CDBG) Program Provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. Community and Economic Development Housing Division Staff Housing Division Staff from the Community and Economic Development Department who administer the City’s HUD programs. Fiscal Housing Division Staff Housing Division Staff from the Community and Economic Development Department Fiscal Division who ensure financial compliance with the CDBG Program. HUD The U.S. Department of Housing and Urban Development. IDIS Integrated Disbursement and Information System is the federal database and reporting s ystem for the CDBG Program. NEPA National Environmental Policy Act guides the environmental review of activities funded with CDBG funds. Program Year A period of time that starts from July 1 of each year through June 30 of the following year to indicate the start and end of an Annual Action Plan. Subrecipients The nonprofit organizations that receive CDBG funds to carryout services and programs benefiting low and moderate income persons. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 279 Attachment A Citizen Participation Plan DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 280 CITIZEN PARTICIPATION PLAN AND ASSESSMENT OF FAIR HOUSING PLAN DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 281 1 MCC Approved 12/06/2017 CITIZEN PARTICIPATION PLAN AND ASSESSMENT OF FAIR HOUSING PLAN Introduction Federal regulations require that recipients of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG), programs follow a Citizen Participation Plan in order to receive continued federal funding. To satisfy the federal requirements for receipt of CDBG and HOME funds, the City of San Bernardino certifies that it will adhere to the following Citizen Participation Plan in providing for and encouraging public participation in the development and administration of its CDBG and HOME programs as well as development of the Assessment of Fair Housing (AFH)Plan. Policy Statement The purpose of the Citizen Participation Plan is to provide the method and process by which the City of San Bernardino (City) consolidated planning and AFH processes will comply with the citizen participation requirements promulgated by the U.S. Department of Housing and Urban Development (HUD) pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, and as further augmented by program regulations under 24CFR Part 91.105 (rev.3/14/2016). Through implementation of this Citizen Participation Plan, citizens will be afforded the maximum feasible opportunity to provide input on housing and community development needs, issues and problems affecting very-low and low income persons; to learn about the Community Development Block Grant Program (CDBG), Emergency Solutions Grant (ESG) Program, HOME Investment Partnerships (HOME) Program, Section 108 Guaranteed Loan Funds, to provide input into the AFH and any other applicable programs that the City may apply for and their expected amount of assistance to be received from each to develop local project proposals; to provide input to project selections and funding distributions; and to participate in the implementation of funded activities. Development of the Consolidated Plan Before the Consolidated Plan (and annual updates) is adopted by the City Council and submitted to HUD, the City will make the plan available to citizens, public agencies, neighboring jurisdictions, and other interested parties for review, and will also establish a means by which these parties can submit comments. Information made accessible to the public will include the amount of CPD grant funds the City expects to receive (including program income), the range of activities to be undertaken, and the anticipated number of low- and moderate-income persons to benefit from funded activities. Information will also include the steps the City will take to eliminate the need for displacement of persons. If displacement will occur due to any planned actions, the DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 282 2 MCC Approved 12/06/2017 City will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (and implementing regulations in 49 CFR part 24). The City will publish its proposed Consolidated Plan (and annual updates) so that all affected residents will have sufficient opportunity to review and comment on the plan. A summary describing the contents and purpose of the Consolidated Plan will be published in one or more newspapers of general circulation. To the extent feasible, the draft document will be posted on the City’s website (http://www.ci.san- bernardino.ca.us/). Additionally, the entire proposed plan will be made available for review at the following locations:  City Information Center  Office of the Clerk  Norman F. Feldheym Central Library  Community Development Department  Economic and Housing Development Department A reasonable number of free copies will be available at the Economic and Housing Development Department. During the development of the Consolidated Plan (and annual updates) there will be at least one public hearing to obtain comments from persons affected by the use of CPD funds, other community stakeholders, and interested parties. Additionally, as required by program regulations, there will be a 30-day public comment period prior to the submission of the Consolidated Plan to HUD. The City will consider all comments received from residents, public agencies and other interested parties as it prepares the final Consolidated Plan (and annual updates). A summary of public comments will be included with the final submission. The summary of public comments will include a synopsis of the City’s response to written public comments, and an explanation of public comments not accepted, including the reasons why these comments were not accepted Primary Objectives A summary of the primary objectives of the Participation Plan is provided below: • Ensure that citizens are informed of the amount of funds (including anticipated program income, as applicable) available under the Consolidated Plan (to include Section 108 Guaranteed Loan Funds, when applicable), the range of activities that may be undertaken, as well as the various program requirements. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 283 3 MCC Approved 12/06/2017 • Provide citizens with adequate opportunities to participate in the development of the Consolidated Plan and any required changes, revisions or amendments to the plan. • Provide citizens with adequate opportunities to participate in the development of the Assessment of Fair Housing Plan and any required changes, revisions or amendments to the plan. • Provide technical assistance to citizens in developing specific proposals for funding consideration. • Provide an ongoing process for citizens likely to be affected by program activities to articulate need, express preferences about proposed activities, assist in selecting priorities, and participate in the overall development of the Consolidated Plan and the AFH. • Provide a process through which citizens may participate in the monitoring and evaluation of community development and housing activities. • Provide a process whereby citizens may comment with respect to any aspect of the City’s housing and community development performance and be assured that written comments will be considered and responded to in accordance with federal regulations. Standards of Participation All aspects of the City’s citizen participation efforts shall be conducted in an open manner with freedom of access to all interested parties. The City encourages the involvement of all groups including low and very low-income persons and protected classes, those living in blighted areas, and in areas where CDBG and HOME funds are proposed to be used. These standards of participation extend to non-English speaking persons, as well as persons with mobility, visual or hearing impairments, members of minority groups, the elderly, the disabled, the business community, civic groups and the community at large. This plan is not intended to exclude any individual citizen input, but rather to enhance citizen participation in this process. All citizens of the City are encouraged to participate in every public meeting and to contact the Housing and Economic Development Department with any questions concerning the process and the programs pertaining to the Consolidated Plan and AFH including the CDBG, ESG and HOME ) Programs or any other applicable future programs that are funded by HUD. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 284 4 MCC Approved 12/06/2017 Technical Assistance To help facilitate citizen input, the City will provide technical assistance through its staff to groups representative of low, very low, extremely low income residents and protected classes which may require such assistance in developing proposals for federal funding as required by federal regulations. Technical assistance may be provided by telephone, meetings, U.S. mail, and workshops throughout the year. Public Information In order for citizens to become informed and involved in the Consolidated Plan and AFH processes, the City will make available all relevant information, including the following: Material concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be taken including the amount that will benefit the persons of low and very low income and protected classes; Applicable regulations and guidelines governing all aspects of the programs; Prior applications, final statements and amendments, grant agreements, grantee performance reports, citizen participation plan and any other reports required by the HUD; Documents regarding other important program requirements such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements and relocation provisions; Mailings, notices and any other promotional materials; Minutes of meetings and hearings; Any other document the City believes is necessary to the consolidated planning and AFH processes. The summary of the proposed Consolidated Plan and AFH will be published in one or more newspapers of general circulation. The summary will provide the contents and the purpose of the Consolidated Plan and AFH and a list of locations where copies of the entire plans may be examined. Copies of the entire proposed plans will be available to the public at the City Information Center, Office of the City Clerk, Norman F. Feldheym Central Library, Community Development Department, Economic and Housing Development Department and on the City’s website. A period of not less than thirty (30) days will be provided to receive comments from citizens on the draft Consolidated Plan and AFH, as well as any substantial DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 285 5 MCC Approved 12/06/2017 amendments to the Plan. A summary of comments regarding the proposed Consolidated Plan or AFH will be attached to the final Consolidated Plan or AFH. Scope of Public Participation in CDBG, ESG and HOME Programs The City will provide for continuity of citizen participation throughout all stages of the application and administrative tasks of the CDBG, ESG, and HOME Programs. Citizen involvement will be encouraged through the reasonable and timely access to local meetings, information and records relating to the following areas: The Assessment of Fair Housing Plan: The combined Housing Element/Consolidated Plan and needs analyses; The annual One Year Action Plan; The Consolidated Annual Performance Evaluation Report (CAPER), including the CDBG Grantee Performance Report and the HOME Annual Performance Report; Subsequent amendments and other changes initiated by the HUD or other federal agency. Outreach The City will endeavor to achieve its level of public participation by organizations and the community through actively soliciting participation by these groups. When preparing the Consolidated Plan and AFH, the City shall consult with other public and private agencies and jurisdictions that provide assisted housing, health services and social services during the preparation of the plans. One or more display ads/press releases/public notices designed to encourage citizens to participate and provide input into the development of the Consolidated Plan and AFH will be published in one (1) or more newspapers of general circulation. Annual technical assistance workshops will be held in order to assist with the development of proposals for grant funding. Letters of invitation to attend the public hearing will be sent to community service organizations, business organizations, Chamber of Commerce, religious organizations and any other applicable groups and affected parties showing an interest in the Consolidated Plan and AFH. Complaints The City will make every reasonable effort to provide written responses to complaints within fifteen (15) working days. A copy of each written citizen comment or complaint regarding the Consolidated Plan and AFH along with the City’s assessment of the comment or complaint and a description of any action taken or written response made will be kept on file as a matter of public record. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 286 6 MCC Approved 12/06/2017 Public Meetings and Public Hearings The City will conduct public meetings and public hearings during various phases of the Consolidated Plan/Action Plan and AFH processes. All public meetings and public hearings shall be open to the public. Meetings will be held at times and at locations in the City that are convenient and acceptable to potential and actual beneficiaries. Special accommodations shall be made for persons with disabilities upon advance notice and as necessary. In cases where a significant number of non-English speaking residents are reasonably expected to participate, an interpreter will be provided by the City upon advance notice and as necessary. The City Council shall conduct a minimum of two (2) public hearings during the fiscal program year for the Consolidated Plan/Action Plan (24 CFR 91.105 Public Hearings) to obtain resident’s views and responds to proposals and questions. These meetings must be conducted at a minimum of two different stages of the program year. Together the hearings must address housing and community development needs, development of proposed activities, proposed strategies and actions for Assessment of Fair Housing consistent with the AFH and a review of program performance. The City Council shall conduct a minimum of one (1) public hearing during the development of the AFH for the purpose of receiving community input regarding the proposed AFH. Prior to the public hearing, outreach meetings will be held with public agencies, stakeholders and the community to receive input regarding local and regional fair housing issues, their contributing factors and to develop goals to address these issues. The City Council shall conduct a public hearing for each substantial amendment to the Consolidated Plan or revision of the AFH. Prior to each public hearing, a legal notice shall be published in one (1) or more newspapers of general circulation within a reasonable time frame. The legal notice shall contain the following information: Date of hearing Time of hearing Place of hearing Topic to be considered Basic information about the program DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 287 7 MCC Approved 12/06/2017 Citizen Comments on the Development of the Citizen Participation plan and Amendments San Bernardino residents will be provided an opportunity to review and comment on draft versions of the Citizen Participation Plan and any subsequent amendments to the Citizen Participation Plan. The review/comment period shall be for no less than 30 days prior to the submission of the document to HUD. The Citizen Participation Plan and amendments (if applicable) will be available to the public for review at the following locations:  City Information Center  Office of the Clerk  Norman F. Feldheym Central Library  Community Development Department  Economic and Housing Development Department These locations are accessible to persons with physical disabilities; however, if a disability would further limit a person’s ability to review the plan at one of the listed locations, upon request, the City will attempt to make a reasonable accommodation and make the plan (or amendment) available in an appropriate format. Criteria for Substantial Amendments to the Consolidated Plan and AFH The City will substantially amend its approved Plan or AFH whenever it makes any of the following decisions: To make a change in its priorities or a change in the method of distribution of funds To revise an accepted AFH: due to a change in circumstances that affects the AFH to the extent that it no longer reflects actual circumstances; due to written notification by HUD specifying a material change that requires the revision (24 CFR 5.164). To carry out a new activity, using funds from any program covered by the Consolidated Plan (including program income), not previously described in the Action Plan. To substantially change the purpose, scope, location, or beneficiaries of an activity (Any activity whose funding allocation is increased by more than 30% will constitute a substantial amendment. Minor changes in scope and location which do not alter the intent of the previously approved project will not require a substantial amendment. For example, transfer of funds within a line item budget for a single activity may be DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 288 8 MCC Approved 12/06/2017 administratively approved by the City Manager, Director of Economic and Housing Development, or designee, as long as the purpose and intent of the project is being met. For example, a capital improvement project, such as a street improvement project in a low-income eligible target area, may potentially broaden its scope by adding or extending additional street improvements within the same general location due to unforeseen circumstances.) Any substantial changes to the Consolidated Plan or AFH are subject to the citizen participation process as described in the Citizen Participation Plan. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 289 Attachment B Allocation Process Flowchart DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 290 Submission for HUD Approval Allocation Process Flowchart Annual Action Plan Process Commences (HD Staff) CDBG Ad Hoc Committee Meeting: Presentation of draft funding recommendations (HD Staff) Internal Administrative Review (HD Staff) 30-Day Public Comment Period City Council Public Hearing: Annual Action Plan Recommendations City Council Meeting: Action Plan Approval Capital Improvement Projects City Departments Submit Capital Improvement Project Requests to HD Staff Analysis of Capital Improvement Projects (HD Staff) Public Service Activities Notice of Funds Availability Issued (HD Staff) Applicant Eligibility Review (HD Staff) DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 291 Attachment C City of San Bernardino City Council Wards Map DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 292 ®q £¤210 §¨¦215 §¨¦215 §¨¦10 §¨¦10 §¨¦15 £¤138 £¤18 £¤18 £¤18£¤189 £¤173 £¤66 £¤210 £¤259 £¤330 RIALTO A VESIERRA WAYFOOTHILL DR CITRUS AVE FA IRWAY DR COULSTON STSTERLING AVELA CADENA DR9TH STPINE AVECAJON BLVD CALIFORNIA ST5 T H STPALM AVEVICTORIA AVELUGONIA AVE 40TH ST KENDALL DR I ST5T H ST S A N TI M OTEO CANYON RD BARTON RD 3RD ST ORANGE SHOW RD 4TH ST E STLAK E DRRIVERSIDE AVE PEPPER AVEHUNTS LNTENNESSEE STE STALABAMA STTIPPECANOE AVEARDEN AVEBOU L D E R A V EAYALA DRRECHE CA N Y ON RDNORTHPARK B LVD LAK E G R EGOR Y DRD STRANCHO AVEB A R T O N RD9TH ST VALLEY BLVD RIALTO AVE 6TH ST KENDALL DR 48TH ST BASELINE ST SLOVER AVE BASELINE RD LENA RDJURUPA AVE ORANGE STPACIFIC ST AGUA M A NS A R D MILL STI STSAN BERNARDINO AVEWATERMAN AVEBASELINE ST FOOTHILL BLVD RIVERSIDE AVEREDLANDS BLVDCEDAR AVE5TH STG STHIGHLAND AVEH STMERRILL AVE 3 0 TH ST 2ND ST 39TH ORANGESEPULVEDA28THARROWHEAD34THMTN VIEWH16THACACIA MOUNTAINIRVINGTON 16 T H 3 RD 36THMAGNOLIA 6THMACYBELMONTHARRISONOHIO MARSHALL 13TH GILBERT MERIDIANECENTRALCALIFORNIA10TH 21ST 3R D MTN VIEWLKIWIEROGDEN DARBYVERMONTMEYERS D4THHDEVIL C A N Y O N L EVEE GOLDENMERIDIANDUFFYDATE EUCALYPTUS5 7 26 3 1 4 C i t y o f S a n B e r n a r d i n oCity o f S a n B e r n a r d i n oCouncil W a r d sCouncil W a r d s É Legend ®q Airport sss Golf Course Hospitals Police Stations Fire Stations Wards 1st Ward 2nd Ward 3rd Ward 4th Ward 5th Ward 6th Ward 7th Ward Ë DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 293 Attachment D Public Service Activity Application DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 294 Page 1 of 11 City of San Bernardino 2019-2020 CDBG Application Public Service Activity Part 1: Agency Information Name of Agency: Agency Address: Name of Activity: Activity Address (if different from Agency Address): Agency Address Existing Activity that will provide enhanced and/or expanded services. Prior Years City of San Bernardino CDBG Funding: 2015- 2016 2016- 2017 2017- 2018 CDBG Funds Awarded Amount Spent: Agency Type (Check One) Public/Quasi-Public For-Profit Non-Profit (If a Non-Profit, attach verification of 501 (c)3 status) Employer Federal ID#: DUNS Number: Contact person for contract award (name, title, phone and email address): Name: Title: Phone: Email: Contact person for application (name, title, phone and email address): Name: Title: Phone: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 295 Page 2 of 11 Email: Two officials authorized to sign contracts and expend funds for the organization (name and title): Name: Title: Name: Title: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 296 Page 3 of 11 The undersigned acknowledges the following: 1. By submission of this application, the organization agrees that the application will become a public document. 2. To the best of his/her knowledge and belief, all information provided is true and correct and all estimates for funding and/or accomplishments are reasonable. 3. No revised proposals/applications may be made in connection with this application once the deadline for applications has passed. 4. The City of San Bernardino may request or require changes in the information submitted which it deems reasonable for any and all information provided. 5. If the activity is recommended and approved by the Mayor and City Council, the C ity reserves the right to fund less than the full amount requested. The City also reserves the right to reduce and/or cancel the allocation if federal entitlement funds are cancelled, reduced, or rescinded. 6. The City of San Bernardino reserves the right not to fund any submittals received. 7. By submission of this application, the organization agrees to abide by the federal regulations applicable to this program. 8. The past program and financial performance will be considered in reviewing this application. 9. Services funded with City of San Bernardino CDBG funds are only to be provided to eligible San Bernardino Residents at no cost during the grant period. 10. If this activity is funded, the City or a designated agency by the City will conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for program expenditures. 11. If the program is funded, the City will perform an environmental review prior to the obligation of funds. 12. If the program is funded, a written agreement will be required that includes, among other matters, a statement of work, records retention, reporting, accomplishments, and all local and federal requirements. 13. Program funding does not guarantee its continuation in subsequent program years. 14. Proof of insurance (general comprehensive public liability insurance with a company licensed to do business in California, and in the aggregate naming the City, its employees and agents as additional insured) must be submitted to the City prior to receiving funds. 15. Written signature authority from the organization's governing body indicating who can execute contracts and amendments on its behalf will be submitted to the City prior to receiving funds. 16. The organization agrees to abide by the City of San Bernardino Conflict of Interest Policy. Areas of concern would include Board of Directors or staff member's families having a monetary interest in any contract, and other matters that may give the appearance of a conflict of interest. By signing below, the applicant acknowledges the above. Name: Title: Signature: Date: PART 2: Statement of Applicant DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 297 Page 4 of 11 This page left blank intentionally. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 298 Page 5 of 11 Please describe the activity and how CDBG funds will be used. If the program is a continuation of a currently funded CDBG activity, please explain how the services will be expanded or modified. (Be concise in stating the nature and eligibility of the project, reasonable start and end dates, program costs, positions and operating expenses to be funded. Please do not exceed space provide for all narrative responses). [24 CFR 570.200(a), 570.201 - 570.208, 570.503] Part 3. Program Description DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 299 Page 6 of 11 Please describe the target population and number of unduplicated San Bernardino residents to be served from the approval of this activity through June 30, 2018. Describe how the expected number of clients was determined. Explain why this program is needed for this target population. [24 CFR 570.200(a), 570.201 - 570.208, 570.503] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 300 Page 7 of 11 Describe the activity marketing/outreach and service delivery method. (Please describe how you will reach your target population and how your activity will be carried out, what service(s) will be provided and who will deliver those services.) [24 CFR 570.200(a), 570.201 - 570.208, 570.503] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 301 Page 8 of 11 State the program outcomes and objectives. Indicate how the outcomes and objectives will be measured. (Outcomes and objectives must be results-oriented, specific, and measurable. For example, if the program is a workshop, list the number of workshops, how many participants are expected to attend, and how the benefit(s) to the participants will be demonstrated.) [24 CFR 570.200(a), 570.201 - 570.208, 570.503] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 302 Page 9 of 11 Part 4: Operating Budget (Provide a summary of operating expenses for the Agency as a whole and for the proposed activity seeking CDBG funding. The activity budget must reflect only those costs serving CDBG -eligible San Bernardino residents. Please round up to the nearest dollar.) [24 CFR 570.502 - 570.504, 570.506, 570.507, 5760.610; CFR Parts 84 or 85, and OMB Circular A-87, A-122 Treasury Circular 107.5] Total Agency Budget* Proposed CDBG Budget City of San Bernardino CDBG Funds Requested Leveraged Funds** Total CDBG Program Budget Personnel Services Salaries Benefits Other Personal Services Subtotal Supplies Office Supplies Postage Other Supplies Subtotal Direct Client Services (DCS) a. b. c. Direct Client Services Operating Expenses (OE) Telephone Utilities Rent (Facility) Liability Insurance Printing Training Travel Audit Other Operating Expenses Subtotal Other Operating Expenses (OOE) a. b. c. Other Operating Expenses Total Operating Budget * Attach a copy of the Agency's most recent audited financial statement, or, if your organization is not required to perform audits, copies of your most recent balance sheet and income statement. ** Leveraged funds are not required for CDBG funded activities, but will enhance your proposal. Leveraged funds are the other non-CDBG funds that will be used in conjunction with the CDBG request to complete the activity. Leveraged funds can be a combination of cash, gifts, in -kind donations, or volunteer labor. These funds must be firmly assigned to the activity and immediately available. If leveraged funds will be used, please describe the source and amount of funds and how they will be used. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 303 Page 10 of 11 Part 5. Agency Experience a. List and briefly describe similar activities your Agency has previously undertaken. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] b. Discuss the outcomes of the activities mentioned above in measurable terms. [24 CFR 570.200(a), 570.201 - 570.208, 570.503] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 304 Page 11 of 11 c. Explain how the Agency will verify that clients are eligible for CDBG assistance. [24 CFR 570.200(a), 570.201 - 570.208, 570.503] d. Describe the Agency's experience in working with CDBG and other federal funds in communities other than the City of San Bernardino. Include outcomes. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 305 Page 10 of 11 e. Describe the Agency's experience in working with the City of San Bernardino CDBG and other funds. Please include outcomes. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] f. List the Agency's personnel, consultants, and/or volunteers who will be carrying out the program and their qualifications. [24 CFR 570.506 - 570.507, 570.601, 507.602, 570.607(b), 570.610 - 570.611; 24 CFR Parts 84 or 85] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 306 g. Describe the Agency. For each person listed in the previous question, please provide their salary, cost of benefits and the percentage of their time that will be charged to the program. For each position to be funded under this application, please attach a current job description. [24 CFR 570.506, 570.507, 570.610; 24 CFR Parts 84 or 85] Please attach a letter from your Executive Director or Board President describing the need for your program and how the program will meet that need. Page 11 of 11 h. Identify and describe any audit findings, liens, investigations, or probation by any oversight agency in the past five (5) years. If none, please state none. [OMB Circular A -133] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 307 Attachment E Construction Project Application DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 308 1 CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT BLOCK GRANT FY 2019-2020 CONSTRUCTION PROJECT APPLICATION Organization Name Organizations DUNS and Tax ID Number Organization Address (including Zip Code) Project Name: Contact Information of person apply for funding (please include phone number and email address): Project Address and Ward: List Project Area and Applicable Census Tract(s): Type of Activity  New construction  Additional funding to an existing CDBG Project  Demolition with new construction to follow The project meets the following a National Objective and Consolidated Plan goals: CONSOLIDATED PLAN GOALS  Preserve and Rehabilitate Housing  Improve Neighborhood Conditions  Expand Homeownership Opportunities  Provide Assistance to Renter Households  Provide Support Services  New Affordable Housing Construction  Promote Economic Development  Improve Facilities and Infrastructure  Fair Housing NATIONAL OBJECTIVES  Low/Moderate Income Limited Clientele (LMI)  Low/Moderate Area Benefit (LMA)  Low/Moderate Income Housing  Low/Moderate Income Jobs  Slums or Blight on an Area Basis  Slums or Blight on a Spot Basis  Slums or Blight in an Urban Renewal Area  Urgent Need Construction Timeline: 1. Design and Planning Phase: 2. Bid Document Preparation Phase: 3. Bid Document Release Date: 4. Pre-Bid Meeting: 5. Bid Due Date: 6. City Council Approval of Selected Contractor: 7. Pre-Construction Meeting 8. Notice To Proceed Issuance Date: 9. Notice of Completion Issuance Date: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 309 2 Project Budget: SB City Other Funding Sources Architectural and Engineering Services Site Acquisition Permits/Local Review Application: Construction Other: Total: Overall Total Project Costs Name the other funding sources, the amount and the date of the award of each funding source used to support this project. If the funding source has not yet been awarded to the project , please state the status of the application for funding. Are there any potential environmental issues located within the project site?  Yes No Explanation: Describe geographic boundaries of the neighborhood or community to be served by this project. (Attach a map) Legal Property Owner: Zoning: APN: Square Footage: Age of Structure(s): Is the structure registered as a historic landmark under federal, state, local or law? Property Description: List and briefly describe similar projects your organization has previously undertaken. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 310 3 Discuss the outcome of the project mentioned above in measureable terms. List the personnel, consultants, and/ or volunteers who will be carrying out the project and their qualifications. Describe your agency’s experience in administering government and/or public funds. Identify and describe any audit findings, liens, investigations, or probation by any oversight agency, in the past five years. If none, please state none. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 311 4 The undersigned acknowledges the following: 1. By submission of this application, the organization agrees that the application will become a public document. 2. To the best of his/her knowledge and belief, all information provided is true and correct and all estimates for funding and/or accomplishments are reasonable. 3. No revised proposals/applications may be made in connection with this application once the deadline for applications has passed. 4. The City of San Bernardino may request or require changes in the information submitted which it deems reasonable for any and all information provided. 5. If the activity is recommended and approved by the Mayor and City Council, the City reserves the right to fund less than the full amount requested. The City also reserves the right to reduce and/or cancel the allocation if federal entitlement funds are cancelled, reduced, or rescinded. 6. The City of San Bernardino reserves the right not to fund any submittals received. 7. By submission of this application, the organization agre es to abide by the federal regulations applicable to this program. 8. The past program and financial performance will be considered in reviewing this application. 9. Services funded with City of San Bernardino CDBG funds are only to be provided to eligible San Bernardino Residents at no cost during the grant period. 10. If this activity is funded, the City or a designated agency by the City will conduct an accounting system inspection to review internal controls, including procurement and uniform administrative procedures, prior to issuance of payments for program expenditures. 11. If the program is funded, the City will perform an environmental review prior to the obligation of funds. 12. If the program is funded, a written agreement will be required that includes, among other matters, a statement of work, records retention, reporting, accomplishments, and all local and federal requirements. 13. Program funding does not guarantee its continuation in subsequent program years. 14. Proof of insurance (general comprehensive public liability insurance with a company licensed to do business in California, and in the aggregate naming the City, its employees and agents as additional insured) must be submitted to the City prior to receiving funds. 15. Written signature authority from the organization's governing body indicating who can execute contracts and amendments on its behalf will be submitted to the City prior to receiving funds. 16. The organization agrees to abide by the City of San Bernardino Conflict of Interest Policy. Areas of concern would include Board of Directors or staff member's families having a monetary interest in any contract, and other matters that may give the appearance of a conflict of interest. By signing below, the applicant acknowledges the above. Department Director’s Signature PRINT: SIGN: DATE: _____________________________ DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 312 Attachment F CDBG Project Proposal Evaluation Form DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 313 Project Proposal Evaluation FY18-19 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ [ ] ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] City of San Bernardino Economic and Housing Development Department 2018-19 Project Proposal Evaluation HDS PROJECT INFORMATION Project Number: (If continuing project enter project number; if new project enter “new”) Project Name: (If continuing project enter Project Name; if new project create and enter a new Project Name.) Process Type: (check one) Public Service Construction Accomplishment Number: (Enter proposed number and check applicable selection) Description: (Using 25 words or less, provide a concise description of the proposed project.) Senior Programs Youth Programs Public Facilities Infrastructure Public Services Econ Dev. Planning/Admin Homeless/HIV/Aids Rental Housing Non-Homeless Spec Needs Owner/Occupied Hsg Other Contract Begin Date: Contract End Date: HDS ACTIVITY INFORMATION Ward Number: (check one) 1 2 3 4 [ ]5 6 7 Citywide Eligibility Code: 24 CFR 570. Ineligible Code: 24 CFR 570.207 HUD Matrix Code: National Objective: (check one) LMA LMC LMH LMJ SB Area SB Spot SB Urban Renewal [ Urgent Need Estimated Amount: $ Activity Description: (IDIS description: What service is being provided and by whom. What will the end benefit be (measurable outcome), in 50 words or less. Environmental Assessment Status: (check one) Exempt Categorically Excluded Complete Underway Proposed Accomplishment: (check one) People Facilities Housing Units Jobs Households Businesses Organizations Performance Objective: create economic opportunities create suitable living provide decent affordable housing Performance Outcome: affordability sustainability availability/accessibility DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 314 Project Proposal Evaluation FY18-19 ] [ ] ] [ ] [ ] [ ] ] [ ] [ [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ [ ] [ ] [ ] [ ] [ ] [ ] City of San Bernardino Economic and Housing Development Department 2018-19 Project Proposal Evaluation CENSUS TRACT INFORMATION: Census Tract # Block Group # Low/Mod Persons All Persons Low/Mod % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % NaN % TOTALS: 0 0 NaN % (If more space is needed for CT/BG information, create Excel spreadsheet with all inform ation to include with completed evaluation.) DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 315 Project Proposal Evaluation FY18-19 ___ ___ Evaluation Comments: City of San Bernardino Economic and Housing Development Department 2018-19 Project Proposal Evaluation Project Eligibility Committee Determination: Project (is _) (is not _) eligible for funding consideration by Mayor and City Council. Primary Benefit Eligibility: 24 CFR 570._ Principal Evaluator: Date: Final Reviewer: Date: HDS Inputted by: Date: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 316 Attachment G Activity Eligibility and National Objective Form DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 317 City of San Bernardino ACTIVITY ELIGIBILITY & NATIONAL OBJECTIVE FORM Activity Name: IDIS Activity Number: Applicant (if applicable): Location of Activity: (Please include the specific census tracts impacted by the project and a map) Activity Description: Eligibility Citation: National Objective: Consolidated Plan Priority Objective: Date of Memorandum of Understanding: (if applicable) Sub-recipient Reporting Requirements: Environmental Determination: Program Year: Matrix Code: Performance Indicators: ___ Households _X__ People ___ Public Facilities ___ Feet of Public Utilities ___ Jobs Other Category: _______________________________________________ Proposed Outcome: No. of Units: Project Status: ____ Budgeted ____ Underway ____ Completed ____ Cancelled DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 318 Attachment H CDBG Subrecipient Monitoring Checklist DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 319 Community & Economic Development Department Community Development Block Grant Monitoring Checklist Administration Files File Cabinet  Suitably located and labeled Necessary Records Properly Filed and Labeled, including but not limited to –  Notices and Advertisements  Council Actions (Resolution and Minutes)  Citizen Comments  Correspondence  Fiscal Tracking/Accounting Records  All project allocations, expenditures, balances and t ables  Reimbursement request files, inlcuding back – up documentation on expenditures  Accounts for CDBG funded activities separate from all other City fiscal accounting  Federal Regulaions and Circulars  Affirmative Action and Equal Employement Opportunity Records  Contract Bidding and Compliance Records 504 Certifications  Property Certification on File  Corrective Action Plan Audits  Most Recent City Audit Under Federal Single Audit Act  Sub Recipient has a central file containing audit copies and pertinent correspondence  All City audit findings regarding CDBG funds have been adequately addressed and resolved by the City DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 320 Attachment I CDBG Subrecipients Monitoring Plan DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 321 Community Development Block Grant (CDBG) Program Subrecipient Monitoring Plan Updated July 2019 DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 322 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | i TABLE OF CONTENTS Risk Management ........................................................................................................... 1 Risk Level Criteria ........................................................................................................... 2 Quarterly Desk Reviews .............................................................................................. 2 New Subrecipients or Organizational Changes ........................................................... 3 Grant Award ................................................................................................................ 3 Administrative History .................................................................................................. 3 Program Performance ................................................................................................. 4 Financial Capacity ....................................................................................................... 4 Levels of Monitoring ........................................................................................................ 5 Limited Review ............................................................................................................ 5 Basic On-Site Monitoring Review ................................................................................ 5 Program Review ....................................................................................................... 5 Financial Review ...................................................................................................... 6 Number of Case Files .............................................................................................. 6 Invoices .................................................................................................................... 6 In-Depth Review .......................................................................................................... 6 Administrative Process for Monitoring ............................................................................. 8 Findings, Concerns & Noncompliance ......................................................................... 8 Findings ................................................................................................................... 8 Concerns .................................................................................................................. 9 Actions for Non-Compliance .................................................................................... 9 Definitions ..................................................................................................................... 10 Attachment A CDBG Subrecipient Monitoring Checklist DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 323 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 1 RISK MANAGEMENT Monitoring will be conducted based on parameters set by the City of San Bernardino (City) to assess risk at various levels and under different circumstances. The subrecipients funded annually in any single eligible category are primarily Public Service and Fair Housing Activities funding as an administrative program. The following criteria are parameters for risk assessment for subrecipients: 1. No less than 10% of the total number of activities funded in a given program year will be selected for monitoring via site visits and program file review. 2. One review to assess the extent to which the City affirmatively furthers fair housing shall be made no less than once every three years. As necessary for other programs: 1. At least one site visit will be made to a community development non‐housing activity funded in the prior three years. If the project was subject to Davis Bacon, the review will include internal certified payroll review. 2. At least one site visit will be made annually to HUD funded affordable housing acquisition, rehabilitation, or new construction project. Internal site review will include National Environmental Protection Act (NEPA) and Uniform Relocation Act (URA) applicability. For HOME funded activities, internal file review will include financial review including source of matching funds. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 324 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 2 RISK LEVEL CRITERIA The City will use the criteria listed below to determine potential areas and levels of risk. If a subrecipient is determined to have high risk levels in one area or indicate higher levels of risk across multiple areas, they may be monitored annually. While certain activities or programs may be more subject to monitoring than others, standard criteria will cause every organization to be monitored at some point in a three year cycle. Standard criteria for determining risk: Quarterly Desk Reviews City staff conducts quarterly desk reviews of each agency’s progress in meeting performance and expenditure goals. This review will help inform areas of risk for further review and will generally include both programmatic and financial reviews which include, but are not limited to:  The cumulative beneficiary accomplishments compared to annual program goals,  Proportional distribution of services across racial and ethnic populations evidencing adequate outreach,  Review of distribution of beneficiaries across income groups (extremely‐low, very‐ low, and low‐ income),  The extent to which services are provided to female‐headed households and persons with disabilities, and  Any information provided through narratives or other methods that may inform the grantee of subrecipient activities, challenges, successes or other pertinent information. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 325 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 3 The financial review includes:  Cumulative expenditure rate to budget,  Eligibility of line item expenditures to budget, and  Adequacy and clarity of supporting documentation for line item expenditures. When requested, City staff will review Audits and Annual Financial Statements for any findings and Auditor notes and review agency’s progress quarterly in addressing the Auditor’s management letter. The Audit review should question whether or not there were any findings relevant to the HUD funded activity since, in some cases, the HUD funds may not be reviewed by an Auditor, yet there may be universal issues/findings that would impact the administration of the HUD funded activity. Staff involved in the financial review of subrecipient activity should be familiar with both HUD’s CDBG Crosscutting Issues: Financial Management and Procurement and Cost Principles for Non‐Profit Organizations found at 2 CFR Part 230. http://www.whitehouse.gov/omb/assets/omb/fedreg/2005/083105_a122.pdf New Subrecipients or Organizational Changes First time subrecipients or subrecipients experiencing organizational change will be selected when staff turnover results in a new Program Manager, Financial Officer or Executive Director. Organizational change may also include merging with another non‐ profit. Grant Award Subrecipients receiving awards of $25,000 or more in HUD funding will be selected for annual on-site monitoring. Administrative History The extent to which a subrecipient has correctly submitted quarterly benefit reports and maintained timely billings free of errors and supporting documentation specific to HUD funded expenditures. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 326 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 4 Program Performance The extent to which program performance goals were met and the beneficiaries represented the demographics of the participating jurisdiction(s). Financial Capacity The extent to which invoices are received promptly on a quarterly basis, are submitted in the correct format, and are submitted with adequate supporting documentation of the expenditures for which reimbursement is being requested. Consecutive re‐submittals over 2 or more quarters would be grounds for monitoring or seeking further information and/or providing technical assistance. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 327 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 5 LEVELS OF MONITORING Monitoring will normally be conducted at one or more of three levels, depending upon the risk involved. Limited Review A limited review is conducted of all subrecipients on a quarterly basis, previously described as a Quarterly Desk Review. The timing of this monitoring coincides with an organization’s submittal of a Quarterly Progress Report. At least one quarter review will focus on the year‐end financial statement or audit, and where applicable, the Single Audit. If the Single Audit contains audit findings or contain a management letter, the subrecipient will be selected for an In Depth Review. The goal of a Limited Review is to provide clarification to a specific unknown that cannot be determined from the subrecipient reports, and to identify areas of technical assistance needed by each subrecipient. Basic On-Site Monitoring Review A basic on‐site monitoring review will typically be a site visit to a subrecipient program assisted with HUD funding and will achieve a balance between programmatic and fiscal reviews, and much documentation review can be done prior to the on‐site visit. The basic on‐site monitoring includes a tour of the program facilities as appropriate, an explanation of the services provided, discussions with program and administrative staff, and introduction to one or more actual beneficiaries, if possible. As a result of this visit, staff may determine that an in‐depth review is needed for further clarification of one or more issues that arose during the on‐site visit. Program Review Program review will focus on the specific subrecipient program activities. Program staff may be asked to define the strategic plans for the related programs and, as applicable, how those plans are used to help clients in those programs. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 328 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 6 Financial Review Financial review will make the connections between the program budget, expenditures and actual beneficiaries assisted, including evidence of case managers time in client files, reviewing payroll documents for the period clients are reported, determining eligibility of clients based on income documentation in client files, the general relationship between the contents of client files (excluding Attorney Client or HIPAA confidential data) and benefit data reported by the subrecipient on the same clients. Number of Case Files The number of case files to be reviewed will reflect approximately 10% of the total clients served in the program, or more if there appear to be any systemic issues to address. Invoices Invoices may be randomly selected for review and traced back from reimbursement to the original organization’s advance expenditure and client assisted (if appropriate). For example, exact dollars billed for housing accessibility modifications can be traced directly to one client. Conversely, a different review model is required when dollars billed provided case management for multiple homeless individuals. It is expected that staff will review original invoices, cancelled checks, and other such documentation evidencing the expenditure, the relationship to the HUD program objective, the appropriate proportion of HUD expenditure in comparison to other funding, and accounting receipt of the federal grant funds. In-Depth Review An in‐depth review is a concentrated and focused review around a particular activity or program area. This would typically be a concentrated review of a known high‐risk area or critical function, such as but not limited to:  Financial review for expenditures for ineligible activities,  Financial review for expenditures that cannot be traced through supporting documentation, DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 329 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 7  A program which requires donations as a condition of receiving service,  Management practices in affordable housing,  Section 504 compliance reviews upon receipt of a complaint from a person with disabilities,  A fair housing complaint from a home seeker treated differently while trying to obtain housing from the subrecipient,  Denial of services for no valid reason, or  Failure to meet prevailing wage requirements in construction activities subject to Davis Bacon, etc. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 330 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 8 ADMINISTRATIVE PROCESS FOR MONITORING Monitoring will be conducted in two phases. File review will generally confirm compliance with reporting requirements, financial submittals, and contract provisions and much of it will be completed prior to the on‐ site visit. On‐site reviews will focus more on the beneficiary documentation and services provided, including quantitative performance outcomes to local and federal objectives, and financial processes and documentation only available at the program site. The City conducts HOME program subrecipient monitoring every year through tenant roll and other documentation with on‐site visits every other year during the period of affordability, or as established in agreements, to ensure compliance with HOME program (including financial, physical, and management activities). Staff will use the risk analysis criteria identified in this plan to determine the annual list of subrecipients to be monitored. Upon the arrangement of mutual date and time with the subrecipient, staff will send letters at least two weeks in advance of the date the monitoring is to be held. These monitoring policies and checklist will be provided to the subrecipient and the letter may emphasize any specific areas of compliance to be reviewed and how files will be selected for review, as applicable. At the conclusion of the monitoring visit, staff will send each subrecipient written documentation of the site visit, summarizing what was reviewed, and indicating any findings of regulatory non‐compliance or concerns of program weaknesses. Additionally, staff will provide technical assistance to correct any deficiencies noted, and will acknowledge the performance level of the program, and whether they will either meet or fall short of contract goals Findings, Concerns & Noncompliance Findings Where an identified deficiency results in a finding of non‐compliance with HUD rules, the finding must include the condition, criteria, cause, effect, and required corrective action. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 331 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 9  The condition describes what was wrong or what the problem was.  The criteria cite the regulatory or statutory requirements that were not met.  The cause explains why the condition occurred.  The effect describes what happened because of the condition.  The corrective action identifies the action(s) needed to resolve the problem and, unless inapplicable or there are extenuating circumstances, should include the time frame by which the subrecipient is to respond to the finding. The monitoring letter should also provide timelines for response and corrections, as well as actions the City may take if the subrecipient fails to make corrections in a timely manner Concerns Monitoring concerns brought to the subrecipient’s attention should include the condition, cause, and effect as described above. The reviewer should suggest or recommend actions that the subrecipient may take to address a concern, based on sound management principles or other guidelines. However, corrective actions are not required for concerns, only findings Actions for Non-Compliance Subrecipients who are found to be in non‐compliance and receive a finding as a result of their monitoring will be provided with technical assistance towards resolution, and actions taken by the City to achieve compliance may include, but not be limited to, withholding further disbursements of HUD funds until satisfactory compliance with applicable regulations are achieved. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 332 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 10 DEFINITIONS Beneficiary The person(s), entity(ties), or organization(s) benefiting from the activity, projector program, e.g., a homeless individual, a low income family. Concern A deficiency in program performance not based on a statutory, regulatory or other program requirement. Sanctions or corrective actions are not authorized for concerns. However, the City should bring the concern to the subrecipient’s attention and, if appropriate, may recommend (but cannot require) actions to address concerns and/or provide technical assistance. Davis Bacon Reference to the Davis Bacon Act, which requires the payment of prevailing wages on certain construction projects funded by HUD funds, in which case monitoring would involve confirming evidence in bidding and payment practices. Finding A deficiency in program performance based on a statutory, regulatory or subrecipient for which sanctions or other corrective actions are authorized. Grantee The public jurisdiction that is in direct recipient of the HUD funding. In-Depth Monitoring A detailed compliance review for a selected subrecipient. An in=depth review can include one or more areas of concentrated review, including: specific activities, projects or programs, financial documentation, management, a review of known high-risk areas or other critical functions. This would also include randomly selected activity/project/program sample, sufficiently large to draw a valid conclusion. Limited Monitoring A program compliance review reduced from In-Depth Monitoring in scope and size for the selected subrecipient that may include review of a smaller, selected activity/project/program sample. Monitoring Conclusion The determination reached regarding a Subrecipient’s performance based upon the monitoring results. Conclusions may be positive or negative. N/A Not applicable. NEPA National Environmental Policy Act guides the environmental review of activities funded with CDBG funds. On-Site Monitoring Monitoring that is conducted at the subrecipient’s geographic location. Participating Jurisdiction The governmental entity that is providing funding, which is the City of San Bernardino. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 333 CDBG Subrecipient Monitoring Plan Updated July 2019 City of San Bernardino Page | 11 Program Income Includes but is not limited to proceeds from sale, lease, rental proceeds of property acquired or improvement with CDBG funds; principal and interest payments on loans made from CDBG funds; proceeds from sale of CDBG loans or other obligations; interest earned on funds in a revolving loan fund account or on program income pending reuse. Further definitions found in 570.4989(e)(1). Quarterly Desk Review Monitoring that is conducted off-site, typically at the City office, based upon analysis of information from the subrecipient, including interviews. Information forming the basis for conclusions from this remote type of monitoring can incorporate review of performance reports and audited financial statements, information in electronic databases, and other documentation submitted by the subrecipient. Subrecipients The nonprofit organizations that receive CDBG funds to carryout services and programs benefiting low and moderate income persons. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 334 Attachment A CDBG Subrecipient Monitoring Checklist DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 335 Community & Economic Development Department Public Service Monitoring Checklist General Program Files Certification of CDBG funded new or expanded project form  Suitably located and labeled  Program needs assesment  Citizens comments (Complaints, Letters of Appreciation, etc. )  General Correspondence  Program Policies  Client fee schedules  Personnel Policies  Fringe benefits plan Insurance Certified insurance policies and certificates of insurance maintained throughout the term  Workers’ compensation  Comprehensive general and automobile liability  Errors and omissions liability  Professional liability Program Performance  Performance follows the schedule outlines in the agreement  Provides full scope of services defined in the agreement  Performance quality is consistent with the terms of the agreement  Verfied services are being provided per the terms of the agreement Contract Activity Files  Activity descriptions, including goals, objectives, units of service to be provided, client target groups, other funding sources, etc.  Notices and advertisements DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 336 Community & Economic Development Department Public Service Monitoring Checklist  Correspondence pertaining to the service/activity  Sub-contractors and procurement records  Activity progress documentation  Citizen participation records Direct Benefit Reports  Monthly activity accomplishment reports have been submitted to the City  Direct benefit activity forms submitted to the City (monthly, quarterly, or annually)  Adequate program progress indicated  Unites of service provided per the terms of the agreements Clientele Qualification  Clienteles income documentation meets the requirements of the agreement  Clientele direct benefit documentation (client count by ethni city and female headed households)  Kept current, without double counting clients  Current list of HUD Section 8 income limit Fiscal Management  Fiscal tracking system including reports on program allocations, obligations, expenditures, balances and totals  Program income  City has authorized all budget amendments  Fiscal documents, including time cards, payroll registers, invoices, receipts, cancelled checks Audits  Current federal single audit act has been received  All audit findings regarding CDBG funds have been adequately addresses and resolved DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 337 Community & Economic Development Department Public Service Monitoring Checklist Equipment Accurate/complete listing of CDBG funded equipment or vehicle on file, including: make, model, serial number, purchase price, and use location:  List of equipment purchased with CDBG funds  Listed equipment is used primarily for the CDBG project  Listed equipment is well maintained  City has authorized all non-expandable project purchases DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 338 EXHIBIT "F" FORMS [Behind this page.] DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 339 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 1 Homeless Certification Form Emergency Shelter and/or Rapid Re-Housing ESG Household Name: ____________________________________ Date: ____________________ This is certify the above individual or household is currently homeless based on the category checked and required documentation. THE GENERAL HOMELESS CERTIFICATION MUST BE COMPLETED FOR EACH HOUSEHOLD. Chronically Homeless Certification Chronically Homeless: (if chronically homeless, the General Homeless Certification must also be completed) □ Client not chronically Homeless. □ Individual or family: 1. Homeless and lives or resides in a place not meant for human habitation, a safe haven or in an emergency shelter; or 2. Has been homeless living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separa te occasions in the last three years; and 3. Has an adult head of Household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions. CATEGORY 1: Literally Homeless □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 340 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 2 CATEGORY 1: Literally Homeless (continued) 3. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness □ Individual or family who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost with 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources of support networks needed to obtain other permanent housing. Documentation must include ONE of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (Self-Certification Form); or □ A documented and verified oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use self-certification form) In addition to one of the above, documentation must include BOTH of the following: □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes □ Unaccompanied youth under 25 years of age, or families with children and yo uth, who do not otherwise qualify as homeless under this definition, but who: 1. Are defined as homeless under this listed federal statutes; 2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 341 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 3 CATEGORY 3: Homeless under Other Federal Statutes (continued) 3. Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; AND 4. Can be expected to continue in such status for an extended period of time due to special needs and barriers. Documentation must include ALL of the following: □ Certification by non-profit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; AND □ Certification of no public housing in the last 60 days; AND □ Certification by the individual or head of household, and any available supporting documentation, that he has moved 2 or more times in the past 60 days; AND □ Documentation of special needs or 2 or more barriers. CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence □ Any individual or family who: 1. Is fleeing, or is attempting to flee, domestic violence. 2. Has no other residence; AND 3. Lacks the resources or support network to obtain other permanent housing. Documentation required. For victims service providers: □ An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and the lack resources. Statement must be documented by a self-certification (Self-Certification Form) or a certification by the intake worker. For non-victim service providers (must document ALL of the following): □ An oral statement by the individual or head of household seeking assistance that they are fleei ng. This statement is documented by self-certification (Self-Certification Form) or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and □ Certification by the individual or head of household that no subsequent residence has been identified (Self-Declaration Form); and □ Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing (Se lf-Certification Form) Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: ______________ DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 342 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 4 At Risk of Homelessness Certification Form Homeless Prevention ESG Household Name: ____________________________________________ Date: ______________ This is to certify the above individual or household is currently at risk of homelessness based on the category checked and required documentation. Check only one Category and complete only that section CATEGORY 1: Literally Homeless (Eligible for Rapid Re-Housing Assistance Only) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) □ Individual or family, who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost within 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources or support networks needed to obtain other permanent housing. 4. Has an annual income below 30% of AMI. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 343 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 5 CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) {Continued} Documentation must include ALL of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (use Self-Certification form) or □ An oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use Self-Certification form) In addition to one of the above, documentation must include BOTH of the following: □ Has an annual income below 30% of AMI (must have documentation □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial reso urces and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers. Documentation must include all of the following: Certification by the nonprofit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; and Certification of no public housing in the last 60 days; and Certification by the individual or head of household, and any available supporting documentation, that (s)he has moved 2 or more times in the past 60 days; and Documentation of special needs or 2 or more barriers. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 344 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 6 CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and (iii) Lacks the resources or support networks to obtain other permanent housing Documentation required: For victim service providers: An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and they lack resources. Statement must be documented by a self-certification (Form No. 5) or a certification by the intake worker. For non-victim service provider (must document all of the following): Oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by a self-certification (Form No. 5) or by the caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and Certification by the individual or head of household that no subsequent residence has been identified (use Self-Certification form); and Self-certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing. AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only) CHECK ONLY ONE CATEGORY AND COMPLETE ONLY THAT SECTION CATEGORY 1: An individual or family: (must have income 30% below AMI, lack sufficient resources and meets one of the following risk factors □ Has an annual income below 30% of AMI (must have documentation of income eligibility); and □ Lacks sufficient resources or support networks immediately available to prevent homelessness (must complete Self-Certification Form or provide documentation when practical such as termination notice, Unemployment compensation statement, bank statement, healthcare/Utility bill showing arrears). AND meets ONE of the following risk factors with acceptable documentation: Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 345 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 7 CATEGORY 1: (continued) To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient’s or subreciepient’s intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient’s or subrecipient’s intake staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient’s or subr ecipient’s intake staff describing the efforts taken to obtain the required evidence. □ RISK 1: Persistent housing instability – has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria): □ Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate). □ RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria): □ Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appro priate); and □ Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). □ RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistan ce: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria): □ If tenant/homeowner: eviction notice, court order to leave within 21 days; or □ If living with another (doubled up): eviction letter from tenant/homeowner. □ Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria): □ Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 346 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 8 CATEGORY 1: (continued) □ Cost have not covered by charitable organization or government program: documentation – cancelled check. □ RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following). □ Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor’s Office, Intake Observation. □ RISK 6: Exiting publicly funded institution or system of care (must document the following): □ Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter □ RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example: being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include): □ Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing. CATEGORY 2: Unaccompanied Children and Youth □ A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal Statute (must document the following): □ Written Verification of Homeless Status must be provided by agency administering applicable Federal program. CATEGORY 3: Families with Children and Youth □ An unaccompanied youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) or that child or youth if living with him or her (must document the following): □ Must have documentation of homeless status, which may be a letter or referral provided by the agency administering the Federal Program AND must confirm family/guardian is residing with children/youth. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 347 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 9 ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form: _________________________________________________________________________________________ __________________________________________________________________________________________ If self-certification was used, describe efforts to obtain third party certification: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: _______________ DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 348 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 10 Verification Tracking of Income Head of Household: _______________________________________________ Date: _____________ □ Intake/Screening □ Three-month Certification Agencies must record all attempts to obtain required verification in the order specified: Step 1: Third Party Source: Were verification documents provided by the client? □ Yes - Complete Income Calculation Worksheet to determine eligibility □ No – Proceed to Third Party Written (Provide Explanation). Go to Step 2 If income could not be verified by Step 1 Step 2: Third-Party Written: Request verification of income from stated income source(s). Date of Written Request: ______________________ (Retain copy of Request in Client’s File) □ Documents received within 10 business days – Complete Income Calculation Worksheet. □ Documents not received within 10 business days – Proceed to Third-Party Oral. Go to Step 3, If Income could not be verified in Step 2. Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information. Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If sufficient income information is provided, complete Income Calculation Worksheet to determine Eligibility. Otherwise, proceed to Step 4, Self-Certification. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 349 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 11 Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and 3. □ I certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge. Source: _________________________________ Amount: _______________________ Frequency: _________ Source: _________________________________ Amount: _______________________ Frequency: _________ □ I certify, under penalty of perjury, that I do not have income from any source at this time. This is true and correct to best of my knowledge. Client Signature: _______________________________________________________ Date: _______________ DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 350 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 12 Self-Certification Form Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility. This section is to be completed by the applicant/participants Date: ________________________________ Name of Head of Household: ___________________________________________________________________ Unit Address: __________________________________________________________________________________________ Street Address Apt# City State Zip Code If no address, City of Homelessness: ______________________________________________________ Telephone Number: (_________)__________-__________________ Email Address: ___________________________________________________________ Self-Certification of: □ Lack of sufficient financial resources and/or support networks and subsequent residence has been identified; □ Fleeing Domestic Violence; □ Living on street or in shelter; □ Exiting from institution; □ Other Please Describe: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 351 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 13 Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form i s true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided. Signature: __________________________________________________________ Date: __________ Witness: ____________________________________________________________ Date: __________ Warning: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any department or Agency of the United States as to any matter within the jurisdiction. DocuSign Envelope ID: 7E02E024-B9BF-40D0-9C84-65A38CE78933       Packet Pg. 352 1 EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT THIS EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT (the "AGREEMENT") is made and entered into as of March 16, 2023, by and between the CITY OF SAN BERNARDINO, a California municipal corporation, ("CITY"), and Lutheran Social Services of Southern California (LSSSC), a private non-profit corporation licensed to do business in the State of California, 1354 N. G Street, San Bernardino CA 92405, ("SUBRECIPIENT"), DUNS Number 198953929. RECITALS: 1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371–11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance (“CFDA”) 14.231 and Federal Award Identification Number (FAIN) E-20-MC-06- 0539. For purposes of this Agreement, the ESG shall be deemed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time. 2. The CITY and SUBRECIPIENT (each, a "Party" and jointly, the "Parties") desires to enter into this AGREEMENT so that SUBRECIPIENT may receive a subgrant of the ESG funds in consideration of SUBRECIPIENT'S participation in the CITY'S ESG by the provision of the operation of an emergency solutions program ("program") for homeless individuals or families or individuals or families at-risk of homelessness in the City of San Bernardino in accordance with the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference. 3. The SUBRECIPIENT represents that it is qualified to participate in the ESG and has the requisite qualifications, expertise and experience in the provision of emergency solutions programs for homeless individuals or families or individuals or families at-risk of homelessness, and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at- risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re-housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. 5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $70,000.00 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under this AGREEMENT. 6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 353 2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and, together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 354 3 CONTACT INFORMATION City of San Bernardino: Subrecipient Organization: Cassandra Searcy Lutheran Social Services of Southern California (LSSSC) Awarding Official Title: Deputy Director of Housing and Homelessness LaSharnda Beckwith Address: 201 N. E Street Name of Primary Contact City: San Bernardino State: CA Zip: 92401 Title: President and CEO Telephone: 909-384-7270 Address: 1354 N. G Street City: San Bernardino State: CA Zip: 92405 Telephone: 909 381-6921 CFDA Number: 14.231 FAIN Number: E-20-MC-06-0539 Federal Award Date: May 13, 2022 (the date when the federal award is signed by the authorized official of the federal awarding agency.) 1. ESG Funds Obligated Program Year: 2022-2023 ESG Funds Amount: $70,000.00 Total Amount of ESG Funds Obligated: $70,000.00 I. SCOPE OF PROGRAM A. General Administration In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG. B. Levels of Accomplishment – Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate. C. Staffing; Relationship of Parties; No Third Party Rights DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 355 4 The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or joint venture between the Parties, it being understood and agreed that SUBRECIPIENT is and will be at all times an independent contractor pursuant to this AGREEMENT and shall not, in any way, be considered to be an officer, agent or employee of the CITY. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein. II. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2022, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this AGREEMENT. III. DISBURSEMENT AND FUNDS A. Maximum Amount of Disbursements; Method of Disbursement. CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $70,000 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than quarterly, commencing on or before the 15th day of October, January, April, and July, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in quarterly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT’S services under this AGREEMENT. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the prior written approval of the CITY’s Director of the Economic and Housing Department, so long as the total budget amount does not increase. B. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last quarter of the term of this AGREEMENT and the CITY'S approval thereof, which invoice and report shall be due on or before July 15 following the expiration of the term of this AGREEMENT. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 356 5 received and approved by the CITY. C. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said ESG program only. Said amounts shall include and will be limited to those activities described at 24 CFR §§ 576.101 – § 576.107, including without limitation, street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems (“HMIS”) data contribution as set forth in. Allowable program costs are detailed in the Budget, as set forth in Exhibit B. The SUBRECIPIENT'S failure to perform, as required, may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. D. Condition of Funding (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. In the event of funding reduction, the CITY may reduce the Budget for this AGREEMENT as a whole or may limit the rate by which SUBRECIPIENT receives the ESG funds for providing SUBRECIPIENT’S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT’S services. Any inspection or examination by the CITY is for the sole purpose of protecting and preserving the CITY’s rights under this AGREEMENT. No default of SUBRECIPIENT shall be waived by any inspection by the C ITY. In no event shall any inspection by the CITY be a representation that there has been or will be compliance with this AGREEMENT or that SUBRECIPIENT is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this AGREEMENT or the provision of SUBRECIPIENT’S services. (3) Where the CITY has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 357 6 CITY may suspend the operation of this AGREEMENT for up to sixty (60) days upon three (3) days' notice to SUBRECIPIENT of the CITY’S intention to so act, pending an audit or other resolution of such questions. E. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in the Budget (Exhibit B). F. Program Income (1) Definition. Program income means, as provided by 2 CFR § 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. G. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the “Account”) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally-accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated to the satisfaction of the CITY. H. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 358 7 with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. I. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at-risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ESG funds will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities," in accordance with its instructions (see Exhibit D). IV. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either CITY or SUBRECIPIENT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses: If to CITY: Community and Economic Development Department City of San Bernardino 290 N. D Street San Bernardino, CA 92401 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 359 8 With copies to: Princess Wilson, Management Analyst Community and Economic Development Department City of San Bernardino 290 N. D Street San Bernardino, California 92401 Telephone No. (909) 384-5214 If to SUBRECIPIENT: Jessica Esquivel, Program Coordinator Lutheran Social Service of Southern California 1354 N. G Street San Bernardino CA 92405 Telephone No. (909) 381-6921 V. GENERAL CONDITIONS A. Coordination with Continuum of Care The SUBRECIPIENT must work with the Continuum of Care (“CoC”) to ensure the screening, assessment, and referral of program participants are consistent with the CITY’s written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400. B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT shall conduct an initial evaluation to determine the eligibility of each individual or family for ESG assistance and the amount and types of assistance of the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under 24 CFR §576.400(d) and the written standards established under 24 CFR §576.401(b). Please see attached City of San Bernardino Emergency Solutions Grant Written Standards. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR § 576.402. D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR § 576.403. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 360 9 E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The SUBRECIPIENT and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of the CITY. CITY assumes no liability for SUBRECIPIENT's actions and performance; nor does the CITY assume responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for SUBRECIPIENT. SUBRECIPIENT shall not have authority to act as an agent on behalf of CITY unless specifically authorized to do so in writing. SUBRECIPIENT acknowledges that it is aware that because it is an independent contractor, CITY is making no deduction from any amount paid to SUBRECIPIENT and is not contributing to any fund on its behalf. SUBRECIPIENT disclaims the right to any fee or benefits except as expressly provided for in this AGREEMENT. As respects all acts or omissions of SUBRECIPIENT relating to SUBRECIPIENT’s responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for SUBRECIPIENT, the SUBRECIPIENT agrees to indemnify, defend (at the CITY's option), and hold harmless the CITY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the SUBRECIPIENT's performance or failure to perform under this Section. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low-Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H. Licensing DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 361 10 The SUBRECIPIENT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. SUBRECIPIENT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this AGREEMENT. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers’ compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding (1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of SUBRECIPIENT) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its empl oyees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447. The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: (a) Workers’ Compensation Insurance, as required by State statutes. (b) Comprehensive General Liability Insurance or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than $1,000,000 combined single limit of liability for bodily DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 362 11 injuries, death, and property damage resulting from any one occurrence. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. The SUBRECIPIENT’s self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Each policy of general liability and automobile liability insurance required by this AGREEMENT shall contain the following clauses: “Written notice of cancellation shall be delivered to the City Clerk of the City of San Bernardino, 290 N. D Street, San Bernardino, CA 92401 in accordance with the policy provisions.” “It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute with insurance provided by this policy.” “The City of San Bernardino, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino.” SUBRECIPIENT hereby agrees to waive subrogation which any insurer of the SUBRECIPIENT may acquire from the SUBRECIPIENT by virtue of the payment of any loss. If requested by CITY, SUBRECIPIENT agrees to obtain and deliver to CITY an endorsement from SUBRECIPIENT’s general liability and automobile insurance insurer to effect this waiver of subrogation. (4) Required Certificates and Endorsements. Prior to commencement of any work under this AGREEMENT, the SUBRECIPIENT shall deliver to CITY (i) insurance certificates confirming the existence of the insurance required by this AGREEMENT, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by CITY, it shall be the SUBRECIPIENT’s responsibility to see that CITY receives documentation, acceptable to CITY, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, CITY reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this AGREEMENT, including endorsements effecting the coverage required by these specifications. (5) Company Rating. All insurance coverage shall be written with a company having an AM. Best Rating “A” or better and financial size VIII or larger. (6) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 363 12 with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must ensure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408 and applicable California relocation law (Government Code § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.) Any relocation plan for the Project shall be subject to the review and approval by the State of California. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either Party, the contract shall forthwith be physically amended to make such insertion or correction. VI. ASSURANCES AND CERTIFICATIONS A. Non-Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 364 13 SUBRECIPIENT. (2) If the SUBRECIPIENT’s non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR § 200. B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 365 14 SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug-free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 366 15 Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants’ health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 367 16 in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. I. Davis-Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the “Statement of Compliance”) and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VII. ADMINISTRATIVE REQUIREMENTS Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. A. Procurement (1) Compliance. The SUBRECIPIENT shall keep itself fully informed of and in compliance with all current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY’S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT’s award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR § 200.414(b) Indirect (F & A) costs shall be used. For this AGREEMENT, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 368 17 B. Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. C. Record Keeping Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT’S office or place of business for the duration of the AGREE MENT and thereafter for five (5) years post- completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 369 18 are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above- referenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. D. Homeless Management Information Systems (HMIS) 1. Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS. 2. HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the SUBRECIPIENT'S agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3rd Floor, San Bernardino, California (909-387-4700). 3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be delivered to the CITY. 4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS. Participation includes, but is not limited to, the input of all programmatic and client data, the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty eight (48) hours after date of program entry. Services rendered to clients must be entered into HIMS within forty eight (48) hours from date of services. All clients who exit the program must have updated status in HIMS within forty eight (48) hours of actual exit date. Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below. E. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 370 19 compliance with audit report(s) required by applicable provisions of the Lead- Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally Each Party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each Party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 371 20 B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass- through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, defense costs, liability or damages of any kind or nature resulting from or arising out of the acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers in the performance of SUBRECIPIENT's services and activities under this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project or activity under this part, or commit or expend ESG or local funds for eligible activities under this part unless and until HUD has performed an environmental review under 24 CFR part 50 and the SUBRECIPIENT has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966. B. Lead-based paint remediation and disclosure The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters as sisted under ESG and all housing occupied by program participants that were built before 1978. C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 372 21 paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K (“LBP Regs”). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance; (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and (4) Notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA-approved equivalent. The current form and version of the pamphlet can be found at: https://www.fsa.usda.gov/Internet/FSA_File/pfflinyhbrochure.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 373 22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. XI. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 2 CFR § 200.112 with respect to the use of ESG funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of ESG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program’s Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 374 23 the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize ESG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either Party unless in writing and signed by both Parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Events of Default. For purposes of this Section XV, the word “Default” shall mean the failure of SUBRECIPIENT to perform any of SUBRECIPIENT’s duties or obligations or the breach by SUBRECIPIENT of any of the terms and conditions set forth in this AGREEMENT. In addition, SUBRECIPIENT shall be deemed to be in Default upon SUBRECIPIENT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of SUBRECIPIENT’s assets or of SUBRECIPIENT’s interests hereunder. CITY shall not be deemed to be in Default in the performance of any obligation required to be performed by CITY hereunder unless and until CITY has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from SUBRECIPIENT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CITY’s obligation is such that more than thirty (30) days are required for its performance, then CITY shall not be deemed to be in Default if CITY shall commence to cure such performance DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 375 24 within such thirty (30) day period and thereafter diligently prosecute the same to completion. B. Institution of Legal Actions. In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this AGREEMENT, either Party may institute an action at law or in equity to seek the specific performance of the terms of this AGREEMENT, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California or in the United States District Court for the Central District of California. C. Acceptance of Service of Process. In the event that any legal action is commenced by the SUBRECIPIENT against CITY, service of process on CITY shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by CITY against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made by personal service upon SUBRECIPIENT’s Representative or in such other manner as may be provided by law. D. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party. E. Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. F. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. G. Attorneys’ Fees. CITY and SUBRECIPIENT agree that in the event of litigation to enforce this AGREEMENT or terms, provisions and conditions contained herein, to terminate this AGREEMENT, or to collect damages for a Default hereunder, the prevailing Party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation. H. Immediate Termination for SUBRECIPIENT’s Default. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 376 25 In the event of any Default by SUBRECIPIENT, CITY may immediately terminate this AGREEMENT. Such termination shall be effective immediately upon receipt by SUBRECIPIENT of written notice from CITY. In such event, SUBRECIPIENT shall have no further rights hereunder; CITY shall have all other rights and remedies as provided by law. I. Termination Without Cause. CITY may terminate this AGREEMENT at any time without the necessity of cause or Default by SUBRECIPIENT by giving fifteen (15) days' notice in writing to SUBRECIPIENT. In such event, SUBRECIPIENT shall have no further rights hereunder, except that SUBRECIPIENT shall be paid for all Services rendered prior to receipt of notice of such termination. J. Time for Performance. Time is of the essence in the performance of this AGREEMENT. SUBRECIPIENT shall perform and complete all of SUBRECIPIENT'S services in a timely and expeditious manner. SUBRECIPIENT shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that SUBRECIPIENT has delivered to the CITY written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: (1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the expiration of the term all financial, performance, and other reports as required by the terms and conditions of the Federal award; (2) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; (3) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See 2 CFR 200.345); (4) SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310- 200.316 and 200.329; and, (5) The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 377 26 The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any non - compliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. (Remainder of page intentionally left bank; signatures on next page) DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 378 27 Initial IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW. CITY OF SAN BERNARDINO Lutheran Social Services of Southern A California Municipal Corporation California A California Non-Profit Corporation Charles E McNeely, City Manager LaSharnda Beckwith, President and CEO Date: Date: 1354 N. G Street San Bernardino CA 92405 Contact Person: LaSharnda Beckwith Phone: (909) 381-6921 Ext. 1009 Email: LaSharnda.Beckwith@lsssc.org ATTEST City of San Bernardino Genoveva Rocha, City Clerk Approved as to form: Thomas Rice, City Attorney By: DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 379 EXHIBIT "A" SCOPE OF WORK [Behind this page.] DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 380 Scope Of Work Lutheran Social Services Southern California Lutheran Social Services Southern California will deliver the following services under the City of San Bernardino FY 2022-2023 ESG Award Agreement: • Provide 70 homeless men in the City of San Bernardino with emergency shelter services, which will include – I. 24/7 Shelter Nights II. Outreach and County’s Coordinated Entry System (CES) Intake. III. Meal and Clothing IV. Screening/Assessment by a case manager using the Vulnerability Index and the Service Prioritization Decision Assistance Tool (VI-SPDAT) to determine critical needs and develop client specific self-sufficiency plans to address these needs. V. Development of an individualized self-sufficiency plan for each participant. VI. Supportive services that include but are not limited to – entitlement benefit enrollment, documentation procurement, referrals to substance abuse and mental health service providers, primary care providers, employment assistance, job readiness training, reunification of family members, housing navigation, and linkage to permanent housing. VII. Transportation to self-sufficiency related services- employment, school, healthcare, entitlement benefits, and document procurement. VIII. Tracking of client data using the Homeless Management Information System (HMIS). DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 381 EXHIBIT "B" BUDGET [Behind this page.] DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 382 Lutheran Social Services of Southern California FY 2022-2023 Sources of Funds: ESG Funds Applicant’s Funds: Other Sources: Total Street Outreach1 Service Activity: Service Activity: Service Activity: Emergency Shelter2 Personnel Activity: 40,000.00 35,0000.00 EFSP Volunteer Hours 75,000.00 Operational Activity: 25,000.00 25,000.00 Operational Activity: Homeless Prevention3 Activity: Activity: Activity: Rapid Re-Housing Assistance: Activity: Activity: Activity: HMIS4 Activity: 5,000.00 35,000.00 EFSP Volunteer Hours 40,000.00 TOTAL: $70,000.00 70,000.00 140,000.00 1 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 2 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 3 Homelessness Prevention Activities – 40% of ESG funding is targeted for homelessness prevention activities 4 HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 383 EXHIBIT "C" CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit OMB Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Name of Subrecipient Organization Program Title Name of Certifying Officer Signature Date DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 384 EXHIBIT "D" DISCLOSURE OF LOBBYING ACTIVITIES [Behind this page.] DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 385 F7 I ATTACHMENT D DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Approved by 0MB 0348-0046 a. contract b. grant �a. bid/offer/application b. initial award � a. initial filing b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name D Prime EJ Subawardee Tier ' if known: Lutheran Social Services of Southern California Congressional District, if known: 6. Federal Department/Agency: San Bernardino County 8. Federal Action Number, if known: NIA 10. a. Name and Address of Lobbying Registrant ( if individual, last name, first name, M/): NIA. NO LOBBYING and Address of Prime: NIA Congressional District, if known: 7. Federal Program Name/Description: FY 2022-2023 ESG CFDA Number, if ap p l icable: 14.231 9. Award Amount, if known: $ NIA b. Individuals Performing Services (including address if different from No. 1 Oa) (last name, first name, Ml): NIA Information requested through this form is authorized by title 31 U.S.C. section • 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Dr. LaSharnda Beckwith Title: Presidnet & Chief Executive Officer Telephone No.: 714-244-4263 Date: 1/13/23 Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) 11 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 386 EXHIBIT "E" EMERGENCY SOLUTIONS GRANT – WRITTEN STANDARDS [Behind this page.] DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 387 Revised 10/10/19 City of San Bernardino Economic and Housing Development Emergency Solutions Grant Written Standards 201 N. North E Street, Third Floor San Bernardino, CA 92415-0043 (909) 384-7267 www.sbcity.org DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 388 2 A. Program Written Standards Sub-Recipients are required to comply with the Department of Housing and Urban Development (HUD) minimum standards for providing ESG assistance and those standards relevant to ESG that are required by their Continuum of Care (COC). The following minimum program standards are required for delivering the ESG program as outlined in 24 CFR Part 576. 1. Evaluating Eligibility for Assistance Per the U.S. Department of Housing and Urban Development (HUD), Sub-Recipients are required to participate and comply with the COC coordinated entry process, also identified by HUD as the Coordinated Entry System (CES). The system identifies, assesses and prioritizes homeless individuals and families for housing and services based on vulnerability and severity of need. CES is designed to:  Ensure that people experiencing homelessness receive the right housing intervention, and  Prioritize people who need supportive housing the most to be able to access it as quickly as possible. Without CES, people experiencing homelessness often face long wait times to receive assistance or are screened out altogether. Some of the most vulnerable people experiencing homelessness do not have the functional ability to check in routinely on wait lists, and to apply at multiple housing sites, necessary under a “first come, first served” process of accessing housing and services, and so are the least likely to be able to access housing without a CES process in place. Coordinated entry is a community-wide approach that moves a homeless response system from a collection of independent housing and service providers who employ their own referral policies and wait lists, to a comprehensive approach intended to coordinate all housing and service resources. In CES, providers work collectively to match people experiencing homelessness to an appropriate housing placement based on vulnerability and need. CES simplifies the process by which homeless persons access housing and helps to ensure the right housing intervention is paired with the most appropriate participant. It is a data-driven process that allows communities to provide access to housing resources, to assess each individual or family who enters the homeless response system for their vulnerabilities and needs, to assign housing interventions based on client need, and to create a framework of accountability. Sub-Recipients may choose to utilize a different intake and assessment system for victims of domestic violence, veterans or any other special population identified by HUD. The minimum eligibility process will include an initial phone or in person screening to determine whether or not the applicant meets one of HUD’s categorical definitions of homeless or at risk of homelessness. If yes, then a more comprehensive assessment will DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 389 3 be completed in person by Sub-Recipient staff to verify applicants’ homeless status and determine which ESG service components they qualify for and that will address their housing need. Eligibility determinations must be documented in client files and preferably through third-party documentation. Intake worker observation or participant self-certification can be used when due diligence by staff and client is documented in the file indicating third-party verification is unavailable. When working with ESG program income limits, the “Extremely Low Income (ELI) families” limits DO NOT apply to the ESG or COC programs. ESG does not use the ELI measure to establish income limits, but instead uses the 30% of Area Median Income (AMI) income limits. The 30% AMI tables are to be used. HUD released the FY 2019 Income Limits, effective April 24, 2019, which can be found at HUDUSER https://www.huduser.gov/portal/datasets/il.html. Click on the Data tab and scroll down to the 5th section labeled “HUD 30% Income Limit for All Areas.” Re-evaluations of eligibility for continued receipt of homelessness prevention and rapid re-housing assistance are required—every three (3) months for prevention and annually for rapid re-housing. Minimally, each re-evaluation of eligibility must verify that the client household does not have an annual income that exceeds thirty (30) percent of HUD determined median family income for the service area and the household continues to lack sufficient resources and support networks needed to retain housing without ESG assistance. 2. Targeting and Providing Essential Services Related to Street Outreach Sub-Recipients are required to target unsheltered homeless individuals and/or families whose primary nighttime residence is a public or private place not meant for human habitation. It is recommended that preference be given to the chronically homeless and those special populations who are most vulnerable to being harmed by living in unsafe and unprotected places, i.e. victims of domestic and other forms of violence, youth, families with children, disabled, elderly, etc. HUD’s definition of chronically homeless is 1. A “homeless individual with a disability,” as defined in the Act, who lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and has been homeless (as described) continuously for at least 12 months or on at least 4 separate occasions in the last 3 years where the combined occasions must total at least 12 months. Occasions separated by a break of at least seven nights; stays in an institution of fewer than 90 days do not constitute a break. 2. An individual who has been residing in an institutional care facility for a fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or 3. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraphs (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 390 4 Engagement activities must include an initial assessment of needs and eligibility in order to prioritize the type and source of assistance required with safety and urgent health needs being the highest priority. Emergency health services, including mental health, can be funded with ESG only to the documented extent that other non-ESG funded appropriate health services are inaccessible or unavailable within the service area, or at the time of assessment. Based on need and assessment, qualifying individuals and/or families will be offered essential services beyond emergency health and other crisis intervention assistance that include case management, transportation, and housing stabilization. 3. Emergency Shelter Operations Admission Sub-Recipients are required to have standardized screening and intake criteria in writing for determining eligibility for admission to emergency shelter. The criteria must be in compliance with Fair Housing Law and cannot force involuntary family separation by denying family admission based on the age of a child less than 18 years. The admission process requires an initial assessment to determine the homeless status of the applicant based on HUD’s four categorical definitions of homeless (24 CFR 576.2) and meeting other Sub-Recipient determined eligibility criteria. The assessment process and tools must meet the service area’s COC coordinated entry requirements (24 CFR 576.400(d). Diversion from Shelter Based on screening results, individuals and families should be diverted when appropriate to the most stable housing available by using the Housing First or Rapid Re-housing service models. Essential Services and Referral Emergency shelter participants must have access to essential services either through direct service delivery by the Sub-Recipient and/or provision of information and referral to other service providers. Essential services include but not limited to: case management; child care; education services, employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; services for special populations and mainstream income and health benefits where appropriate. Length of Stay and Discharge Provision of essential services and shelter must be available for homeless individuals and families for at least the time period during which the ESG funds are provided to provide shelter to the client. The typical stays are generally 90 days for emergency shelter and 30 days for motel vouchers; however, if a client requires a stay longer than generally prescribed the case management notes and must address the reason for the extended stay and an updated housing plan. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 391 5 Safety and Accommodations for Special Populations If applicable, any shelter facility that receives ESG assistance for conversion, major rehabilitation, renovation or operations is required to meet all federal, state and local government safety, sanitation and accessibility standards including compliance with the safety, sanitation and privacy requirements contained in 24 CFR 576.403. Sub-Recipients are required to develop and implement written procedures and communication tools/materials that ensure persons of any particular race, color, religion, sex (gender), national origin, familial status, or disability (mental or physical) who may qualify for shelter and essential services are aware of and have access to such facilities and assistance. Reasonable accommodations for persons with disabilities must be available in order to ensure disabled participants have an equal opportunity to utilize the shelter and receive essential services. Greater levels of accessibility may be required for some shelters in compliance with The Americans with Disabilities Act. Domestic violence victims and other persons in need of victim services must have access to a safe setting and have their identity protected. Sub-Recipients are required to implement procedures to ensure confidentiality of records pertaining to any individual who is provided family violence prevention, treatment or other services. Sub- Recipients must also certify that the address of a family/individual violence shelter will not be made public without permission of the shelter agency. Sub-Recipient emergency shelter policies and procedures must:  Prohibit disclosing personally identifying victim information to any third party without consent of the victim;  Ensure victim consent is reasonably time-limited, written and specific as to whom information will be shared;  Identify and utilize an alternative HMIS to collect program data that will prevent the disclosure of personally identifying victim information; and  Include confidentiality policies and procedures that require staff to refrain from discussing client information in public and ensure client records are secure and only accessible to authorized staff. 4. Assessing Needs for Essential Services Related to Emergency Shelter 24 CFR 576.102 Sub-Recipients are required to have a written standard assessment process and tool(s) that are applied to all eligible recipients of shelter essential services. Shelter essential services include: case management; child care; education services; employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; and services for special populations. Provision of services should be determined based on client need and in alignment with Sub-Recipient’s targeted populations. Provision of essential services and shelter must be available to shelter residents for at DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 392 6 least the time period during which the ESG funds are provided. Services do not need to be limited to a particular site as long as the site serves the same categories and types of homeless originally provided with essential services or serves homeless persons in the same service area where the Sub-Recipient originally provided the services. Based on the COC’s centralized or coordinated assessment system, the client will be assessed and prioritized using the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) assessment tool to determine an individual or family’s need for emergency shelter or other ESG funded assistance. The County of San Bernardino’s COC developed written CES is in accordance with:  24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH Act): COC Program; Interim Final Rule;  Emergency Solutions Grants Program (24 CFR 576);  HUD’s final rule on defining chronically homeless and homeless (24 CFR 91);  HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status. Coordinated Entry should achieve several goals:  Make it easier for persons experiencing homelessness or a housing crisis to access the appropriate housing and service interventions;  Prioritize persons with the longest histories of homelessness and the most extensive needs consistent with HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status;  Lower barriers to entering programs or receiving assistance; and,  Ensure that persons receive assistance and are housed as quickly as possible. An initial intake and assessment will be completed by first entering persons who are homeless into the Homeless Management Information System (HMIS) which will include administering the VI-SPDAT as the assessment tool to assess and prioritize sin gle individuals experiencing homelessness (the family version of the assessment, the F-VI- SPDAT, will be used for families). Prioritization is based on vulnerability across five components: (a) history of housing and homelessness (b) risks (c) socializati on and daily functioning (d) wellness – including chronic health conditions, substance usage, mental illness, and trauma and (e) family unit (if applicable). 5. Coordination Among Homeless Assistance Providers, Mainstream Service Providers and Housing Providers Continuums of Care are community-based homeless assistance program planning networks whose responsibilities include the promotion of access to and effective DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 393 7 utilization of homeless and mainstream programs by the homeless. Sub-Recipients are required to be active members of their respective COC and contribute to the identification, development and coordination of resources that will promote and increase the efficiency and effectiveness of the community’s homeless system. Sub-Recipients must coordinate and integrate, to the extent possible, their ESG- funded assistance with other programs serving homeless and at-risk of homelessness people within their service area (refer to 24 CFR 576.400). 6. Determining and Prioritizing Eligibility for Homeless Prevention and Rapid Re-housing Assistance Determination of eligibility for homeless prevention requires an in-person assessment (in compliance with COC coordinated entry process) to verify that applicants meet HUD’s categorical definition for imminent risk of homelessness, homeless under other federal statutes, fleeing/attempting to flee domestic violence, or at-risk of homelessness and have an annual income at 30% or below of area median income. Homeless status and income eligibility must be documented in client files through third-party verification unless written justification is provided showing that due diligence was conducted substantiating that third-party was not available/accessible. Additionally, the assessment must indicate that prevention assistance would likely allow the applicant to regain stability in their current permanent housing or access other permanent housing and achieve stability. Prioritization for homeless prevention assistance must comply with COC standards. Minimally, prioritization should align with vulnerable homeless and at-risk of homelessness populations identified in Sub-Recipient’s service area homeless plan(s) and/or community assessment(s). Determination of eligibility for rapid re-housing requires an initial assessment to verify that clients meet HUD’s categorical definition for literally homeless or fleeing/attempting to flee domestic violence and are literally homeless. Homeless status must be documented in client files in accordance with HUD documentation standards with preference given to third-party verification where available. Prioritization for rapid re-housing must comply with COC standards and be supported by Sub-Recipient service area homeless plans and/or community assessment data. The subrecipient cannot use ESG funds to help a program participant remain in or move into housing that does not meet the minimum habitability standards under §576.403(c). This restriction applies to all activities under the Homelessness Prevention and Rapid Re- housing components, including rental assistance and housing relocation and stabilization services. In addition:  If an eligible household needs homelessness prevention assistance to remain in its existing unit, the assistance can only be provided if that unit meets the minimum standards.  If an eligible household needs homelessness prevention or rapid re-housing assistance to move to a new unit, the assistance can only be provided if the new DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 394 8 unit meets the minimum standards. The unit the household is leaving does not need to be inspected.  The housing must also comply with any other standards established by the recipient that exceed or add to these minimum standards. Note: The same standards apply regardless of the amount of ESG funds involved. For example, the subrecipient must inspect the unit and confirm that it meets the ESG minimum habitability standards, even if the only ESG assistance being provided is for a security deposit or moving assistance. The subrecipient must be sure to document compliance with the ESG habitability standards for Emergency Shelter activities in the program participant’s file. Homelessness Prevention – When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Homelessness Prevention component to help a program participant remain in or move into permanent housing, the ESG minimum habitability standards apply to either the current unit (if the program participant is staying in place) or to a new unit (if the program participant is moving). Even if only a minimal amount of Housing Relocation and Stabilization Services assistance—such utility arrears/payments (Financial Assistance) or housing stability case management (Services)—is provided under the Homelessness Prevention component to assist a program participant to stay in their unit, the habitability standards apply to the unit and must be documented in the program participant’s file. Rapid Re-housing – When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Rapid Re-housing component to help a program participant move into a new permanent housing unit, the habitability standards apply to the unit into which they are moving and must be documented in the program participant’s file. If Rapid Re-housing services are being provided before a unit has been identified, no habitability inspection is required until there is a unit to inspect. If assistance with arrears for a prior unit is needed as part of the rapid rehousing assistance, no habitability inspection is required for the old unit on which the arrears are owed, so long as the program participant will be rapidly re-housed in a different unit. 7. Determining Client’s Share of Rent and Utility Costs A client’s household annual income must be less than or equal to 30 percent of Area Median Income (AMI) when determining the client’s share of rent . Program Providers are to apply a progressive engagement approach to determine the rent subsidy amount and household contribution for each participating household. The City requires at the 1st month, the program pays up to 100% of move in costs including security deposits, first month’s rent and any required utility payments. In the 2nd – 3rd month, the household is responsible to pay 30% of their gross household income towards rent (this includes rent and the cost of utilities [if utilities are not included in the rent, a utility allowance schedule should be used for calculating the rental subsidy]). In the 3rd – 4th month and beyond, the household pays 50% of their gross household income towards rent and the program pays the remaining rent. Once the household is able to pay their rent with 60% or less of their gross household income or reaches 12 months of rental assistance, the rent subsidy should DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 395 9 end. Case managers are expected to work with clients to review family budgets and ensure families can maintain their housing. Utility assistance is limited to 24 months within a 3-year period and can be used to pay the cost of utility deposits, utility arrears, and gas, electric, water and sewage services. Assistance can only be provided if the utility account is in the name of a member of the client household or there is documented proof of household responsibility for utility payments. Utility arrears assistance for homeless prevention requires a shut off notice and for rapid re-housing must result in utilities being turned on at the new permanent housing location (24 CFR 576.400(e)(3)(iii). 8. Determining If Rent is Acceptable For ESG Rental Assistance Whether a household is seeking to maintain its current housing or relocate to another unit to avoid homelessness (Homelessness Prevention), or exiting homelessness into new housing (Rapid Re-Housing), the process for determining acceptable rent amounts is the same:  The subrecipient first compares the gross rent (see box below) for the current or new unit with current FMR limits, which are updated annually.  If the unit’s gross rent is at or below FMR, the subrecipient next uses current data to determine rent reasonableness (more information is provided below on how to determine and document this). To determine rent reasonableness, take the rent of the three (3) comparable units and calculate the average rent. If the gross rent is at or below both the FMR and the rent reasonableness standard for a unit of comparable size, type, location, amenities, etc., ESG funds may be used to pay the rent amount for the unit. If the gross rent for the unit exceeds either the rent reasonableness standard or FMR, ESG recipients are prohibited from using ESG funds for any portion of the rent, even if the household is willing and/or able to pay the difference. However, because the FM R and rent reasonableness requirements apply only to rental assistance, ESG funds may be used: 1. to pay for financial assistance and services to help the eligible program participant stay in the unit, or 2. to pay for financial assistance and services to locate and move to a different unit that meets the rent reasonableness standard and is at or below FMR and pay rental assistance in that unit. Rent reasonableness and FMR requirements do not apply when a program participant receives only financial assistance or services under Housing Stabilization and Relocation Services. This includes rental application fees, security deposits, an initial payment of “last month’s rent,” utility payments/deposits, and/or moving costs, housing search and placement, housing stability case management, landlord-tenant mediation, legal services, and credit repair. (Note: “Last month’s rent” may not exceed the rent charged for any other month; security deposits may not exceed 2 months’ rent.) See example of how to complete the Rent Reasonableness Checklist and Certification form on Attachment A. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 396 10 9. Determining Duration and Amount of Rental Assistance Provided to Client The duration of rental assistance is limited to twenty-four months within a 3-year time period. Short-term assistance can be provided up to three (3) months and medium-term assistance is limited to twenty-four (24) months. The amount of rent assistance provided must be the least amount needed to stabilize clients in their permanent housing. Rent arrears assistance is defined as: past due rent owed to a current landlord (24 CFR 576.400(e)(3)(iii). 10. Determining Type, Amount, and Duration of Housing Stabilization and/or Relocation Services Provided to Client Type of Housing Stabilization and/or Relocation Services is limited to financial assistance costs and service costs, subject to the general conditions and restrictions identified under 24 CFR 576.103 and 576.104. Security deposits are limited to no more than 2 month’s rent. A last month’s rent must not exceed one month's rent and must be included in calculating the program participant's total rental assistance, which cannot exceed 24 months during any 3-year period. Utility payments are limited to up to 24 months per client, per service, including up to 6 months of arrears, per service. Eligible utility services are gas, electric, water, and sewage. No program participant shall receive more than 24 months of utility assistance within any 3-year period. ESG funds may be used to pay cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability for a program participant who resides in permanent housing or to assist a program participant in overcoming immediate barriers to obtaining housing. This assistance cannot exceed 30 days during the period the program participant is seeking permanent housing and cannot exceed 24 months during the period the program participant is living in permanent housing. Mediation services are allowable, provided that the mediation is necessary to prevent the program participant from losing the permanent housing in which the client currently resides. Legal services must be necessary to resolve a legal problem that prohibits the client from obtaining permanent housing or will likely result in the client losing the permanent housing in which they currently reside. Credit repair does not include the payment or modification of a debt. Financial assistance cannot be provided to a client who is receiving the same type of assistance through other public sources or to a client who has been provided with replacement housing payments under the URA, during the period of time covered by the URA payments. Except for housing stability case management, the total period for which any client may receive assistance must not exceed 24 months during any 3-year period. The limits on the assistance apply to the total assistance an individual receives, either as an individual or as part of a family. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 397 11 B. HMIS Data Collection All data on persons served and all activities funded with ESG must be entered into HMIS . The purpose of HMIS is to record and store client-level information about the numbers, characteristics, and needs of homeless and at risk homelessness persons who receive program assistance. Domestic Violence Victim service providers are prohibited from entering data in HMIS; however, they are required to maintain comparable databases of their own design which provide aggregate information and data consistent with HMIS data collection requirements. Projects serving survivors of domestic violence where the recipient is not a victim services provider are required to enter data in their HMIS. Data entry requirements for shelters are: Emergency or transitional shelters, day or mass shelters, or hotel/motel vouchers are required to collect data and report outcomes using the Entry/Exit method of data collection. Shelters which meet the three criteria below may be set up in HMIS to use the Night-by- Night method of tracking shelter use:  The shelter serves a large number of clients on a nightly basis;  Clients are permitted to spend nights at the shelter on an irregular basis; and  There is a high degree of client turnover. Night-by-Night (NBN) shelters, which use a bed-night tracking method, will have a project start date for the night the client first stayed and will allow clients to re-enter as necessary without “exiting and restarting” for each stay for a specified period. Data collection involves recording, in HMIS, contacts with each person served. A contact is defined as the date of an interaction between a worker and a client designed to engage the client. All client contact must be recorded. Engagements must also be recorded. An engagement is an interaction which results in a formalized assessment or discussion. The date of engagement should be entered into HMIS at the point when the client has been engaged by the shelter worker. With the NBN method:  All data required to be collected, is collected at project entry; and  The duration of each stay can be accurately aggregated to calculate each client’s total length of stay in the project. Regardless of the method used to track shelter use, Sub-Recipients must be able to determine who and how many people were served by a shelter or shelter type for any given night, based on HMIS data. For additional, detailed information about the reporting requirements, refer to the Emergency Solutions Grant Program (ESG) HMIS Program Manual at: https://www.hudexchange.info/resources/documents/ESG-Program-HMIS-Manual.pdf DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 398 12 ATTACHMENT A (See next page) DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 399 13 RENT REASONABLENESS CHECKLIST AND CERTIFICATION The subrecipient must document in the client file using the attached worksheet that the rental cost (including the utility allowance) is within the Fair Market Rent limits, and the unit is rent reasonable before financial assistance can be provided to a program participant. Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form. The subrecipient must obtain the most recent HUD Fair Market Rent limit from the City for the area that the housing unit is located. Rent reasonableness is determined on a case-by-case basis. Agencies must conduct a rent analysis for three (3) comparable unassisted units and document the basis for their rent reasonableness determinations. Key components of a comparability analysis include: If the rent for the proposed unit is at or below the allowable (average) rent, the proposed unit is eligible. If the rent for the proposed unit is above the allowable (average) rent, the proposed unit is not eligible, and therefore, another unit will need to be proposed. Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.  Size: Only units of comparable size (both in terms of number of bedrooms and square footage) should be used.  Housing Condition: Only units in similar condition should be compared.  Location in Community/Accessibility: In many markets location is the key determinant of housing price (i.e., good/safe neighborhood, close to schools/bus routes, etc.).  Rent of Unit: Amount of rent being charged by owner.  Utilities Included: Consider the type and fuel source of utilities. Subrecipient must use the attached Housing Authority County of San Bernardino Utility Allowance sheet.  Amenities: Consider such amenities as garage, appliances and lot size. Comparable rents can be checked by using a market study, by reviewing comparable units advertised for rent, or with a note from the property owner verifying the comparability of charged rents to other units owned (for example, the landlord would document the rents paid in other units). DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 400 14 RENT REASONABLENESS CHECKLIST AND CERTIFICATION 24 CFR 576.106(d) and 24 CFR 982.507 Rent reasonableness. The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units. Proposed Unit Unit #1 Unit #2 Unit #3 Address Number of Bedrooms Approximate Square Feet Type of Unit/Construction (circle applicable type) Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Housing Condition Location/Accessibility (i.e. near schools, bus, park, etc.) Amenities Air Conditioner Garbage Disposal Air Conditioner Garbage Disposal Air Conditioner Garbage Disposal Air Conditioner Garbage Disposal (Circle all that apply) Dishwasher Washer/Dryer Dishwasher Washer/Dryer Dishwasher Washer/Dryer Dishwasher Washer/Dryer Carpet Recreational Facilities Carpet Recreational Facilities Carpet Recreational Facilities Carpet Recreational Facilities Storage Areas Parking Maintenance Service Housing Services Storage Areas Parking Maintenance Service Housing Services Storage Areas Parking Maintenance Service Housing Services Storage Areas Parking Maintenance Service Housing Services Approximately Year Built Utilities (type) Unit Rent Utility Allowance Gross Rent Handicap Accessible? CERTIFICATION: A. COMPLIANCE WITH FAIR MARKET RENT PAYMENT STANDARD FAIR MARKET RENT LIMIT FOR SIZE AND AREA OF SERVICE, PER HUD’S FAIR MARKET RENT CHART $______ ___________________ __________________ ____________ ________________________ PROPOSED CONTRACT RENT + UTILITY ALLOWANCE + FEES = PROPOSED GROSS RENT* Is the gross rent of the proposed unit at or below HUD’s Fair Market Rent (FMR)? _ Yes _No. IF YES, continue to section B below and to determine if the unit it rent reasonable. IF the rent of the proposed unit is above HUD’s FMR, ANOTHER UNIT WILL NEED TO BE PROPOSED. AND B. RENT REASONABLENESS : Calculate the average rent of the three comparable units above and ensure the rent of the proposed unit is at or below the average rent. ENTER AMOUNT OF ALLOWABLE RENT (the average of the three COMPARABLE rents for the units above) $______________. Is THE rent for the PROPOSED UNIT IS AT OR BELOW THE ALLOWABLE RENT ABOVE YES NO. IF YES, the unit is rent reasonable and YOU MAY MOVE FORWARD WITH THE UNIT. Is the answer is NO, ANOTHER UNIT WILL NEED TO BE PROPOSED. STAFF NAME: ____________________________ SIGNATURE: __________________________ DATE: _______________ DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 401 15 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 402 16 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 403 17 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 404 18 DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 405 EXHIBIT "F" FORMS [Behind this page.] DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 406 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 1 Homeless Certification Form Emergency Shelter and/or Rapid Re-Housing ESG Household Name: ____________________________________ Date: ____________________ This is certify the above individual or household is currently homeless based on the category checked and required documentation. THE GENERAL HOMELESS CERTIFICATION MUST BE COMPLETED FOR EACH HOUSEHOLD. Chronically Homeless Certification Chronically Homeless: (if chronically homeless, the General Homeless Certification must also be completed) □ Client not chronically Homeless. □ Individual or family: 1. Homeless and lives or resides in a place not meant for human habitation, a safe haven or in an emergency shelter; or 2. Has been homeless living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separa te occasions in the last three years; and 3. Has an adult head of Household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions. CATEGORY 1: Literally Homeless □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 407 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 2 CATEGORY 1: Literally Homeless (continued) 3. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness □ Individual or family who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost with 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources of support networks needed to obtain other permanent housing. Documentation must include ONE of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (Self-Certification Form); or □ A documented and verified oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use self-certification form) In addition to one of the above, documentation must include BOTH of the following: □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes □ Unaccompanied youth under 25 years of age, or families with children and yo uth, who do not otherwise qualify as homeless under this definition, but who: 1. Are defined as homeless under this listed federal statutes; 2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 408 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 3 CATEGORY 3: Homeless under Other Federal Statutes (continued) 3. Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; AND 4. Can be expected to continue in such status for an extended period of time due to special needs and barriers. Documentation must include ALL of the following: □ Certification by non-profit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; AND □ Certification of no public housing in the last 60 days; AND □ Certification by the individual or head of household, and any available supporting documentation, that he has moved 2 or more times in the past 60 days; AND □ Documentation of special needs or 2 or more barriers. CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence □ Any individual or family who: 1. Is fleeing, or is attempting to flee, domestic violence. 2. Has no other residence; AND 3. Lacks the resources or support network to obtain other permanent housing. Documentation required. For victims service providers: □ An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and the lack resources. Statement must be documented by a self-certification (Self-Certification Form) or a certification by the intake worker. For non-victim service providers (must document ALL of the following): □ An oral statement by the individual or head of household seeking assistance that they are fleei ng. This statement is documented by self-certification (Self-Certification Form) or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and □ Certification by the individual or head of household that no subsequent residence has been identified (Self-Declaration Form); and □ Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing (Se lf-Certification Form) Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: ______________ DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 409 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 4 At Risk of Homelessness Certification Form Homeless Prevention ESG Household Name: ____________________________________________ Date: ______________ This is to certify the above individual or household is currently at risk of homelessness based on the category checked and required documentation. Check only one Category and complete only that section CATEGORY 1: Literally Homeless (Eligible for Rapid Re-Housing Assistance Only) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) □ Individual or family, who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost within 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources or support networks needed to obtain other permanent housing. 4. Has an annual income below 30% of AMI. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 410 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 5 CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) {Continued} Documentation must include ALL of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (use Self-Certification form) or □ An oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use Self-Certification form) In addition to one of the above, documentation must include BOTH of the following: □ Has an annual income below 30% of AMI (must have documentation □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial reso urces and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers. Documentation must include all of the following: Certification by the nonprofit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; and Certification of no public housing in the last 60 days; and Certification by the individual or head of household, and any available supporting documentation, that (s)he has moved 2 or more times in the past 60 days; and Documentation of special needs or 2 or more barriers. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 411 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 6 CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and (iii) Lacks the resources or support networks to obtain other permanent housing Documentation required: For victim service providers: An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and they lack resources. Statement must be documented by a self-certification (Form No. 5) or a certification by the intake worker. For non-victim service provider (must document all of the following): Oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by a self-certification (Form No. 5) or by the caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and Certification by the individual or head of household that no subsequent residence has been identified (use Self-Certification form); and Self-certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing. AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only) CHECK ONLY ONE CATEGORY AND COMPLETE ONLY THAT SECTION CATEGORY 1: An individual or family: (must have income 30% below AMI, lack sufficient resources and meets one of the following risk factors □ Has an annual income below 30% of AMI (must have documentation of income eligibility); and □ Lacks sufficient resources or support networks immediately available to prevent homelessness (must complete Self-Certification Form or provide documentation when practical such as termination notice, Unemployment compensation statement, bank statement, healthcare/Utility bill showing arrears). AND meets ONE of the following risk factors with acceptable documentation: Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 412 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 7 CATEGORY 1: (continued) To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient’s or subreciepient’s intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient’s or subrecipient’s intake staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient’s or subr ecipient’s intake staff describing the efforts taken to obtain the required evidence. □ RISK 1: Persistent housing instability – has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria): □ Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate). □ RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria): □ Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appro priate); and □ Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). □ RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistan ce: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria): □ If tenant/homeowner: eviction notice, court order to leave within 21 days; or □ If living with another (doubled up): eviction letter from tenant/homeowner. □ Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria): □ Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 413 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 8 CATEGORY 1: (continued) □ Cost have not covered by charitable organization or government program: documentation – cancelled check. □ RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following). □ Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor’s Office, Intake Observation. □ RISK 6: Exiting publicly funded institution or system of care (must document the following): □ Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter □ RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example: being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include): □ Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing. CATEGORY 2: Unaccompanied Children and Youth □ A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal Statute (must document the following): □ Written Verification of Homeless Status must be provided by agency administering applicable Federal program. CATEGORY 3: Families with Children and Youth □ An unaccompanied youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) or that child or youth if living with him or her (must document the following): □ Must have documentation of homeless status, which may be a letter or referral provided by the agency administering the Federal Program AND must confirm family/guardian is residing with children/youth. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 414 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 9 ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form: _________________________________________________________________________________________ __________________________________________________________________________________________ If self-certification was used, describe efforts to obtain third party certification: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: _______________ DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 415 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 10 Verification Tracking of Income Head of Household: _______________________________________________ Date: _____________ □ Intake/Screening □ Three-month Certification Agencies must record all attempts to obtain required verification in the order specified: Step 1: Third Party Source: Were verification documents provided by the client? □ Yes - Complete Income Calculation Worksheet to determine eligibility □ No – Proceed to Third Party Written (Provide Explanation). Go to Step 2 If income could not be verified by Step 1 Step 2: Third-Party Written: Request verification of income from stated income source(s). Date of Written Request: ______________________ (Retain copy of Request in Client’s File) □ Documents received within 10 business days – Complete Income Calculation Worksheet. □ Documents not received within 10 business days – Proceed to Third-Party Oral. Go to Step 3, If Income could not be verified in Step 2. Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information. Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If sufficient income information is provided, complete Income Calculation Worksheet to determine Eligibility. Otherwise, proceed to Step 4, Self-Certification. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 416 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 11 Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and 3. □ I certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge. Source: _________________________________ Amount: _______________________ Frequency: _________ Source: _________________________________ Amount: _______________________ Frequency: _________ □ I certify, under penalty of perjury, that I do not have income from any source at this time. This is true and correct to best of my knowledge. Client Signature: _______________________________________________________ Date: _______________ DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 417 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 12 Self-Certification Form Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility. This section is to be completed by the applicant/participants Date: ________________________________ Name of Head of Household: ___________________________________________________________________ Unit Address: __________________________________________________________________________________________ Street Address Apt# City State Zip Code If no address, City of Homelessness: ______________________________________________________ Telephone Number: (_________)__________-__________________ Email Address: ___________________________________________________________ Self-Certification of: □ Lack of sufficient financial resources and/or support networks and subsequent residence has been identified; □ Fleeing Domestic Violence; □ Living on street or in shelter; □ Exiting from institution; □ Other Please Describe: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 418 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 13 Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form i s true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided. Signature: __________________________________________________________ Date: __________ Witness: ____________________________________________________________ Date: __________ Warning: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any department or Agency of the United States as to any matter within the jurisdiction. DocuSign Envelope ID: 102FCE7B-5EC0-40A7-9785-8D7E78719CA6       Packet Pg. 419 1 EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT THIS EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT (the "AGREEMENT") is made and entered into as of March 16, 2023, by and between the CITY OF SAN BERNARDINO, a California municipal corporation, ("CITY"), and Salvation Army, a California Corporation, a private non-profit corporation licensed to do business in the State of California, 925 W 10th Avenue, San Bernardino, CA 92411, ("SUBRECIPIENT"), DUNS Number 07-4629460. RECITALS: 1. The CITY has been allocated funds under the Emergency Solutions Grants program ("ESG") from the United States Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11371–11378], for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless, and for homelessness prevention and rapid re-housing assistance. Catalogue of Federal Domestic Assistance (“CFDA”) 14.231 and Federal Award Identification Number (FAIN) E-18-MC-06- 0539. For purposes of this Agreement, the ESG shall be deemed to include Part 576 of Title 24 of the Code of Federal Regulations as it may be amended from time to time. 2. The CITY and SUBRECIPIENT (each, a "Party" and jointly, the "Parties") desires to enter into this AGREEMENT so that SUBRECIPIENT may receive a subgrant of the ESG funds in consideration of SUBRECIPIENT'S participation in the CITY'S ESG by the provision of the operation of an emergency solutions program ("program") for homeless individuals or families or individuals or families at-risk of homelessness in the City of San Bernardino in accordance with the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference. 3. The SUBRECIPIENT represents that it is qualified to participate in the ESG and has the requisite qualifications, expertise and experience in the provision of emergency solutions programs for homeless individuals or families or individuals or families at-risk of homelessness, and is willing to use said federal funds to operate said program. 4. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at- risk of homelessness in obtaining appropriate supportive services including, but not limited to: temporary and permanent housing, relocation and stabilization services, rapid re-housing assistance, medical and mental health treatment, counseling supervision, and other services essential for achieving independent living, as well as other federal, state, local and private assistance available for such individuals. 5. The CITY agrees to reimburse the SUBRECIPIENT for the provision of the services set forth in the Scope of Work in an amount not to exceed $100,000 in funding under the ESG and that no funds of the CITY shall be or become a source of funds under this AGREEMENT. 6. The SUBRECIPIENT acknowledges and agrees that this AGREEMENT is contingent DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 420 2 upon an allocation and receipt of ESG funds from HUD and the authorization given to the CITY to use a portion of its allocation in the amount set forth in this AGREEMENT to reimburse SUBRECIPIENT for the provision of its services under this AGREEMENT. 7. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure and utilization of said funds. NOW THEREFORE, it is agreed by and between the Parties that the foregoing Recitals are a substantive part of this AGREEMENT and the following terms and conditions are approved and, together with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and the SUBRECIPIENT: DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 421 3 CONTACT INFORMATION City of San Bernardino: Subrecipient Organization: Cassandra Searcy The Salvation Army, a California Corporation Awarding Official Title: Deputy Director of Housing and Homelessness Naomi Goforth-Kuhlman Address: 201 N. E Street Name of Primary Contact City: San Bernardino State: CA Zip: 92401 Title: Program Manager Telephone: 909-384-7270 San Bernardino Hospitality House Address: 925 W 10th Street City: San Bernardino State: CA Zip: 92411 Telephone: 909 888-4880 CFDA Number: 14.231 FAIN Number: E-19-MC-06-0539 Federal Award Date: May 13, 2022 (the date when the federal award is signed by the authorized official of the federal awarding agency.) 1. ESG Funds Obligated Program Year: 2022-2023 ESG Funds Amount: $100,000 Total Amount of ESG Funds Obligated: $100,000.00 I. SCOPE OF PROGRAM A. General Administration In compliance with all of the terms and conditions of this AGREEMENT, the SUBRECIPIENT agrees to provide the services set forth in the Scope of Work (Exhibit A), which provides a description of each activity, including the services to be performed, the person(s) or entity providing the services, the estimated number of recipients of the services, and the manner and means of the services. The SUBRECIPIENT represents and warrants that the services to be provided to implement the Scope of Work shall be performed in a competent, professional and satisfactory manner in accordance with the ESG. B. Levels of Accomplishment – Goals and Performance Measures The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustment to the grant award is appropriate. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 422 4 C. Staffing; Relationship of Parties; No Third Party Rights The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG activity. Nothing contained in this AGREEMENT is intended to, or shall be construed by the Parties, or by any third party, as creating or establishing the relationship of employer/employee, principal and agent, partnership or joint venture between the Parties, it being understood and agreed that SUBRECIPIENT is and will be at all times an independent contractor pursuant to this AGREEMENT and shall not, in any way, be considered to be an officer, agent or employee of the CITY. The Parties intend that no rights or remedies be granted to any third party as a beneficiary of this AGREEMENT or of any covenant, duty, obligation or undertaking established herein. II. TERM OF AGREEMENT This AGREEMENT shall take effect on July 1, 2022, and shall terminate on June 30, 2023, unless otherwise cancelled or modified according to the terms of this AGREEMENT. III. DISBURSEMENT AND FUNDS A. Maximum Amount of Disbursements; Method of Disbursement. CITY agrees to reimburse SUBRECIPIENT when, if and to the extent federal funds are received under provisions of the Act a sum not to exceed $100,000 for SUBRECIPIENT'S performance of the Scope of Work in accordance with the Budget attached hereto as Exhibit B. Requests for disbursements by SUBRECIPIENT shall be made by SUBRECIPIENT sending to the CITY, not more frequently than quarterly, commencing on or before the 15th day of October, January, April, and July, a detailed invoice in a form specified and approved by the CITY. Such schedule may be modified with the approval of the CITY. The CITY shall distribute ESG funds in quarterly installments, as requested by SUBRECIPIENT, in arrears, in order to compensate SUBRECIPIENT for the provision of SUBRECIPIENT’S services under this AGREEMENT. SUBRECIPIENT has the ability to adjust line item amounts in the Budget with the prior written approval of the CITY’s Director of the Economic and Housing Department, so long as the total budget amount does not increase. B. Payment Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as hereinafter more fully set forth below under Reporting, with the final payment being due and payable upon the receipt of an invoice and report for the last quarter of the term of this AGREEMENT and the CITY'S approval thereof, which invoice and report shall be due on or before July 15 following the expiration of the term of this AGREEMENT. The CITY shall pay such invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the SUBRECIPIENT is in compliance with the terms and conditions of this AGREEMENT. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation and reporting will cause the CITY to withhold DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 423 5 all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. C. Use of Funds The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for necessary and reasonable costs allowable under federal law and regulations to operate said ESG program only. Said amounts shall include and will be limited to those activities described at 24 CFR §§ 576.101 – § 576.107, including without limitation, street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, housing relocation and stabilization services, short-term and medium-term rental assistance, and Homeless Management Information Systems (“HMIS”) data contribution as set forth in. Allowable program costs are detailed in the Budget, as set forth in Exhibit B. The SUBRECIPIENT'S failure to perform, as required, may, in addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terms hereof. D. Condition of Funding (1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding may result in a change in the current process utilized by the CITY to determine funding allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent upon the availability of federal, state or local government funds, which are appropriated or allocated for the payment of such an obligation. If funding levels are significantly affected by federal budgeting or if funds are not allocated and available for the continuance of the function performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the end of the period for which funds are available. In the event of funding reduction, the CITY may reduce the Budget for this AGREEMENT as a whole or may limit the rate by which SUBRECIPIENT receives the ESG funds for providing SUBRECIPIENT’S services hereunder. At the earliest opportunity, the CITY shall notify the SUBRECIPIENT of any services which may be affected by a shortage of funds. No penalty shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable for any damages as a result of termination under this provision of this AGREEMENT. Nothing herein shall be construed as obligating the CITY to expend funds in excess of appropriations authorized by law. (2) The SUBRECIPIENT shall allow representatives of the CITY or HUD and their agents and representatives to inspect facilities which are used in connection with the AGREEMENT or which implement programs funded under this AGREEMENT and to observe the provision of services. The CITY is under no duty to supervise the provision of SUBRECIPIENT’S services. Any inspection or examination by the CITY is for the sole purpose of protecting and preserving the CITY’s rights under this AGREEMENT. No default of SUBRECIPIENT shall be waived by any inspection by the CITY. In no event shall any inspection by the CITY be a representation that there has been or will be compliance with this AGREEMENT or that SUBRECIPIENT is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this AGREEMENT or the provision of SUBRECIPIENT’S services. (3) Where the CITY has reasonable grounds to question the fiscal accountability, DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 424 6 financial soundness, or compliance with this AGREEMENT by the SUBRECIPIENT, the CITY may suspend the operation of this AGREEMENT for up to sixty (60) days upon three (3) days' notice to SUBRECIPIENT of the CITY’S intention to so act, pending an audit or other resolution of such questions. E. Matching The SUBRECIPIENT is required to make matching contributions to supplement the ESG program in an amount that equals or exceeds the amount of ESG funds provided by HUD through the CITY. Such contributions shall be entirely consistent with the Matching Requirements as outlined by 24 CFR § 576.201. The anticipated source and amount of all matching funds contributed by the SUBRECIPIENT will be enumerated in the Budget (Exhibit B). F. Program Income (1) Definition. Program income means, as provided by 2 CFR § 200.80, gross income received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. For purposes of ESG, program income will also include any amount of a security or utility deposit returned to the SUBRECIPIENT. (2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this AGREEMENT. (3) Counts toward Matching. Costs paid by program income may count toward meeting the matching requirements, provided the costs are eligible ESG costs that supplement the program. G. Separation of Accounts All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or member of the SUBRECIPIENT, in an account (the “Account”) at a federally insured banking or savings and loan institution with record keeping of such Accounts maintained pursuant to applicable legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is consistent with generally-accepted accounting principles. No monies shall be withdrawn from the Account except for expenditures relating to essential services, homeless prevention, and/or operations costs, as authorized hereunder. All disbursements from the Account shall be for obligations incurred in the performance of this AGREEMENT and shall be supported by contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to comply with the above requirements until such compliance is demonstrated to the satisfaction of the CITY. H. Expenditure of Funds Much like how HUD requires the CITY, pursuant to 24 CFR § 576.203, to expend all of the grant DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 425 7 funds for eligible activity costs within 24 months after the date that HUD signs the grant agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant funds for eligible activity costs within the term of this AGREEMENT. For the purposes of this paragraph, expenditure means either an actual cash disbursement for a direct charge for goods or services or an indirect cost, or the accrual of a direct charge for goods or services or an indirect cost. Failure to expend said funds within said timeframe can result in a reallocation of funds. I. Prohibited Use (1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this AGREEMENT to pay for meals for persons and families other than those identified as homeless or at-risk of homelessness. Said funds shall not be used for entertainment purposes or for gifts. The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct; rather, the use of ESG funds will remain in compliance with all applicable federal, state, and local laws, including applicable laws not outlined in this AGREEMENT. (2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT shall submit said signed certification to the CITY prior to performing any of its obligations under this AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities," in accordance with its instructions (see Exhibit D). IV. NOTICES All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either CITY or SUBRECIPIENT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses: If to CITY: Community and Economic Development Department City of San Bernardino 290 N. D Street DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 426 8 San Bernardino, CA 92401 With copies to: Princess Wilson, Management Analyst Community and Economic Development Department City of San Bernardino 290 N. D Street San Bernardino, California 92401 Telephone No. (909) 384-5214 If to SUBRECIPIENT: The Salvation Army, a California Corporation Hospitality House Naomi Kuhlman, Program Manager 925 W 10th Street San Bernardino, California 92411 Telephone No. (909) 888-4880 V. GENERAL CONDITIONS A. Coordination with Continuum of Care The SUBRECIPIENT must work with the Continuum of Care (“CoC”) to ensure the screening, assessment, and referral of program participants are consistent with the CITY’s written standards for providing ESG assistance as described in its consolidated plan. The SUBRECIPIENT must keep documentation evidencing the use of, and written intake procedures for, the centralized or coordinated assessment system(s) developed by the CoC in accordance with the requirements established by HUD. See 24 CFR § 576.400. B. Evaluation of Program Participants Eligibility and Needs The SUBRECIPIENT shall conduct an initial evaluation to determine the eligibility of each individual or family for ESG assistance and the amount and types of assistance of the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under 24 CFR §576.400(d) and the written standards established under 24 CFR §576.401(b). Please see attached City of San Bernardino Emergency Solutions Grant Written Standards. C. Terminating Assistance If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. See 24 CFR § 576.402. D. Shelter and Housing Standards The SUBRECIPIENT certifies that shelters and housing supported by ESG funds and used by ESG beneficiaries will conform to 24 CFR § 576.403. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 427 9 E. Homeless Involvement The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities. See 24 CFR § 576.405(c) and 42 USC 11375(d). F. Independent Contractor Nothing contained in this AGREEMENT is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The SUBRECIPIENT and any agent or employee of SUBRECIPIENT shall act in an independent capacity and not as officers or employees of the CITY. CITY assumes no liability for SUBRECIPIENT's actions and performance; nor does the CITY assume responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for SUBRECIPIENT. SUBRECIPIENT shall not have authority to act as an agent on behalf of CITY unless specifically authorized to do so in writing. SUBRECIPIENT acknowledges that it is aware that because it is an independent contractor, CITY is making no deduction from any amount paid to SUBRECIPIENT and is not contributing to any fund on its behalf. SUBRECIPIENT disclaims the right to any fee or benefits except as expressly provided for in this AGREEMENT. As respects all acts or omissions of SUBRECIPIENT relating to SUBRECIPIENT’s responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for SUBRECIPIENT, the SUBRECIPIENT agrees to indemnify, defend (at the CITY's option), and hold harmless the CITY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature to the extent arising out of or in connection with the SUBRECIPIENT's performance or failure to perform under this Section. G. Subcontracts (1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this AGREEMENT in all subcontracts entered into as part of the activities undertaken in furtherance of this AGREEMENT and will take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of regulations issued by any federal agency. The SUBRECIPIENT will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 (Economic Opportunities for Low- and Very Low-Income Persons) and will not allow any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (2) Submission to the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. H. Licensing DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 428 10 The SUBRECIPIENT agrees to obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits and approvals as may be required by law for its operations and the performance of its services under this AGREEMENT. The SUBRECIPIENT shall ensure that its staff and subcontractors shall also obtain and maintain all required licenses, registrations, accreditation, permits and approvals as may be required by law for the performance of services hereunder. Such licensing requirements include obtaining a CITY business license, as applicable. SUBRECIPIENT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this AGREEMENT. I. Responsibilities Toward Employees The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment compensation, insurance premiums, workers’ compensation premiums, income tax withholdings, social security withholdings, and any and all other taxes or payroll withholdings required for all employees engaged in the performance of the work and activities authorized by the AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with proper safety equipment and taking any and all necessary precautions to guarantee the safety of workers or persons otherwise affected. J. Insurance and Bonding (1) Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover actionable legal claims for liability or loss which are the result of injury to or death of any person, or damage to property (including property of SUBRECIPIENT) caused by the negligent acts or omissions, or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the extent permitted by law, in connection with the activities pursuant to this AGREEMENT. The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR § 200.427, and 2 CFR § 200.447. The SUBRECIPIENT shall obtain prior to commencing any services or activities under this AGREEMENT, at its sole cost, and maintain during the term of this AGREEMENT, insurance coverage as set forth below. (2) Limits. The SUBRECIPIENT shall maintain, at all times, the following minimum levels of Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance for the coverages and amounts of coverage not less than those set forth below: (a) Workers’ Compensation Insurance, as required by State statutes. (b) Comprehensive General Liability Insurance or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor's Liability and Fire Damage Legal Liability, in an amount of not less than $1,000,000 combined single limit of liability for bodily DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 429 11 injuries, death, and property damage resulting from any one occurrence. (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. The SUBRECIPIENT’s self-insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the CITY. (3) Each policy of general liability and automobile liability insurance required by this AGREEMENT shall contain the following clauses: “Written notice of cancellation shall be delivered to the City Clerk of the City of San Bernardino, 290 N. D Street, San Bernardino, CA 92401 in accordance with the policy provisions.” “It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute with insurance provided by this policy.” “The City of San Bernardino, its officials, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino.” SUBRECIPIENT hereby agrees to waive subrogation which any insurer of the SUBRECIPIENT may acquire from the SUBRECIPIENT by virtue of the payment of any loss. If requested by CITY, SUBRECIPIENT agrees to obtain and deliver to CITY an endorsement from SUBRECIPIENT’s general liability and automobile insurance insurer to effect this waiver of subrogation. (4) Required Certificates and Endorsements. Prior to commencement of any work under this AGREEMENT, the SUBRECIPIENT shall deliver to CITY (i) insurance certificates confirming the existence of the insurance required by this AGREEMENT, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by CITY, it shall be the SUBRECIPIENT’s responsibility to see that CITY receives documentation, acceptable to CITY, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, CITY reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this AGREEMENT, including endorsements effecting the coverage required by these specifications. (5) Company Rating. All insurance coverage shall be written with a company having an AM. Best Rating “A” or better and financial size VIII or larger. (6) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 430 12 with these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for cause until there is full compliance. K. Zoning. The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state, or federal rules and regulations relating thereto, the SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state, or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to remedy such known violation(s), shall result in termination of grant funding hereunder. The SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. L. Displacement and Relocation. The SUBRECIPIENT must ensure that it has taken all reasonable steps to minimize displacement of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408 and applicable California relocation law (Government Code § 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regulations, Title. 25, § 6000 et seq.) Any relocation plan for the Project shall be subject to the review and approval by the State of California. M. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of either Party, the contract shall forthwith be physically amended to make such insertion or correction. VI. ASSURANCES AND CERTIFICATIONS A. Non-Profit Status The SUBRECIPIENT certifies that: (1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws of the State of California and in possession of required non-profit status under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of the DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 431 13 SUBRECIPIENT. (2) If the SUBRECIPIENT’s non-profit status changes at any time during this AGREEMENT, it will advise the CITY within 15 days. (3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds generated from or because of the ESG program, for their services. (4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are subject to the requirements as established in 2 CFR § 200. B. Adherence to federal, state, and local Laws and Regulations (1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and applicable cross-cutting federal, state, and local requirements. (2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with § 576.405(c). (3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. (4) Nondiscrimination and Equal Employment Opportunity. During the performance under this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, sexual orientation, or any other basis prohibited by applicable law. The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familial status, and sexual orientation. The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment Opportunity, as amended by Executive Orders 11375 and 12086. (5) Nondiscrimination and Equal Opportunity in Participation. The requirements 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR § 5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by applicable law. The DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 432 14 SUBRECIPIENT shall, through affirmative outreach, make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. (6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and Local government services, and public accommodations. (7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funded sub-recipients. The SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. C. Falsification of Information The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the process of obtaining this award of the ESG Funds. D. Drug Free Workplace The SUBRECIPIENT represents and warrants that it has established the following drug-free workplace policy: (1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. (2) As an employee working in conjunction with a federally funded program, the employees of the SUBRECIPIENT will be required to: a. Abide by the terms above in statement (1), and b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 433 15 Such notification shall be made no later than five (5) days after conviction. (3) The CITY and the United States Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. (4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. (5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. E. Religious Organization The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of said program or services. If the SUBRECIPIENT conducts such activities, the activities must be offered separately, in time or location, from said programs or services, and participation must be voluntary for the program participants. The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. If the SUBRECIPIENT is a religious organization, it retains its independence from federal, state, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct ESG funds to support any inherently religious activities. The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in connection with said program must be in sound accord with the provisions under 24 CFR § 576.406. F. Additional Terms between the CITY and HUD The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreement between HUD and the CITY and such other rules, regulations, or requirements as HUD may reasonably impose in addition to the aforementioned assurances at or subsequent to the execution of this AGREEMENT by the Parties hereto. G. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the participants’ health or safety. H. Hatch Act The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 434 16 in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq. I. Davis-Bacon Act All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the “Statement of Compliance”) and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance. See 29 C.F.R. §5.6(a)(3). VII. ADMINISTRATIVE REQUIREMENTS Generally The following requirements and standards must be complied with: 2 CFR Part 200, et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR § 200.318-326. A. Procurement (1) Compliance. The SUBRECIPIENT shall keep itself fully informed of and in compliance with all current HUD and CITY policies concerning the procurement of equipment, goods, and services, and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Subrecipient shall provide all notices as required by applicable law. The SUBRECIPIENT shall report to the CITY all program assets (unexpended program income, property, equipment, etc.), and upon the CITY’S request, such assets shall revert to the CITY upon termination of this AGREEMENT. (2) Pursuant to 2 CFR § 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT’s award shall be an approved federally recognized cost rate negotiated between the SUBRECIPIENT and the federal government, or, if no cost rate exists, the de minimis indirect cost rate as defined in 2 CFR § 200.414(b) Indirect (F & A) costs shall be used. For this AGREEMENT, the de minims indirect cost of 10% will apply. (3) Use and Reversion of Assets. The use and disposition of equipment under this AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 435 17 B. Reporting Reporting requirements must conform to the policies and procedures as established by the CITY and 24 CFR § 576.500. The SUBRECIPIENT shall submit to the CITY, on or before the 15th day of October, January, April, and July, as part of the Quarterly Report: (1) Payment Request. An original request for reimbursement and true copies of invoices, receipts, agreements, HMIS reports or other documentation supporting and evidencing how the ESG Funds have been expended during the applicable quarter. (2) Quarterly Activities and written cumulative (year-to-date) reports of activities, program accomplishments, new program information, and up-to-date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause the CITY to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the CITY. (3) Matching. Quarterly certification of match, plus documentation of match source. (4) Any other such reports as the CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: monthly records of all ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT in the performance of its obligations under this AGREEMENT. C. Record Keeping Sufficient records must be established and maintained to enable the CITY and HUD to determine whether the ESG requirements are being met. Record keeping requirements must conform to the policies and procedures as established by the CITY. All accounting records, reports, all evidence pertaining to costs, expenses, and ESG Funds of the SUBRECIPIENT, and all documents related to this AGREEMENT shall be maintained and kept available at the SUBRECIPIENT’S office or place of business for the duration of the AGREEMENT and thereafter for five (5) years post- completion of an audit in conformity with the ESG requirements, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Lead-based Paint regulations, which likely require longer retention as outlined below. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this AGREEMENT, or (b) costs and expenses of this AGREEMENT to which the CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. All said records must be retained for the greater of the aforementioned duration or the periods specified in 24 CFR § 576.500(y). All records relating to, or created or maintained in compliance with, the Lead-Based Paint regulations shall be retained and maintained by the SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. The CITY, HUD and auditors shall have the right to access all SUBRECIPIENT records for as long as the records DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 436 18 are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does not make the above- referenced documents available within the City of San Bernardino, California, the SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in conducting any audit at the location where said records and books of account are maintained. The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500. D. Homeless Management Information Systems (HMIS) 1. Generally. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS. 2. HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the SUBRECIPIENT'S agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the SUBRECIPIENT is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3rd Floor, San Bernardino, California(909-387-4700). 3. HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT agrees to share HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs, unless prohibited by law. A copy of such agreement shall be delivered to the CITY. 4. HMIS Data Input. SUBRECIPIENT must enter data directly into the HMIS system, and adhere to all implementation guidelines developed under the Continuum of Cares, HMIS. Participation includes, but is not limited to, the input of all programmatic and client data, the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty eight (48) hours after date of program entry. Services rendered to clients must be entered into HIMS within forty eight (48) hours from date of services. All clients who exit the program must have updated status in HIMS within forty eight (48) hours of actual exit date. Failure to meet the above Data Input requirements will constitute a violation of the terms and conditions of these AGREEMENTS and subject to the remedies set forth in Section XV below. E. Audit Report Requirements The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget (2 CFR § 200.501a). The SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall comply and/or cause DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 437 19 compliance with audit report(s) required by applicable provisions of the Lead- Based Paint Regulations as further detailed below. VIII. EVALUATION AND MONITORING A. Generally The CITY will monitor the performance of the SUBRECIPIENT against goals and performance standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary reporting information as required by the CITY in the administration and review of the Program. Substandard performance as determined by the CITY will constitute noncompliance with this AGREEMENT. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. B. Access to Records The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access to and the right to examine all records, books, papers, items, emails, and documents, both physical and electronic, relating to the program. C. Audit The CITY shall have the right to audit and monitor any program income as a result of an ESG activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further agrees to provide all files, records, and documents pertaining to related activities and clientele demographic data. IX. LIABILITY A. Generally Each Party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or negligent omissions by or through itself, its employees, agents, and subcontractors. Each Party further agrees to defend itself and themselves, and to pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully responsible for its negligent acts or omissions, or any intentional tortuous acts which result in claims or suits against the CITY, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or subdivision to be sued by third parties in any matter arising out of any contract, and nothing herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 438 20 B. CITY not Liable for Funds The SUBRECIPIENT further acknowledges that the source of the ESG Funds is a federal pass- through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay the SUBRECIPIENT with any funds other than the ESG Funds the CITY receives from HUD. C. Hold Harmless The SUBRECIPIENT shall defend, indemnify and save harmless the CITY, its officers, agents, employees, representatives, volunteers, and student externs from and against any and all claims, demands, defense costs, liability or damages of any kind or nature resulting from or arising out of the acts, errors or omissions of the SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers in the performance of SUBRECIPIENT's services and activities under this AGREEMENT. X. ENVIRONMENTAL CONDITIONS A. Generally ESG activities are subject to environmental review by HUD under the environmental regulations in 24 CFR part 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project or activity under this part, or commit or expend ESG or local funds for eligible activities under this part unless and until HUD has performed an environmental review under 24 CFR part 50 and the SUBRECIPIENT has received HUD approval of the property. The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as they apply to the performance of this AGREEMENT, including but not limited to the Clean Air Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable, the SUBRECIPIENT also shall comply with the Historic Preservation requirements of the National Historic Preservation Act of 1966. B. Lead-based paint remediation and disclosure The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG and all housing occupied by program participants that were built before 1978. C. Assignment of Responsibilities By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of 24 CFR 35. D. Compliance with Subpart K The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead-based DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 439 21 paint (“LBP”) hazards in a residential property that receives federal assistance under certain HUD programs for acquisition, leasing, support services, or operation. In connection with the grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart K (“LBP Regs”). The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is located: (1) A visual assessment of all painted surfaces in order to identify deteriorated paint; (2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with §§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is occupied, immediately after receipt of federal assistance; (3) Ongoing lead-based paint maintenance activities into regular building operations, in accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial relationship with a federal housing assistance program, except that mortgage insurance or loan guarantees are not considered to constitute an active programmatic relationship for the purposes of this part; and (4) Notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the results of the clearance examination. E. Notification of LBP Hazard The SUBRECIPIENT shall provide to all occupants of housing: (1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission lead hazard information pamphlet or an EPA-approved equivalent. The current form and version of the pamphlet can be found at: https://www.fsa.usda.gov/Internet/FSA_File/pfflinyhbrochure.pdf (2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge regarding the presence of LBP and LBP hazards prior to leasing a housing unit. (3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any lead hazard reduction work. F. LBP Information Summary For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP Regulations, the CITY has caused to be prepared an information summary relating to the LBP Regulations and Application to dwelling units that may be occupied by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 440 22 CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in implementation of compliance with the LBP Regs as to residential dwelling units to be assisted by the SUBRECIPIENT. The Parties acknowledge and agree the CITY shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP Regulations and implementing guidance published and provided by HUD relating to compliance with such LBP Regulations. G. Exemptions Section 35.115(a) provides exemptions from Subparts B through R. For example, lead-based paint requirements do not apply to housing assistance if the assistance lasts less than one hundred (100) days. XI. CONFLICTS OF INTEREST The SUBRECIPIENT shall comply with 2 CFR § 200.112 with respect to the use of ESG funds to procure services, equipment, supplies, or other property. With respect to all other decisions involving the use of ESG funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds there under, either for himself or herself, or for those with who he or she has family or business ties, during his or her tenure or for one (1) year thereafter. The SUBRECIPIENT agrees to abide by the ESG Program’s Conflict of Interest provisions as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to the SUBRECIPIENT under this section. XII. ASSIGNABILITY None of the duties of, or work to be performed by, the SUBRECIPIENT under this AGREEMENT shall be subcontracted or assigned to any agency, consultant or person without the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this AGREEMENT. XIII. EXCLUSIVITY OF AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the use of the CITY's ESG funds by the SUBRECIPIENT and contains all the covenants and agreements between the Parties with respect to such ESG Funds in any manner whatsoever. Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both the CITY and DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 441 23 the SUBRECIPIENT. XIV. AMENDMENTS OR MODIFICATIONS The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize ESG funds for any activity or purpose not included or not in conformance with the budget as apportioned and as submitted to the CITY unless: (1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake such actions, or (2) Budget changes may be made among approved program activities and among approved budget categories so long as the specific project activity has been approved, there is no change to the total grant amount, and the changes to the budget are documented. Any program modification request by the SUBRECIPIENT must be requested at least forty-five (45) days prior to the end of the term of this AGREEMENT. No modification to this AGREEMENT shall be binding by either Party unless in writing and signed by both Parties. In the event that the CITY approves any amendment to the funding allocation, the SUBRECIPIENT shall be notified in writing and such notification shall constitute an official amendment. The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT, amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws, regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this AGREEMENT. XV. VIOLATION OF TERMS AND CONDITIONS A. Events of Default. For purposes of this Section XV, the word “Default” shall mean the failure of SUBRECIPIENT to perform any of SUBRECIPIENT’s duties or obligations or the breach by SUBRECIPIENT of any of the terms and conditions set forth in this AGREEMENT. In addition, SUBRECIPIENT shall be deemed to be in Default upon SUBRECIPIENT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of SUBRECIPIENT’s assets or of SUBRECIPIENT’s interests hereunder. CITY shall not be deemed to be in Default in the performance of any obligation required to be performed by CITY hereunder unless and until CITY has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from SUBRECIPIENT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CITY’s obligation is such that more than thirty (30) days are required for its performance, then CITY shall not be deemed to be in Default if CITY shall commence to cure such performance DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 442 24 within such thirty (30) day period and thereafter diligently prosecute the same to completion. B. Institution of Legal Actions. In addition to any other rights and remedies, and subject to the restrictions otherwise set forth in this AGREEMENT, either Party may institute an action at law or in equity to seek the specific performance of the terms of this AGREEMENT, to cure, correct or remedy any Default, to recover damages for any Default or to obtain any other remedy consistent with the purpose of this AGREEMENT. Such legal actions must be instituted in the Superior Court of the County of Orange, State of California or in the United States District Court for the Central District of California. C. Acceptance of Service of Process. In the event that any legal action is commenced by the SUBRECIPIENT against CITY, service of process on CITY shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by CITY against the SUBRECIPIENT, service of process on the SUBRECIPIENT shall be made by personal service upon SUBRECIPIENT’s Representative or in such other manner as may be provided by law. D. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party. E. Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. F. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. G. Attorneys’ Fees. CITY and SUBRECIPIENT agree that in the event of litigation to enforce this AGREEMENT or terms, provisions and conditions contained herein, to terminate this AGREEMENT, or to collect damages for a Default hereunder, the prevailing Party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation. H. Immediate Termination for SUBRECIPIENT’s Default. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 443 25 In the event of any Default by SUBRECIPIENT, CITY may immediately terminate this AGREEMENT. Such termination shall be effective immediately upon receipt by SUBRECIPIENT of written notice from CITY. In such event, SUBRECIPIENT shall have no further rights hereunder; CITY shall have all other rights and remedies as provided by law. I. Termination Without Cause. CITY may terminate this AGREEMENT at any time without the necessity of cause or Default by SUBRECIPIENT by giving fifteen (15) days' notice in writing to SUBRECIPIENT. In such event, SUBRECIPIENT shall have no further rights hereunder, except that SUBRECIPIENT shall be paid for all Services rendered prior to receipt of notice of such termination. J. Time for Performance. Time is of the essence in the performance of this AGREEMENT. SUBRECIPIENT shall perform and complete all of SUBRECIPIENT'S services in a timely and expeditious manner. SUBRECIPIENT shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that SUBRECIPIENT has delivered to the CITY written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. XVI. CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200.343, including the following: (1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the expiration of the term all financial, performance, and other reports as required by the terms and conditions of the Federal award; (2) Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; (3) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See 2 CFR 200.345); (4) SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR 200.310- 200.316 and 200.329; and, (5) The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. XVII. VALIDITY AND SEVERABILITY DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 444 26 The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT. XVIII. LAWS GOVERNING THIS AGREEMENT This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XIX. WAIVER No delay or omission by the CITY hereto to exercise any right or power accruing upon any non- compliance or default by the SUBRECIPIENT with respect to any of the terms of this AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. XX. AGREEMENT DOCUMENT, EXHIBITS, AND ATTACHMENTS All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by reference. This document may be executed in three (3) counterparts, each of which shall be deemed to be an original. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective Parties to each of the terms of this AGREEMENT, and shall indemnify the CITY fully, including reasonable costs and attorney’s fees, for any injuries or damages to the CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. (Remainder of page intentionally left bank; signatures on next page) DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 445 27 IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW. CITY OF SAN BERNARDINO The Salvation Army, A California Municipal Corporation a California Corporation Charles E McNeely, City Manager Captain J. Koebel Divisional Secretary for Business The Salvation Army 16941 Keegan Ave. Carson, CA 90746 Date: Date: ATTEST City of San Bernardino Genoveva Rocha, City Clerk Approved as to form: Thomas Rice, City Attorney By: DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 446 EXHIBIT "A" SCOPE OF WORK [Behind this page.] DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 447 Scope of Work The Salvation Army – San Bernardino Hospitality House The Salvation Army San Bernardino Hospitality House operates several programs: Community Meal, Emergency Shelter and Transitional Living within the facility. Target population for Residential Services include single-unaccompanied adult women, and families with children. The total capacity for combined Hospitality House residential programs is 82 beds (21 rooms) but is often over capacity (95 Maximum) due to cribs and family size. The Hospitality House also provides a community meal six evenings a week for those experiencing food insecurity. This meal service is used as an outreach to connect people who are experiencing homelessness to shelter and other permanent housing services. The ESG funding will allow The Salvation Army Hospitality House to continue to address housing and homelessness, food insecurity and long term-stability for those experiencing hardship. Specifically, funds will support cost associated with administration, essential services, operations and programming for the Hospitality House Emergency Shelter Program. Total number of extremely low-income households to be served – 40 Total number of very low-income households to be served – 25 Total number of persons experiencing homelessness to be served – 285 Total number of seniors to be served – 5 Total number of special needs households to be served - 1 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 448 EXHIBIT "B" BUDGET [Behind this page.] DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 449 THE SALVATION ARMY – SAN BERNARDINO HOSPITALITY HOUSE FY 2022-2023 Sources of Funds: ESG Funds Applicant’s Funds: Other Sources: Total Street Outreach1 Service Activity: Service Activity: Service Activity: Emergency Shelter2 Operational Activity: $100,000.00 Portfolio Income: Undesignated $125,000 Operational Activity: Kaiser Grant $50,000 Operational Activity: Homeless Prevention3 Activity: Activity: Activity: Rapid Re-Housing Assistance: Activity: Activity: Activity: HMIS4 Activity: TOTAL: $100,000.00 $175,000 1 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 2 Limited up to 60% of the total fiscal year grant for street outreach and emergency shelter activities combined 3 Homelessness Prevention Activities – 40% of ESG funding is targeted for homelessness prevention activities 4 HMIS participation is required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 450 EXHIBIT "C" CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit OMB Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Name of Subrecipient Organization Program Title Name of Certifying Officer Signature Date DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 451 EXHIBIT "D" DISCLOSURE OF LOBBYING ACTIVITIES [Behind this page.] DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 452 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year _________ quarter _________ e. loan guarantee date of last report ______________ f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Tier ______, if known : Congressional District , if known : Congressional District, if known : 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable : _____________ 8. Federal Action Number, if known : 9. Award Amount, if known : $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI ): different from No. 10a ) (last name, first name, MI ): 11.Signature: Print Name: Title: Telephone No.: _______________________ Date: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. Prime Subawardee Federal Use Only: DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 453 EXHIBIT "E" EMERGENCY SOLUTIONS GRANT – WRITTEN STANDARDS [Behind this page.] DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 454 Revised 10/10/19 City of San Bernardino Economic and Housing Development Emergency Solutions Grant Written Standards 201 N. North E Street, Third Floor San Bernardino, CA 92415-0043 (909) 384-7267 www.sbcity.org DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 455 2 A. Program Written Standards Sub-Recipients are required to comply with the Department of Housing and Urban Development (HUD) minimum standards for providing ESG assistance and those standards relevant to ESG that are required by their Continuum of Care (COC). The following minimum program standards are required for delivering the ESG program as outlined in 24 CFR Part 576. 1. Evaluating Eligibility for Assistance Per the U.S. Department of Housing and Urban Development (HUD), Sub-Recipients are required to participate and comply with the COC coordinated entry process, also identified by HUD as the Coordinated Entry System (CES). The system identifies, assesses and prioritizes homeless individuals and families for housing and services based on vulnerability and severity of need. CES is designed to:  Ensure that people experiencing homelessness receive the right housing intervention, and  Prioritize people who need supportive housing the most to be able to access it as quickly as possible. Without CES, people experiencing homelessness often face long wait times to receive assistance or are screened out altogether. Some of the most vulnerable people experiencing homelessness do not have the functional ability to check in routinely on wait lists, and to apply at multiple housing sites, necessary under a “first come, first served” process of accessing housing and services, and so are the least likely to be able to access housing without a CES process in place. Coordinated entry is a community-wide approach that moves a homeless response system from a collection of independent housing and service providers who employ their own referral policies and wait lists, to a comprehensive approach intended to coordinate all housing and service resources. In CES, providers work collectively to match people experiencing homelessness to an appropriate housing placement based on vulnerability and need. CES simplifies the process by which homeless persons access housing and helps to ensure the right housing intervention is paired with the most appropriate participant. It is a data-driven process that allows communities to provide access to housing resources, to assess each individual or family who enters the homeless response system for their vulnerabilities and needs, to assign housing interventions based on client need, and to create a framework of accountability. Sub-Recipients may choose to utilize a different intake and assessment system for victims of domestic violence, veterans or any other special population identified by HUD. The minimum eligibility process will include an initial phone or in person screening to determine whether or not the applicant meets one of HUD’s categorical definitions of homeless or at risk of homelessness. If yes, then a more comprehensive assessment will DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 456 3 be completed in person by Sub-Recipient staff to verify applicants’ homeless status and determine which ESG service components they qualify for and that will address their housing need. Eligibility determinations must be documented in client files and preferably through third-party documentation. Intake worker observation or participant self-certification can be used when due diligence by staff and client is documented in the file indicating third-party verification is unavailable. When working with ESG program income limits, the “Extremely Low Income (ELI) families” limits DO NOT apply to the ESG or COC programs. ESG does not use the ELI measure to establish income limits, but instead uses the 30% of Area Median Income (AMI) income limits. The 30% AMI tables are to be used. HUD released the FY 2019 Income Limits, effective April 24, 2019, which can be found at HUDUSER https://www.huduser.gov/portal/datasets/il.html. Click on the Data tab and scroll down to the 5th section labeled “HUD 30% Income Limit for All Areas.” Re-evaluations of eligibility for continued receipt of homelessness prevention and rapid re-housing assistance are required—every three (3) months for prevention and annually for rapid re-housing. Minimally, each re-evaluation of eligibility must verify that the client household does not have an annual income that exceeds thirty (30) percent of HUD determined median family income for the service area and the household continues to lack sufficient resources and support networks needed to retain housing without ESG assistance. 2. Targeting and Providing Essential Services Related to Street Outreach Sub-Recipients are required to target unsheltered homeless individuals and/or families whose primary nighttime residence is a public or private place not meant for human habitation. It is recommended that preference be given to the chronically homeless and those special populations who are most vulnerable to being harmed by living in unsafe and unprotected places, i.e. victims of domestic and other forms of violence, youth, families with children, disabled, elderly, etc. HUD’s definition of chronically homeless is 1. A “homeless individual with a disability,” as defined in the Act, who lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and has been homeless (as described) continuously for at least 12 months or on at least 4 separate occasions in the last 3 years where the combined occasions must total at least 12 months. Occasions separated by a break of at least seven nights; stays in an institution of fewer than 90 days do not constitute a break. 2. An individual who has been residing in an institutional care facility for a fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or 3. A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraphs (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 457 4 Engagement activities must include an initial assessment of needs and eligibility in order to prioritize the type and source of assistance required with safety and urgent health needs being the highest priority. Emergency health services, including mental health, can be funded with ESG only to the documented extent that other non-ESG funded appropriate health services are inaccessible or unavailable within the service area, or at the time of assessment. Based on need and assessment, qualifying individuals and/or families will be offered essential services beyond emergency health and other crisis intervention assistance that include case management, transportation, and housing stabilization. 3. Emergency Shelter Operations Admission Sub-Recipients are required to have standardized screening and intake criteria in writing for determining eligibility for admission to emergency shelter. The criteria must be in compliance with Fair Housing Law and cannot force involuntary family separation by denying family admission based on the age of a child less than 18 years. The admission process requires an initial assessment to determine the homeless status of the applicant based on HUD’s four categorical definitions of homeless (24 CFR 576.2) and meeting other Sub-Recipient determined eligibility criteria. The assessment process and tools must meet the service area’s COC coordinated entry requirements (24 CFR 576.400(d). Diversion from Shelter Based on screening results, individuals and families should be diverted when appropriate to the most stable housing available by using the Housing First or Rapid Re-housing service models. Essential Services and Referral Emergency shelter participants must have access to essential services either through direct service delivery by the Sub-Recipient and/or provision of information and referral to other service providers. Essential services include but not limited to: case management; child care; education services, employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; services for special populations and mainstream income and health benefits where appropriate. Length of Stay and Discharge Provision of essential services and shelter must be available for homeless individuals and families for at least the time period during which the ESG funds are provided to provide shelter to the client. The typical stays are generally 90 days for emergency shelter and 30 days for motel vouchers; however, if a client requires a stay longer than generally prescribed the case management notes and must address the reason for the extended stay and an updated housing plan. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 458 5 Safety and Accommodations for Special Populations If applicable, any shelter facility that receives ESG assistance for conversion, major rehabilitation, renovation or operations is required to meet all federal, state and local government safety, sanitation and accessibility standards including compliance with the safety, sanitation and privacy requirements contained in 24 CFR 576.403. Sub-Recipients are required to develop and implement written procedures and communication tools/materials that ensure persons of any particular race, color, religion, sex (gender), national origin, familial status, or disability (mental or physical) who may qualify for shelter and essential services are aware of and have access to such facilities and assistance. Reasonable accommodations for persons with disabilities must be available in order to ensure disabled participants have an equal opportunity to utilize the shelter and receive essential services. Greater levels of accessibility may be required for some shelters in compliance with The Americans with Disabilities Act. Domestic violence victims and other persons in need of victim services must have access to a safe setting and have their identity protected. Sub-Recipients are required to implement procedures to ensure confidentiality of records pertaining to any individual who is provided family violence prevention, treatment or other services. Sub- Recipients must also certify that the address of a family/individual violence shelter will not be made public without permission of the shelter agency. Sub-Recipient emergency shelter policies and procedures must:  Prohibit disclosing personally identifying victim information to any third party without consent of the victim;  Ensure victim consent is reasonably time-limited, written and specific as to whom information will be shared;  Identify and utilize an alternative HMIS to collect program data that will prevent the disclosure of personally identifying victim information; and  Include confidentiality policies and procedures that require staff to refrain from discussing client information in public and ensure client records are secure and only accessible to authorized staff. 4. Assessing Needs for Essential Services Related to Emergency Shelter 24 CFR 576.102 Sub-Recipients are required to have a written standard assessment process and tool(s) that are applied to all eligible recipients of shelter essential services. Shelter essential services include: case management; child care; education services; employment assistance and job training; outpatient health services; legal services; life skills training; mental health services; substance abuse treatment services; transportation; and services for special populations. Provision of services should be determined based on client need and in alignment with Sub-Recipient’s targeted populations. Provision of essential services and shelter must be available to shelter residents for at DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 459 6 least the time period during which the ESG funds are provided. Services do not need to be limited to a particular site as long as the site serves the same categories and types of homeless originally provided with essential services or serves homeless persons in the same service area where the Sub-Recipient originally provided the services. Based on the COC’s centralized or coordinated assessment system, the client will be assessed and prioritized using the Vulnerability Index – Service Prioritization Decision Assistance Tool (VI-SPDAT) assessment tool to determine an individual or family’s need for emergency shelter or other ESG funded assistance. The County of San Bernardino’s COC developed written CES is in accordance with:  24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH Act): COC Program; Interim Final Rule;  Emergency Solutions Grants Program (24 CFR 576);  HUD’s final rule on defining chronically homeless and homeless (24 CFR 91);  HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status. Coordinated Entry should achieve several goals:  Make it easier for persons experiencing homelessness or a housing crisis to access the appropriate housing and service interventions;  Prioritize persons with the longest histories of homelessness and the most extensive needs consistent with HUD Notice CPD-14-012 on prioritizing persons experiencing chronic homelessness and other vulnerable homeless persons in permanent supportive housing and Recordkeeping Requirements for Documenting Chronic Homeless Status;  Lower barriers to entering programs or receiving assistance; and,  Ensure that persons receive assistance and are housed as quickly as possible. An initial intake and assessment will be completed by first entering persons who are homeless into the Homeless Management Information System (HMIS) which will include administering the VI-SPDAT as the assessment tool to assess and prioritize sin gle individuals experiencing homelessness (the family version of the assessment, the F-VI- SPDAT, will be used for families). Prioritization is based on vulnerability across five components: (a) history of housing and homelessness (b) risks (c) socializati on and daily functioning (d) wellness – including chronic health conditions, substance usage, mental illness, and trauma and (e) family unit (if applicable). 5. Coordination Among Homeless Assistance Providers, Mainstream Service Providers and Housing Providers Continuums of Care are community-based homeless assistance program planning networks whose responsibilities include the promotion of access to and effective DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 460 7 utilization of homeless and mainstream programs by the homeless. Sub-Recipients are required to be active members of their respective COC and contribute to the identification, development and coordination of resources that will promote and increase the efficiency and effectiveness of the community’s homeless system. Sub-Recipients must coordinate and integrate, to the extent possible, their ESG- funded assistance with other programs serving homeless and at-risk of homelessness people within their service area (refer to 24 CFR 576.400). 6. Determining and Prioritizing Eligibility for Homeless Prevention and Rapid Re-housing Assistance Determination of eligibility for homeless prevention requires an in-person assessment (in compliance with COC coordinated entry process) to verify that applicants meet HUD’s categorical definition for imminent risk of homelessness, homeless under other federal statutes, fleeing/attempting to flee domestic violence, or at-risk of homelessness and have an annual income at 30% or below of area median income. Homeless status and income eligibility must be documented in client files through third-party verification unless written justification is provided showing that due diligence was conducted substantiating that third-party was not available/accessible. Additionally, the assessment must indicate that prevention assistance would likely allow the applicant to regain stability in their current permanent housing or access other permanent housing and achieve stability. Prioritization for homeless prevention assistance must comply with COC standards. Minimally, prioritization should align with vulnerable homeless and at-risk of homelessness populations identified in Sub-Recipient’s service area homeless plan(s) and/or community assessment(s). Determination of eligibility for rapid re-housing requires an initial assessment to verify that clients meet HUD’s categorical definition for literally homeless or fleeing/attempting to flee domestic violence and are literally homeless. Homeless status must be documented in client files in accordance with HUD documentation standards with preference given to third-party verification where available. Prioritization for rapid re-housing must comply with COC standards and be supported by Sub-Recipient service area homeless plans and/or community assessment data. The subrecipient cannot use ESG funds to help a program participant remain in or move into housing that does not meet the minimum habitability standards under §576.403(c). This restriction applies to all activities under the Homelessness Prevention and Rapid Re- housing components, including rental assistance and housing relocation and stabilization services. In addition:  If an eligible household needs homelessness prevention assistance to remain in its existing unit, the assistance can only be provided if that unit meets the minimum standards.  If an eligible household needs homelessness prevention or rapid re-housing assistance to move to a new unit, the assistance can only be provided if the new DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 461 8 unit meets the minimum standards. The unit the household is leaving does not need to be inspected.  The housing must also comply with any other standards established by the recipient that exceed or add to these minimum standards. Note: The same standards apply regardless of the amount of ESG funds involved. For example, the subrecipient must inspect the unit and confirm that it meets the ESG minimum habitability standards, even if the only ESG assistance being provided is for a security deposit or moving assistance. The subrecipient must be sure to document compliance with the ESG habitability standards for Emergency Shelter activities in the program participant’s file. Homelessness Prevention – When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Homelessness Prevention component to help a program participant remain in or move into permanent housing, the ESG minimum habitability standards apply to either the current unit (if the program participant is staying in place) or to a new unit (if the program participant is moving). Even if only a minimal amount of Housing Relocation and Stabilization Services assistance—such utility arrears/payments (Financial Assistance) or housing stability case management (Services)—is provided under the Homelessness Prevention component to assist a program participant to stay in their unit, the habitability standards apply to the unit and must be documented in the program participant’s file. Rapid Re-housing – When ESG Rental Assistance and/or Housing Relocation and Stabilization Services are provided under the Rapid Re-housing component to help a program participant move into a new permanent housing unit, the habitability standards apply to the unit into which they are moving and must be documented in the program participant’s file. If Rapid Re-housing services are being provided before a unit has been identified, no habitability inspection is required until there is a unit to inspect. If assistance with arrears for a prior unit is needed as part of the rapid rehousing assistance, no habitability inspection is required for the old unit on which the arrears are owed, so long as the program participant will be rapidly re-housed in a different unit. 7. Determining Client’s Share of Rent and Utility Costs A client’s household annual income must be less than or equal to 30 percent of Area Median Income (AMI) when determining the client’s share of rent . Program Providers are to apply a progressive engagement approach to determine the rent subsidy amount and household contribution for each participating household. The City requires at the 1st month, the program pays up to 100% of move in costs including security deposits, first month’s rent and any required utility payments. In the 2nd – 3rd month, the household is responsible to pay 30% of their gross household income towards rent (this includes rent and the cost of utilities [if utilities are not included in the rent, a utility allowance schedule should be used for calculating the rental subsidy]). In the 3rd – 4th month and beyond, the household pays 50% of their gross household income towards rent and the program pays the remaining rent. Once the household is able to pay their rent with 60% or less of their gross household income or reaches 12 months of rental assistance, the rent subsidy should DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 462 9 end. Case managers are expected to work with clients to review family budgets and ensure families can maintain their housing. Utility assistance is limited to 24 months within a 3-year period and can be used to pay the cost of utility deposits, utility arrears, and gas, electric, water and sewage services. Assistance can only be provided if the utility account is in the name of a member of the client household or there is documented proof of household responsibility for utility payments. Utility arrears assistance for homeless prevention requires a shut off notice and for rapid re-housing must result in utilities being turned on at the new permanent housing location (24 CFR 576.400(e)(3)(iii). 8. Determining If Rent is Acceptable For ESG Rental Assistance Whether a household is seeking to maintain its current housing or relocate to another unit to avoid homelessness (Homelessness Prevention), or exiting homelessness into new housing (Rapid Re-Housing), the process for determining acceptable rent amounts is the same:  The subrecipient first compares the gross rent (see box below) for the current or new unit with current FMR limits, which are updated annually.  If the unit’s gross rent is at or below FMR, the subrecipient next uses current data to determine rent reasonableness (more information is provided below on how to determine and document this). To determine rent reasonableness, take the rent of the three (3) comparable units and calculate the average rent. If the gross rent is at or below both the FMR and the rent reasonableness standard for a unit of comparable size, type, location, amenities, etc., ESG funds may be used to pay the rent amount for the unit. If the gross rent for the unit exceeds either the rent reasonableness standard or FMR, ESG recipients are prohibited from using ESG funds for any portion of the rent, even if the household is willing and/or able to pay the difference. However, because the FM R and rent reasonableness requirements apply only to rental assistance, ESG funds may be used: 1. to pay for financial assistance and services to help the eligible program participant stay in the unit, or 2. to pay for financial assistance and services to locate and move to a different unit that meets the rent reasonableness standard and is at or below FMR and pay rental assistance in that unit. Rent reasonableness and FMR requirements do not apply when a program participant receives only financial assistance or services under Housing Stabilization and Relocation Services. This includes rental application fees, security deposits, an initial payment of “last month’s rent,” utility payments/deposits, and/or moving costs, housing search and placement, housing stability case management, landlord-tenant mediation, legal services, and credit repair. (Note: “Last month’s rent” may not exceed the rent charged for any other month; security deposits may not exceed 2 months’ rent.) See example of how to complete the Rent Reasonableness Checklist and Certification form on Attachment A. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 463 10 9. Determining Duration and Amount of Rental Assistance Provided to Client The duration of rental assistance is limited to twenty-four months within a 3-year time period. Short-term assistance can be provided up to three (3) months and medium-term assistance is limited to twenty-four (24) months. The amount of rent assistance provided must be the least amount needed to stabilize clients in their permanent housing. Rent arrears assistance is defined as: past due rent owed to a current landlord (24 CFR 576.400(e)(3)(iii). 10. Determining Type, Amount, and Duration of Housing Stabilization and/or Relocation Services Provided to Client Type of Housing Stabilization and/or Relocation Services is limited to financial assistance costs and service costs, subject to the general conditions and restrictions identified under 24 CFR 576.103 and 576.104. Security deposits are limited to no more than 2 month’s rent. A last month’s rent must not exceed one month's rent and must be included in calculating the program participant's total rental assistance, which cannot exceed 24 months during any 3-year period. Utility payments are limited to up to 24 months per client, per service, including up to 6 months of arrears, per service. Eligible utility services are gas, electric, water, and sewage. No program participant shall receive more than 24 months of utility assistance within any 3-year period. ESG funds may be used to pay cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to facilitate housing stability for a program participant who resides in permanent housing or to assist a program participant in overcoming immediate barriers to obtaining housing. This assistance cannot exceed 30 days during the period the program participant is seeking permanent housing and cannot exceed 24 months during the period the program participant is living in permanent housing. Mediation services are allowable, provided that the mediation is necessary to prevent the program participant from losing the permanent housing in which the client currently resides. Legal services must be necessary to resolve a legal problem that prohibits the client from obtaining permanent housing or will likely result in the client losing the permanent housing in which they currently reside. Credit repair does not include the payment or modification of a debt. Financial assistance cannot be provided to a client who is receiving the same type of assistance through other public sources or to a client who has been provided with replacement housing payments under the URA, during the period of time covered by the URA payments. Except for housing stability case management, the total period for which any client may receive assistance must not exceed 24 months during any 3-year period. The limits on the assistance apply to the total assistance an individual receives, either as an individual or as part of a family. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 464 11 B. HMIS Data Collection All data on persons served and all activities funded with ESG must be entered into HMIS . The purpose of HMIS is to record and store client-level information about the numbers, characteristics, and needs of homeless and at risk homelessness persons who receive program assistance. Domestic Violence Victim service providers are prohibited from entering data in HMIS; however, they are required to maintain comparable databases of their own design which provide aggregate information and data consistent with HMIS data collection requirements. Projects serving survivors of domestic violence where the recipient is not a victim services provider are required to enter data in their HMIS. Data entry requirements for shelters are: Emergency or transitional shelters, day or mass shelters, or hotel/motel vouchers are required to collect data and report outcomes using the Entry/Exit method of data collection. Shelters which meet the three criteria below may be set up in HMIS to use the Night-by- Night method of tracking shelter use:  The shelter serves a large number of clients on a nightly basis;  Clients are permitted to spend nights at the shelter on an irregular basis; and  There is a high degree of client turnover. Night-by-Night (NBN) shelters, which use a bed-night tracking method, will have a project start date for the night the client first stayed and will allow clients to re-enter as necessary without “exiting and restarting” for each stay for a specified period. Data collection involves recording, in HMIS, contacts with each person served. A contact is defined as the date of an interaction between a worker and a client designed to engage the client. All client contact must be recorded. Engagements must also be recorded. An engagement is an interaction which results in a formalized assessment or discussion. The date of engagement should be entered into HMIS at the point when the client has been engaged by the shelter worker. With the NBN method:  All data required to be collected, is collected at project entry; and  The duration of each stay can be accurately aggregated to calculate each client’s total length of stay in the project. Regardless of the method used to track shelter use, Sub-Recipients must be able to determine who and how many people were served by a shelter or shelter type for any given night, based on HMIS data. For additional, detailed information about the reporting requirements, refer to the Emergency Solutions Grant Program (ESG) HMIS Program Manual at: https://www.hudexchange.info/resources/documents/ESG-Program-HMIS-Manual.pdf DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 465 12 ATTACHMENT A (See next page) DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 466 13 RENT REASONABLENESS CHECKLIST AND CERTIFICATION The subrecipient must document in the client file using the attached worksheet that the rental cost (including the utility allowance) is within the Fair Market Rent limits, and the unit is rent reasonable before financial assistance can be provided to a program participant. Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form. The subrecipient must obtain the most recent HUD Fair Market Rent limit from the City for the area that the housing unit is located. Rent reasonableness is determined on a case-by-case basis. Agencies must conduct a rent analysis for three (3) comparable unassisted units and document the basis for their rent reasonableness determinations. Key components of a comparability analysis include: If the rent for the proposed unit is at or below the allowable (average) rent, the proposed unit is eligible. If the rent for the proposed unit is above the allowable (average) rent, the proposed unit is not eligible, and therefore, another unit will need to be proposed. Subrecipient must print and maintain supporting documentation showing where the rents for the comparable units came from. This must be maintained with the completed rent reasonableness form.  Size: Only units of comparable size (both in terms of number of bedrooms and square footage) should be used.  Housing Condition: Only units in similar condition should be compared.  Location in Community/Accessibility: In many markets location is the key determinant of housing price (i.e., good/safe neighborhood, close to schools/bus routes, etc.).  Rent of Unit: Amount of rent being charged by owner.  Utilities Included: Consider the type and fuel source of utilities. Subrecipient must use the attached Housing Authority County of San Bernardino Utility Allowance sheet.  Amenities: Consider such amenities as garage, appliances and lot size. Comparable rents can be checked by using a market study, by reviewing comparable units advertised for rent, or with a note from the property owner verifying the comparability of charged rents to other units owned (for example, the landlord would document the rents paid in other units). DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 467 14 RENT REASONABLENESS CHECKLIST AND CERTIFICATION 24 CFR 576.106(d) and 24 CFR 982.507 Rent reasonableness. The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units. Proposed Unit Unit #1 Unit #2 Unit #3 Address Number of Bedrooms Approximate Square Feet Type of Unit/Construction (circle applicable type) Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Apt. 1-4 Floors Apt. 5+ Floors Duplex/Townhouse Manufactured Home Single Family Housing Condition Location/Accessibility (i.e. near schools, bus, park, etc.) Amenities Air Conditioner Garbage Disposal Air Conditioner Garbage Disposal Air Conditioner Garbage Disposal Air Conditioner Garbage Disposal (Circle all that apply) Dishwasher Washer/Dryer Dishwasher Washer/Dryer Dishwasher Washer/Dryer Dishwasher Washer/Dryer Carpet Recreational Facilities Carpet Recreational Facilities Carpet Recreational Facilities Carpet Recreational Facilities Storage Areas Parking Maintenance Service Housing Services Storage Areas Parking Maintenance Service Housing Services Storage Areas Parking Maintenance Service Housing Services Storage Areas Parking Maintenance Service Housing Services Approximately Year Built Utilities (type) Unit Rent Utility Allowance Gross Rent Handicap Accessible? CERTIFICATION: A. COMPLIANCE WITH FAIR MARKET RENT PAYMENT STANDARD FAIR MARKET RENT LIMIT FOR SIZE AND AREA OF SERVICE, PER HUD’S FAIR MARKET RENT CHART $______ ___________________ __________________ ____________ ________________________ PROPOSED CONTRACT RENT + UTILITY ALLOWANCE + FEES = PROPOSED GROSS RENT* Is the gross rent of the proposed unit at or below HUD’s Fair Market Rent (FMR)? _ Yes _No. IF YES, continue to section B below and to determine if the unit it rent reasonable. IF the rent of the proposed unit is above HUD’s FMR, ANOTHER UNIT WILL NEED TO BE PROPOSED. AND B. RENT REASONABLENESS : Calculate the average rent of the three comparable units above and ensure the rent of the proposed unit is at or below the average rent. ENTER AMOUNT OF ALLOWABLE RENT (the average of the three COMPARABLE rents for the units above) $______________. Is THE rent for the PROPOSED UNIT IS AT OR BELOW THE ALLOWABLE RENT ABOVE YES NO. IF YES, the unit is rent reasonable and YOU MAY MOVE FORWARD WITH THE UNIT. Is the answer is NO, ANOTHER UNIT WILL NEED TO BE PROPOSED. STAFF NAME: ____________________________ SIGNATURE: __________________________ DATE: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 468 15 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 469 16 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 470 17 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 471 18 DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 472 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 1 Homeless Certification Form Emergency Shelter and/or Rapid Re-Housing ESG Household Name: ____________________________________ Date: ____________________ This is certify the above individual or household is currently homeless based on the category checked and required documentation. THE GENERAL HOMELESS CERTIFICATION MUST BE COMPLETED FOR EACH HOUSEHOLD. Chronically Homeless Certification Chronically Homeless: (if chronically homeless, the General Homeless Certification must also be completed) □ Client not chronically Homeless. □ Individual or family: 1. Homeless and lives or resides in a place not meant for human habitation, a safe haven or in an emergency shelter; or 2. Has been homeless living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separa te occasions in the last three years; and 3. Has an adult head of Household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions. CATEGORY 1: Literally Homeless □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 473 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 2 CATEGORY 1: Literally Homeless (continued) 3. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness □ Individual or family who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost with 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources of support networks needed to obtain other permanent housing. Documentation must include ONE of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (Self-Certification Form); or □ A documented and verified oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use self-certification form) In addition to one of the above, documentation must include BOTH of the following: □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes □ Unaccompanied youth under 25 years of age, or families with children and yo uth, who do not otherwise qualify as homeless under this definition, but who: 1. Are defined as homeless under this listed federal statutes; 2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 474 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 3 CATEGORY 3: Homeless under Other Federal Statutes (continued) 3. Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; AND 4. Can be expected to continue in such status for an extended period of time due to special needs and barriers. Documentation must include ALL of the following: □ Certification by non-profit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; AND □ Certification of no public housing in the last 60 days; AND □ Certification by the individual or head of household, and any available supporting documentation, that he has moved 2 or more times in the past 60 days; AND □ Documentation of special needs or 2 or more barriers. CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence □ Any individual or family who: 1. Is fleeing, or is attempting to flee, domestic violence. 2. Has no other residence; AND 3. Lacks the resources or support network to obtain other permanent housing. Documentation required. For victims service providers: □ An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and the lack resources. Statement must be documented by a self-certification (Self-Certification Form) or a certification by the intake worker. For non-victim service providers (must document ALL of the following): □ An oral statement by the individual or head of household seeking assistance that they are fleei ng. This statement is documented by self-certification (Self-Certification Form) or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and □ Certification by the individual or head of household that no subsequent residence has been identified (Self-Declaration Form); and □ Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing (Se lf-Certification Form) Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: ______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 475 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 4 At Risk of Homelessness Certification Form Homeless Prevention ESG Household Name: ____________________________________________ Date: ______________ This is to certify the above individual or household is currently at risk of homelessness based on the category checked and required documentation. Check only one Category and complete only that section CATEGORY 1: Literally Homeless (Eligible for Rapid Re-Housing Assistance Only) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) □ Individual or family, who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost within 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources or support networks needed to obtain other permanent housing. 4. Has an annual income below 30% of AMI. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 476 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 5 CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) {Continued} Documentation must include ALL of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (use Self-Certification form) or □ An oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use Self-Certification form) In addition to one of the above, documentation must include BOTH of the following: □ Has an annual income below 30% of AMI (must have documentation □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial reso urces and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers. Documentation must include all of the following: Certification by the nonprofit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; and Certification of no public housing in the last 60 days; and Certification by the individual or head of household, and any available supporting documentation, that (s)he has moved 2 or more times in the past 60 days; and Documentation of special needs or 2 or more barriers. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 477 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 6 CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and (iii) Lacks the resources or support networks to obtain other permanent housing Documentation required: For victim service providers: An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and they lack resources. Statement must be documented by a self-certification (Form No. 5) or a certification by the intake worker. For non-victim service provider (must document all of the following): Oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by a self-certification (Form No. 5) or by the caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and Certification by the individual or head of household that no subsequent residence has been identified (use Self-Certification form); and Self-certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing. AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only) CHECK ONLY ONE CATEGORY AND COMPLETE ONLY THAT SECTION CATEGORY 1: An individual or family: (must have income 30% below AMI, lack sufficient resources and meets one of the following risk factors □ Has an annual income below 30% of AMI (must have documentation of income eligibility); and □ Lacks sufficient resources or support networks immediately available to prevent homelessness (must complete Self-Certification Form or provide documentation when practical such as termination notice, Unemployment compensation statement, bank statement, healthcare/Utility bill showing arrears). AND meets ONE of the following risk factors with acceptable documentation: Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 478 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 7 CATEGORY 1: (continued) To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient’s or subreciepient’s intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient’s or subrecipient’s intake staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient’s or subr ecipient’s intake staff describing the efforts taken to obtain the required evidence. □ RISK 1: Persistent housing instability – has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria): □ Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate). □ RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria): □ Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appro priate); and □ Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). □ RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistan ce: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria): □ If tenant/homeowner: eviction notice, court order to leave within 21 days; or □ If living with another (doubled up): eviction letter from tenant/homeowner. □ Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria): □ Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 479 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 8 CATEGORY 1: (continued) □ Cost have not covered by charitable organization or government program: documentation – cancelled check. □ RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following). □ Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor’s Office, Intake Observation. □ RISK 6: Exiting publicly funded institution or system of care (must document the following): □ Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter □ RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example: being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include): □ Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing. CATEGORY 2: Unaccompanied Children and Youth □ A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal Statute (must document the following): □ Written Verification of Homeless Status must be provided by agency administering applicable Federal program. CATEGORY 3: Families with Children and Youth □ An unaccompanied youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) or that child or youth if living with him or her (must document the following): □ Must have documentation of homeless status, which may be a letter or referral provided by the agency administering the Federal Program AND must confirm family/guardian is residing with children/youth. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 480 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 9 ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form: _________________________________________________________________________________________ __________________________________________________________________________________________ If self-certification was used, describe efforts to obtain third party certification: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 481 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 10 Verification Tracking of Income Head of Household: _______________________________________________ Date: _____________ □ Intake/Screening □ Three-month Certification Agencies must record all attempts to obtain required verification in the order specified: Step 1: Third Party Source: Were verification documents provided by the client? □ Yes - Complete Income Calculation Worksheet to determine eligibility □ No – Proceed to Third Party Written (Provide Explanation). Go to Step 2 If income could not be verified by Step 1 Step 2: Third-Party Written: Request verification of income from stated income source(s). Date of Written Request: ______________________ (Retain copy of Request in Client’s File) □ Documents received within 10 business days – Complete Income Calculation Worksheet. □ Documents not received within 10 business days – Proceed to Third-Party Oral. Go to Step 3, If Income could not be verified in Step 2. Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information. Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If sufficient income information is provided, complete Income Calculation Worksheet to determine Eligibility. Otherwise, proceed to Step 4, Self-Certification. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 482 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 11 Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and 3. □ I certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge. Source: _________________________________ Amount: _______________________ Frequency: _________ Source: _________________________________ Amount: _______________________ Frequency: _________ □ I certify, under penalty of perjury, that I do not have income from any source at this time. This is true and correct to best of my knowledge. Client Signature: _______________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 483 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 12 Self-Certification Form Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility. This section is to be completed by the applicant/participants Date: ________________________________ Name of Head of Household: ___________________________________________________________________ Unit Address: __________________________________________________________________________________________ Street Address Apt# City State Zip Code If no address, City of Homelessness: ______________________________________________________ Telephone Number: (_________)__________-__________________ Email Address: ___________________________________________________________ Self-Certification of: □ Lack of sufficient financial resources and/or support networks and subsequent residence has been identified; □ Fleeing Domestic Violence; □ Living on street or in shelter; □ Exiting from institution; □ Other Please Describe: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 484 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 13 Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form i s true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided. Signature: __________________________________________________________ Date: __________ Witness: ____________________________________________________________ Date: __________ Warning: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any department or Agency of the United States as to any matter within the jurisdiction. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 485 EXHIBIT "F" FORMS [Behind this page.] DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 486 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 1 Homeless Certification Form Emergency Shelter and/or Rapid Re-Housing ESG Household Name: ____________________________________ Date: ____________________ This is certify the above individual or household is currently homeless based on the category checked and required documentation. THE GENERAL HOMELESS CERTIFICATION MUST BE COMPLETED FOR EACH HOUSEHOLD. Chronically Homeless Certification Chronically Homeless: (if chronically homeless, the General Homeless Certification must also be completed) □ Client not chronically Homeless. □ Individual or family: 1. Homeless and lives or resides in a place not meant for human habitation, a safe haven or in an emergency shelter; or 2. Has been homeless living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separa te occasions in the last three years; and 3. Has an adult head of Household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions. CATEGORY 1: Literally Homeless □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 487 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 2 CATEGORY 1: Literally Homeless (continued) 3. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness □ Individual or family who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost with 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources of support networks needed to obtain other permanent housing. Documentation must include ONE of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (Self-Certification Form); or □ A documented and verified oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use self-certification form) In addition to one of the above, documentation must include BOTH of the following: □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial resources and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes □ Unaccompanied youth under 25 years of age, or families with children and yo uth, who do not otherwise qualify as homeless under this definition, but who: 1. Are defined as homeless under this listed federal statutes; 2. Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 488 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 3 CATEGORY 3: Homeless under Other Federal Statutes (continued) 3. Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; AND 4. Can be expected to continue in such status for an extended period of time due to special needs and barriers. Documentation must include ALL of the following: □ Certification by non-profit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; AND □ Certification of no public housing in the last 60 days; AND □ Certification by the individual or head of household, and any available supporting documentation, that he has moved 2 or more times in the past 60 days; AND □ Documentation of special needs or 2 or more barriers. CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence □ Any individual or family who: 1. Is fleeing, or is attempting to flee, domestic violence. 2. Has no other residence; AND 3. Lacks the resources or support network to obtain other permanent housing. Documentation required. For victims service providers: □ An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and the lack resources. Statement must be documented by a self-certification (Self-Certification Form) or a certification by the intake worker. For non-victim service providers (must document ALL of the following): □ An oral statement by the individual or head of household seeking assistance that they are fleei ng. This statement is documented by self-certification (Self-Certification Form) or by a caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and □ Certification by the individual or head of household that no subsequent residence has been identified (Self-Declaration Form); and □ Self-Certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing (Se lf-Certification Form) Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: ______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 489 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 4 At Risk of Homelessness Certification Form Homeless Prevention ESG Household Name: ____________________________________________ Date: ______________ This is to certify the above individual or household is currently at risk of homelessness based on the category checked and required documentation. Check only one Category and complete only that section CATEGORY 1: Literally Homeless (Eligible for Rapid Re-Housing Assistance Only) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Has a primary nighttime residence that is a public or private place not meant for habitation; or 2. Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelter, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs). To certify homeless status for the above, must provide documentation of 1 of the following: □ Written Observation by the Outreach Worker; or □ Written referral by another housing or service provider; or □ Certification by the individual or head of household seeking assistance stating that he was living on the streets or in shelter (Self-Certification Form) □ Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: 1. Is exiting an institution where he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution (documentation must include one of the above forms of evidence AND one of the following). □ Discharge paperwork or written/oral referral; or □ Written record of intake worker’s due to diligence to obtain above evidence and certification by individual that they exited institution (Self-Certification Form). CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) □ Individual or family, who will imminently lose their primary nighttime residence, provided that: 1. Residence will be lost within 14 days of the date of application for homeless assistance; 2. No subsequent residence has been identified; and 3. The individual or family lacks the resources or support networks needed to obtain other permanent housing. 4. Has an annual income below 30% of AMI. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 490 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 5 CATEGORY 2: Imminent Risk of Homelessness (Eligible for Homelessness Prevention Only) {Continued} Documentation must include ALL of the following: □ A court order resulting from an eviction action notifying the individual or family that they must leave; or □ For individual and families leaving a hotel or motel – evidence that they lack the financial resources to stay (use Self-Certification form) or □ An oral statement that residence will be lost within 14 days of the date of application for homeless assistance that if verified by an intake worker or □ If the intake worker is unable to verify the oral statement, must document due diligence in attempting to obtain verification and obtain written certification by the individual or head of household seeking assistance (use Self-Certification form) In addition to one of the above, documentation must include BOTH of the following: □ Has an annual income below 30% of AMI (must have documentation □ Certification that no subsequent residence has been identified (use self-certification form); AND □ Self-Certification or other written documentation that the individual lack the financial reso urces and support necessary to obtain permanent housing (Self-Certification Form). CATEGORY 3: Homeless under Other Federal Statutes Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under the other listed federal statutes; (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (iii) Have experienced persistent instability as measured by 2 moves or more during the preceding 60 days; and (iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers. Documentation must include all of the following: Certification by the nonprofit or state or local government that the individual or head of household seeking assistance met the criteria of homelessness under another federal statute; and Certification of no public housing in the last 60 days; and Certification by the individual or head of household, and any available supporting documentation, that (s)he has moved 2 or more times in the past 60 days; and Documentation of special needs or 2 or more barriers. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 491 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 6 CATEGORY 4: Fleeing/Attempting to Flee Domestic Violence Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence; (ii) Has no other residence; and (iii) Lacks the resources or support networks to obtain other permanent housing Documentation required: For victim service providers: An oral statement by the individual or head of household seeking assistance which states: they are fleeing; they have no subsequent residence; and they lack resources. Statement must be documented by a self-certification (Form No. 5) or a certification by the intake worker. For non-victim service provider (must document all of the following): Oral statement by the individual or head of household seeking assistance that they are fleeing. This statement is documented by a self-certification (Form No. 5) or by the caseworker. Where the safety of the individual or family is not jeopardized, the oral statement must be verified; and Certification by the individual or head of household that no subsequent residence has been identified (use Self-Certification form); and Self-certification, or other written documentation, that the individual or family lacks the financial resources and support networks to obtain other permanent housing. AT RISK OF HOMELESSNESS (Eligible for Homelessness Prevention Only) CHECK ONLY ONE CATEGORY AND COMPLETE ONLY THAT SECTION CATEGORY 1: An individual or family: (must have income 30% below AMI, lack sufficient resources and meets one of the following risk factors □ Has an annual income below 30% of AMI (must have documentation of income eligibility); and □ Lacks sufficient resources or support networks immediately available to prevent homelessness (must complete Self-Certification Form or provide documentation when practical such as termination notice, Unemployment compensation statement, bank statement, healthcare/Utility bill showing arrears). AND meets ONE of the following risk factors with acceptable documentation: Acceptable documentation of risk factors includes source documents that evidence one or more of the conditions is met (e.g., eviction notice, notice of termination from employment, bank statement). OR DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 492 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 7 CATEGORY 1: (continued) To the extent that the source documents are unobtainable, a written statement by the relevant third party (e.g., former employer, owner, primary leaseholder, public administrator, hotel or motel manager) or the written certification by the recipient’s or subreciepient’s intake staff of the oral verification by the relevant third party that the applicant meets one or more of the criteria OR To the extent that source documents and third-party verification are unobtainable, a written statement by the recipient’s or subrecipient’s intake staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the criteria or, if a visit is not practicable or relevant to the determination, a written statement by the recipient’s or subr ecipient’s intake staff describing the efforts taken to obtain the required evidence. □ RISK 1: Persistent housing instability – has moved because of economic reason 2 or more times during the 60 days immediately preceding the application for assistance (must document the following 2 criteria): □ Housing history must demonstrate 2 or more moves within 60 days; documentation may include HMIS records, referral form housing/service provider, letter from tenant/owner (Intake Observation NOT Appropriate). □ RISK 2: Living in the home of another because of economic hardship (must document 2 of the following criteria): □ Housing must be in the home of another (i.e. doubled up): documentation may include letter from tenant/homeowner (Intake Observation NOT Appro priate); and □ Economic reasons may include termination from employment, unexpected medical cost, inability to maintain housing including utilities, etc.: Documentation may include notice to termination, healthcare bills indicating arrears, utility bills indicating arrears (Intake Observation NOT Appropriate). □ RISK 3: Housing loss within 21 days- has been notified their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistan ce: notification to leave within 21 days must be written and only third party source/written is appropriate (must document 1 of the following criteria): □ If tenant/homeowner: eviction notice, court order to leave within 21 days; or □ If living with another (doubled up): eviction letter from tenant/homeowner. □ Risk 4: Living in a rented hotel or motel and is not paid for by charitable organization or by Federal, State or Local Government programs for low-income individuals (must document the following 2 criteria): □ Housing must be in a hotel/motel: documentation may include either letter from hotel/motel manager or intake observation; and DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 493 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 8 CATEGORY 1: (continued) □ Cost have not covered by charitable organization or government program: documentation – cancelled check. □ RISK 5: Living in a severely over-crowded united as defined by US Census Bureau: lives in an SRO or efficiency apartment unit in which there resides more than 2 persons or live in a larger housing unit in which there resides more than 1 ½ persons per room (must document the following). □ Number of rooms in unit AND number of individuals living in the unit: documentation may include lease, unit details from Tax Assessor’s Office, Intake Observation. □ RISK 6: Exiting publicly funded institution or system of care (must document the following): □ Discharge form healthcare facility, mental health facility, foster care or other youth facility or correction program: documentation - discharge paperwork or referral letter □ RISK 7: Living in housing associated with instability and an increased risk of homelessness. For example: being a young household with a young child, lacking transportation to work, or other circumstances or barriers as identified in your community, (documentation must include): □ Self-certification (Self-Certification Form) or other written documentation describing the circumstances and that the individual or family lacks financial resources and support network to obtain other permanent housing. CATEGORY 2: Unaccompanied Children and Youth □ A child or youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under another Federal Statute (must document the following): □ Written Verification of Homeless Status must be provided by agency administering applicable Federal program. CATEGORY 3: Families with Children and Youth □ An unaccompanied youth who does not qualify as homeless under the homeless definition, but qualifies as homeless under section 725(2) of the McKinney-Vento Homeless Assistance Act, and the parent(s) or guardian(s) or that child or youth if living with him or her (must document the following): □ Must have documentation of homeless status, which may be a letter or referral provided by the agency administering the Federal Program AND must confirm family/guardian is residing with children/youth. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 494 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 9 ALL PROGRAMS MUST COMPETE BELOW, REGARDLESS OF ELIGIBILITY CATEGORY Describe the documentation obtained and attached to this form: _________________________________________________________________________________________ __________________________________________________________________________________________ If self-certification was used, describe efforts to obtain third party certification: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Intake Staff Name: __________________________________________________________________________ Intake Staff Signature: ___________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 495 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 10 Verification Tracking of Income Head of Household: _______________________________________________ Date: _____________ □ Intake/Screening □ Three-month Certification Agencies must record all attempts to obtain required verification in the order specified: Step 1: Third Party Source: Were verification documents provided by the client? □ Yes - Complete Income Calculation Worksheet to determine eligibility □ No – Proceed to Third Party Written (Provide Explanation). Go to Step 2 If income could not be verified by Step 1 Step 2: Third-Party Written: Request verification of income from stated income source(s). Date of Written Request: ______________________ (Retain copy of Request in Client’s File) □ Documents received within 10 business days – Complete Income Calculation Worksheet. □ Documents not received within 10 business days – Proceed to Third-Party Oral. Go to Step 3, If Income could not be verified in Step 2. Step 3: Third-Party Oral: Intake staff contact third-party sources identified by the household. Record date, source(s) contacted and Income or reason (s) for not obtaining Information. Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Date of Oral Request: ____________________ Source: _________________________ Amount: ______ Additional Income Information or Reason for not obtaining information: _________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ If sufficient income information is provided, complete Income Calculation Worksheet to determine Eligibility. Otherwise, proceed to Step 4, Self-Certification. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 496 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 11 Step 4: Self-Certification: ONLY use step 4 to verify income after attempting and documenting Steps 1,2, and 3. □ I certify, under penalty of perjury, that the information I have provided on this form is true and correct, to the best of my knowledge. Source: _________________________________ Amount: _______________________ Frequency: _________ Source: _________________________________ Amount: _______________________ Frequency: _________ □ I certify, under penalty of perjury, that I do not have income from any source at this time. This is true and correct to best of my knowledge. Client Signature: _______________________________________________________ Date: _______________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 497 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 12 Self-Certification Form Instructions: This form is to be completed by the applicants or program participants when they are unable to provide required verification or other documents and self-certification is the only way the agency is able to verify information related to ESG program eligibility. This section is to be completed by the applicant/participants Date: ________________________________ Name of Head of Household: ___________________________________________________________________ Unit Address: __________________________________________________________________________________________ Street Address Apt# City State Zip Code If no address, City of Homelessness: ______________________________________________________ Telephone Number: (_________)__________-__________________ Email Address: ___________________________________________________________ Self-Certification of: □ Lack of sufficient financial resources and/or support networks and subsequent residence has been identified; □ Fleeing Domestic Violence; □ Living on street or in shelter; □ Exiting from institution; □ Other Please Describe: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 498 City of San Bernardino Economic and Housing Department Emergency Solutions Grant 13 Certification: I hereby certify, under penalty of perjury, that the information I have provided on this form i s true and correct, to the best of my knowledge, and that I do not have any documents or forms in my possession, nor am I able to obtain such documents to verify homelessness. At risk of homelessness, income or other information hereby provided. Signature: __________________________________________________________ Date: __________ Witness: ____________________________________________________________ Date: __________ Warning: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful false statements or misrepresentations to any department or Agency of the United States as to any matter within the jurisdiction. DocuSign Envelope ID: 4C148127-8978-4172-B65D-24ECDC3BB8AB       Packet Pg. 499 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT By and Between the CITY OF SAN BERNARDINO and INLAND FAIR HOUSING AND MEDIATION BOARD DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 500 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT THIS COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT (this “Agreement”), dated for purposes of identification as of March 15, 2023 (the “Date of Agreement”), is made and entered into by and between CITY OF SAN BERNARDINO, a municipal corporation and charter city (the “City”), and INLAND MEDIATION BOARD, a California nonprofit public benefit corporation, d/b/a Inland Fair Housing And Mediation Board (the “Subrecipient”). RECITALS A. The City is the recipient of funds (the “CDBG Funds”) from the United States Department of Housing and Urban Development (“HUD”) under the Community Development Block Grant (“CDBG”) Program for Fiscal Year 2022-2023. B. Subrecipient is eligible to receive, and has submitted an application to receive, a subgrant of CDBG funds for Fiscal Year 2022-2023 to defray certain operational costs for providing certain services to the community (hereinafter defined as “Subrecipient’s Services”). C. Subrecipient’s application for a subgrant of CDBG Funds was approved by the City Council of the City, subject to (i) approval by HUD of the City’s CDBG Application for Fiscal Year 2022-2023, and (ii) the execution by the City and Subrecipient of an agreement containing substantially the terms and conditions set forth in this Agreement. D. Subsequent to the City’s approval of Subrecipient’s application, HUD approved the City’s CDBG Application for Fiscal Year 2022-2023. E. The City and the Subrecipient (each, a “Party” and jointly, the “Parties”) desire to enter into this Agreement so that Subrecipient may receive a grant of a portion of the CDBG Funds in consideration for the provision of Subrecipient’s Services to the City and the community. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE CITY AND THE SUBRECIPIENT AGREE AS FOLLOWS: DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 501 2 CONTACT INFORMATION City of San Bernardino: Community and Economic Development Department Charles E. McNeely Title: Interim City Manager Address: 201 North E Street City: San Bernardino State, CA Zip: 92401 Telephone: 909-384-7258 Subrecipient Organization: Inland Mediation Board, a California non- profit public benefit corporation, d/b/a Inland Fair Housing and Mediation Board By: Carmen I. Garcia Title: President and Chief Executive Officer Address: 1500 S. Haven Ave, Ste 100 City: Ontario State: CA Zip: 91761 Telephone: 909 984-2254 x 153 CFDA Number and Name: 14.218 Community Development Block Grant (CDBG) Federal Award Date: (The date when the federal award is signed by the authorized official of the federal awarding agency.) CDBG Funds Obligated IDIS Activity: # Program Year: 2022-2023 Amount: $73,000.00 Total Amount of CDBG Funds Obligated: $ DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 502 3 Definitions. The following capitalized terms used in this Agreement shall have the following meanings: “Agreement” means this Community Development Block Grant Subrecipient Agreement by and between the City and the Subrecipient. “Budget” means the budget supplied by Subrecipient which (i) specifies how Subrecipient proposes that the Subgrant Proceeds be allocated among the following permitted uses: Rehabilitation Construction Costs, Construction Soft Costs and Administrative Costs, and (ii) is attached hereto as Exhibit B and incorporated herein by this reference. “CDBG” is defined in Recital A hereof. “CDBG Funds” is defined in Recital A hereof. “CFR” means the Code of Federal Regulations. “City” is defined in the initial paragraph of this Agreement and includes any assignee of or successor to the rights, powers and responsibilities of the City. The Director of the Department of Community and Economic Development of the City of San Bernardino, or such person’s designee (hereinafter defined as the “City’s Representative”) shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act on behalf of the City unless this Agreement specifically provides otherwise or the context should otherwise require. “City’s Representative” means the Executive Director of the City’s Community Development Department, or such person’s designee. “Costs” means the supplies and materials necessary to provide Subrecipient’s Services, including, without limitation, mileage and telephone costs. “Covenants Re: Use of Federal Funds” means those additional covenants of Subrecipient required due to the federal source of the Subgrant Proceeds which are attached hereto as Exhibit C and incorporated herein by this reference. “Default” is defined in Section 6.1 hereof. “Eligible Household” refers to low income households, whose gross annual income may not exceed the low-income limits defined as up to 80 percent of the San Bernardino County area median income (AMI) adjusted for household size and determined annually by the U.S. Department of Housing and Urban Development (HUD). “HUD” is defined in Recital A hereof. “Maximum Amount of Subgrant” means $73,000.00. “Parties” is defined in Recital E hereof. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 503 4 “Program Income” means gross income received by Subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. See Exhibit D attached hereto and 24 CFR § 570.500(a) for a more detailed description of Program Income. “Progress Reports” is defined in Section 2 of the Scope of Services. “Salary and Benefits” means the reasonable salary and benefits to be paid by Subrecipient to Staff. “Scope of Services” means the description of the Subrecipient’s Services that is attached hereto as Exhibit A and incorporated herein by this reference. “Staff” means each of the persons, individually, and all of the persons, collectively, hired by the Subrecipient to provide Subrecipient’s Services under this Agreement. “Subgrant” is defined in Section 1.1 hereof. “Subgrant Proceeds” means the proceeds of the Subgrant. “Subrecipient” is defined in the initial paragraph of this Agreement. The Subrecipient’s Representative shall represent Subrecipient in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by Subrecipient, the Subrecipient’s Representative is authorized to act on behalf of Subrecipient unless this Agreement specifically provides otherwise or the context should otherwise require. “Subrecipient’s Representative” means President, and Chief Executive Officer, Carmen I. Garcia. “Subrecipient’s Services” means the services provided by Subrecipient pursuant to this Agreement and includes, but is not limited to, the provision of the services set forth in the Scope of Services. “Rehabilitation Costs” means costs associated with the completion of City approved projects as outlined in Exhibit A. “Term” is defined in Section 3 hereof. “Term Expiration Date” means [June 30, 2023] Section 1. Subgrant. 1.1 Maximum Amount of Subgrant. It is expressly agreed and understood that the total amount to be paid by the City under this agreement shall not exceed $73,000. The dollar amount stated in the preceding sentence may be increased by written amendment of the Agreement, signed by an authorized representative of Subrecipient and the Director. 1.2 Budget. Subrecipient has submitted a budget (based upon estimated costs and administrative costs per Section 1.3 hereof) to the City for approval which sets forth the estimated use of the CDBG funds contributed by the City pursuant to this agreement. The Budget is attached hereto DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 504 5 as Exhibit B. Any amendments to an approved budget for the Services must be approved by the City’s Director or his authorized designee. The City may require a more detailed line item breakdown of the Budget than the one contain herein, and the. Subrecipient shall provide each supplementary information about the Budget in a timely fashion in the form and content prescribed by the City. 1.3 Reimbursement of Rehabilitation and Project Management Costs. City shall reimburse Subrecipient for Costs actually disbursed pursuant to this Agreement and in accordance with the approved Scope of Services. City’s payment obligations shall be limited to the actual amount of Costs disbursed by the Subrecipient in accordance with the terms of this Agreement and the approved Budget. 1.4 Requests for Payment. To receive each payment under this agreement, Subrecipient shall submit to the City a written reimbursement request or invoice in a form approved by the City, along with such supporting documentation as may be requested by the City to verify Subrecipient’s performance of the Services for which payment is requested. Payments will be adjusted by the City in accordance with fund advances, if any, and program income balances available in Subrecipient accounts. 1.5 Fiscal Limitations. The United States of America, through HUD, may in the future place programmatic or fiscal limitations on CDBG Funds not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of such actions. In the event of funding reduction, the City may reduce the budget for this Agreement as a whole or may limit the rate by which Subrecipient receives the Subgrant for providing Subrecipient’s Services. If HUD directs the City to implement a reduction in funding, the City’s Representative may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. Where the City’s Representative has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Agreement of Subrecipient, the City’s Representative may act for the City in suspending the operation of this Agreement for up to sixty (60) days upon three (3) days’ notice to Subrecipient of the City’s intention to so act, pending an audit or other resolution of such questions. 1.6 Programs Utilizing Multiple Funding Sources. For programs in which there are sources of funds in addition to CDBG Funds, Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by Subrecipient which are funded by other sources. All restrictions and/or requirements provided for in this Agreement relative to accounting, budgeting and reporting apply to the total program regardless of funding sources. 1.7 Use of Subgrant Proceeds. Subrecipient shall use the Subgrant Proceeds to pay for (i) Salary and Benefits, and (ii) Costs, only and for no other purpose. 1.8 Use of Federal Funds. Subrecipient acknowledges and agrees that the Subgrant is funded from CDBG Funds allocated to the City by the United States of America through HUD. Accordingly, Subrecipient hereby provides to the City those covenants set forth in the Covenants Re: Use of Federal Funds. Section 2. Subrecipient’s Services. 2.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Subrecipient shall provide the Subrecipient’s Services, as more fully set forth in the Scope DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 505 6 of Services, Exhibit A. Subrecipient represents and warrants that all Subrecipient’s Services to be provided hereunder shall be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 2.2 Agreement and Provision of Services Nonexclusive. Subrecipient acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that the City may enter into similar agreements with other entities for the provision of similar services. 2.3 Time for Performance. Time is of the essence in the performance of this Agreement. Subrecipient shall perform and complete all of Subrecipient’s Services in a timely and expeditious manner. Subrecipient shall not be responsible for delays caused by circumstances beyond its reasonable control, provided that Subrecipient has delivered to the City written notice of the cause of any such delay within ten (10) days of the occurrence of such cause. 2.4 Subrecipient’s Proposal. The Scope of Services shall include the Subrecipient’s proposal or bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 2.5 Compliance with Law. Subrecipient’s Services shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and any Federal, State or local governmental agency of competent jurisdiction. 2.6 Licenses, Permits, Fees and Assessments. Subrecipient shall obtain, at Subrecipient’s sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of Subrecipient’s Services. Subrecipient shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the services required by this Agreement. 2.7 Nondiscrimination. Subrecipient agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of Subrecipient’s Services. To the extent this Agreement provides that Subrecipient offer accommodations or services to the public, such accommodations or services shall be offered by Subrecipient to the public on fair and reasonable terms. 2.8 Familiarity with Work. By executing this Agreement, Subrecipient represents and warrants that Subrecipient (i) has thoroughly investigated and considered Subrecipient’s Services to be performed, (ii) has carefully considered how Subrecipient’s Services should be provided and (iii) fully understands the facilities, difficulties and restrictions attending the provision of Subrecipient’s Services under this Agreement. Should the Subrecipient discover any latent or unknown conditions materially differing from those inherent in the provision of Subrecipient’s Services or as represented by the City, Subrecipient shall immediately inform the City of such fact and shall not proceed except at Subrecipient’s risk until written instructions are received from the City. 2.9 Inspection. The City and HUD and their agents and representatives shall have the right at any reasonable time to observe the provision of Subrecipient’s Services. The City is under no duty to supervise the provision of Subrecipient’s Services. Any inspection or examination by the City is for DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 506 7 the sole purpose of protecting and preserving the City’s rights under this Agreement. No default of Subrecipient shall be waived by any inspection by the City. In no event shall any inspection by the City be a representation that there has been or will be compliance with this Agreement or that Subrecipient is in compliance with any federal, state and local laws, ordinances, regulations and directives applicable to the performance of this Agreement or the provision of Subrecipient’s Services. Subrecipient shall make or cause to be made such other independent inspections as Subrecipient may desire for Subrecipient’s own protection. Section 3. Term. This Agreement shall be for a term (the “Term”) commencing on July 1, 2022 and terminating on the June 31, 2023, subject to earlier termination as provided in Subsection 5.1.4 or Section 6 hereof. Section 4. Coordination of Services. 4.1 City’s Representative. The City’s Representative shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require. 4.2 Subrecipient’s Representative. Subrecipient’s Representative shall represent the Subrecipient in all matters pertaining to this Agreement. Subrecipient’s Representative is authorized to act on Subrecipient’s behalf with respect to the services and work to be provided hereunder and make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principal are a substantial inducement for the City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Subrecipient and devoting sufficient time to personally supervise the provision of Subrecipient’s Services hereunder. The foregoing principal may not be changed by Subrecipient and no other personnel may be assigned to supervise the Subrecipient’s Services to be provided hereunder without the express written consent of the City. 4.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to City. This is a personal services contract and the Subrecipient was chosen on the basis of characteristics unique to the Subrecipient. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment, transfer, encumbrance, pledge, subuse, or permission. 4.4 Independent Contractor. Subrecipient and any agent or employee of Subrecipient shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Subrecipient’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient. Subrecipient shall not have authority to act as an agent on behalf of City unless specifically authorized to do so in writing. Subrecipient acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Subrecipient and is not contributing to any fund on its behalf. Subrecipient disclaims the right to any fee or benefits except as expressly provided for in this Agreement. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 507 8 As respects all acts or omissions of Subrecipient relating to Subrecipient’s responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Subrecipient, the Subrecipient agrees to indemnify, defend (at the City’s option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Subrecipient’s performance or failure to perform under this Section. Section 5. Insurance and Indemnification. 5.1 Insurance. Without limiting City’s right to indemnification, it is agreed that Subrecipient shall secure prior to commencing any activities under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section 5.1. 5.1.1 Required Insurance Coverage. Subrecipient shall secure and maintain the following insurance coverage: (a) Workers’ Compensation Insurance as required by California statutes; (b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad-Form Property Damage, Independent Contractor’s Liability and Fire Damage Legal Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and (c) Comprehensive Automobile Liability coverage, including - as applicable - owned, non- owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. The City’s Representative, with the consent of the City’s Risk Manager, is hereby authorized to reduce the requirements set forth above in the event they determine that such reduction is in City’s best interest. 5.1.2 Required Clauses in Policies. Each policy of general liability and automobile insurance required by this Agreement shall contain the following clauses: “Written notice of cancellation shall be delivered to the Economic and Housing Development Department of the City of San Bernardino, 290 North D Street, San Bernardino, CA 92401-1734 in accordance with the policy provisions.” “It is agreed that any insurance maintained by the City of San Bernardino shall apply in excess of and not contribute with insurance provided by this policy.” “The City of San Bernardino, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of San Bernardino.” DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 508 9 Subrecipient hereby agrees to waive subrogation which any insurer of the Subrecipient may acquire from the Subrecipient by virtue of the payment of any loss. If requested by City, Subrecipient agrees to obtain and deliver to City an endorsement from Subrecipient’s general liability and automobile insurance insurer(s) to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the subrecipient, its employees and subcontractors. 5.1.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Subrecipient shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by City, it shall be the Subrecipient’s responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements effecting the coverage required by these specifications. 5.1.4 Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Subrecipient fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: (a) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement; (b) Order the Subrecipient to stop work under this Agreement and/or withhold any payment(s) which become due to the Subrecipient hereunder until the Subrecipient demonstrates compliance with the requirements hereof; or (c) Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Subrecipient’s failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which the Subrecipient may be held responsible for payment of damages to persons or property resulting from the Subrecipient’s or its subcontractor’s performance of Subrecipient’s Services under this Agreement. 5.2 Indemnification. As respects acts, errors or omissions in the performance of Subrecipient’s Services under this Agreement, the Subrecipient agrees to indemnify and hold harmless the City, its officers, agents, employees, representatives and volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of the Subrecipient’s acts, errors or omissions in the performance of Subrecipient’s Services under the terms of this Agreement. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 509 10 Section 6. Enforcement of Agreement. 6.1 Events of Default. For purposes of this Section 6, the word “Default” shall mean the failure of Subrecipient to perform any of Subrecipient’s duties or obligations or the breach by Subrecipient of any of the terms and conditions set forth in this Agreement. In addition, Subrecipient shall be deemed to be in Default upon Subrecipient’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii) being adjudged bankrupt, (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing), or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution, or seizure of all or a substantial portion of Subrecipient’s assets or of Subrecipient’s interests hereunder. City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Subrecipient specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City’s obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. 6.2 Immediate Termination for Subrecipient’s Default. In the event of any Default by Subrecipient, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Subrecipient of written notice from City. In such event, Subrecipient shall have no further rights hereunder; City shall have all other rights and remedies as provided by law. 6.3 Attorneys’ Fees. City and Subrecipient agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys’ fees, incurred in connection with such litigation. Section 7. Use and Ownership of Documents and Data. 7.1 Data to be Furnished by City. City shall furnish to Subrecipient such documents and materials as may be relevant and pertinent to the provision of services hereunder as City may possess or acquire. 7.2 Ownership of Documents. All documents and materials furnished by the City to Subrecipient pursuant to Section 7.1 hereof shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All documents and materials prepared by Subrecipient hereunder shall become the property of the City at the time of payment to Subrecipient of all fees and expenses for their preparation, and shall be delivered to the City by Subrecipient at the request of the City. The documents and materials prepared by Subrecipient hereunder shall not be used by the City or others, except for the purpose for which they were intended. The City agrees not to associate Subrecipient’s name with any documents or materials not prepared by Subrecipient. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 510 11 Section 8. Records, Reports and Audits. 8.1 Records and Reports. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports on a quarterly basis and in the format acceptable to the City to assure proper accounting of all CDBG Funds. Subrecipient shall furnish such information which, in the judgment of the City’s Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the CDBG Program. 8.2 Monitoring. The City may conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of the City and HUD shall have the right of access to all activities and facilities operated by Subrecipient in connection with this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at all pertinent staff, board of directors, advisory committee, and advisory board meetings and inspection by the City and HUD. Subrecipient shall ensure that its employees and board members furnish such information as, in the judgment of the City and HUD may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the CDBG Program. Section 9. Miscellaneous Provisions. 9.1 Waiver. Inaction by City or Subrecipient with respect to a Default hereunder shall not be deemed to be a waiver of such Default. The waiver by either City or Subrecipient of any Default hereunder shall not be deemed to be a waiver of any subsequent Default. 9.2 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Subrecipient to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses: If to City: Economic and Housing Development Department City of San Bernardino 290 North D Street San Bernardino, California 92401 Attention: Cassandra Searcy, Director To Subrecipient: Inland Fair Housing and Mediation Board 1500 S Haven Ave, Ste 100 Ontario, CA 91761 Attn: Naihsa Davis 9.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Subrecipient is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of the City. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 511 12 9.4 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein. 9.5 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Subrecipient, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Subrecipient or Subrecipient’s successors, or on any obligation under the terms of this Agreement. Subrecipient hereby waives and releases any claim Subrecipient may have against the members, officials or employees of the City with respect to any Default or breach by City or for any amount which may become due to Subrecipient or Subrecipient’s successors, or any obligations under the terms of this Agreement. Subrecipient makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Subrecipient 9.6 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9.7 Time of the Essence. Time is hereby expressly declared to be the essence of this Agreement and of each and every Willi, covenant and condition hereof which relates to a date or a period of time. 9.8 Remedies Cumulative. The remedies given to City and Subrecipient herein shall be cumulative and are given without impairing any other rights given City or Subrecipient by statute or law now existing or hereafter enacted and the exercise of any one (1) remedy by City or Subrecipient shall not exclude the exercise of any other remedy. 9.9 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 512 13 9.10 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of City and to the permitted successors and assigns of Subrecipient, and all references to “City” or “Subrecipient” shall be deemed to refer to and include all permitted successors and assigns of such Party. 9.11 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Subrecipient with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Subrecipient which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended, modified or added except by an agreement in writing signed by City and Subrecipient. 9.12 Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. Subrecipient shall, at City’s request, deliver a certified copy of it governing board’s resolution or certificate authorizing or evidencing such execution. 9.13 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. 9.14 Time for Acceptance of Agreement by City. This Agreement, when executed by Subrecipient and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Subrecipient or this Agreement shall be void, except to the extent that Subrecipient and City shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. (Remainder of page intentionally left bank; signatures on next page) DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 513 IN WITNESS WHEREOF, THE CITY AND THE SUBRECIPIENT HAVE EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW. “CITY” CITY OF SAN BERNARDINO, a municipal corporation and charter city Dated: By: Charles E. McNeely, City Manager APPROVED AS TO FORM: By: Thomas Rice, City Attorney “SUBRECIPIENT” INLAND MEDIATION BOARD, a California nonprofit public benefit corporation, d/b/a Inland Fair Housing and Mediation Board Dated: By: Carmen I. Garcia, President and Chief Executive Officer DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42 3/27/2023 3/27/2023       Packet Pg. 514 EXHIBIT A SCOPE OF SERVICES Subrecipient: Inland Fair Housing and Mediation Board CDBG Activity: Fair Housing Services Description of activity and regulatory language: Inland Fair Housing and Mediation Board's (IFHMB) proposed fair housing and landlord-tenant mediation activities center on four main activities: Education, Outreach, Enforcement, and Administrative Services. IFHMB fair housing, education, outreach and enforcement activities will address fair housing issues encountered by City residents and assist the City to support and sustain inclusive neighborhoods vibrant with diversity. The delivery of fair housing services, along with the availability of landlord-tenant mediation, empower residents with knowledge of their housing rights and responsibilities under Federal and State fair housing laws, and the California Civil Code. The proposed program includes intake, investigation and enforcement activities relative to resident fair housing complaints. The utilization of the landlord-tenant mediation programs provides a means of assisting residents and property owners/managers with resolving disputes that could otherwise result in the loss of housing opportunities. IFHMB staff conduct monthly outreach to community, private, faith-based, mobile home parks, and housing-related organizations utilizing both print and online outreach strategies. Fair Housing and Landlord-Tenant workshops are conducted throughout the year to familiarize residents with their housing rights and responsibilities, including federal and state fair housing laws. Complaints of housing discrimination will be analyzed and investigated to determine if fair housing violation have occurred. Staff will assist residents with processing of complaints to the Department of U.S. Housing and Urban Development (HUD), Department of Justice, the California Department of Fair Employment and Housing, or provide a referral to a private attorney. In addition, IFHMB will provide technical assistance. 051 - Fair Housing Activities This category includes fair housing and tenant/landlord mediation services. § 570.206 (c) Provision of fair housing services designed to further the fair housing objectives of the Fair Housing Act (42 U.S.C. 3601-20) by making all persons, without regard to race, color, religion, sex, national origin, familial status or handicap, aware of the range of housing opportunities available to them; other fair housing enforcement, education, and outreach activities; and other activities designed to further the housing objective of avoiding undue concentrations of assisted persons in areas containing a high proportion of low and moderate income persons. National Objective: Low-Mod Limited Clientele (LMC) / Citation: § 570.208 (a)(2) Performance Goals and Timelines: Services of Subrecipient shall commence on July 1, 2022 and shall be completed no later than June 30, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 515 Performance Goal: Fair Housing Services shall benefit a minimum of 300 residents. Timeframe for Completion of Performance Goal: June 30, 2023 DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 516 CDBG FUNDED IMPROVEMENTS Recipient: DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 517 EXHIBIT B BUDGET [attached] DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 518 Total Project Cost-CDBG 2022-2023 Personnel Services: Fair Housing Landlord Tenant Total Salaries 37,000.00 17,600.00 54,600.00 Benefits 1,100.00 700.00 1,800.00 Other 2,831.00 1,346.00 4,177.00 Subtotal 40,931.00 19,646.00 60,577.00 Supplies: Office 250 200 450.00 Postage 100 60 160.00 Rent 5100 3500 8,600.00 Phone 1600 1000 2,600.00 Other 199 414 613.00 Subtotal 7249 5174 12,423.00 Operating Expenses: $48,180.00 $24,820.00 $73,000.00 DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 519 EXHIBIT C COVENANTS RE: USE OF FEDERAL FUNDS Subrecipient acknowledges and agrees that the Subgrant is funded from CDBG Funds allocated to City by the United States of America. Accordingly, Subrecipient covenants and agrees as follows: Section 1. Compliance With Law. Subrecipient hereby covenants and agrees that it has complied and will continue to comply with the Housing and Community Development Act of 1974 (the “Housing and Community Development Act”), and all applicable Federal, state and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of Federal funds for this federally-assisted program. It is Subrecipient’s responsibility to keep itself fully informed of and in compliance with all such requirements and to provide all notices as required by law. This Agreement is subject to all such laws, ordinances, regulations, policies, and guidelines, including, without limitation, the Housing and Community Development Act; 24 CFR Part 85; 24 CFR Part 570; and 2 CFR Part 200. Section 2. Civil Rights Act. Subrecipient shall comply with the Civil Rights Act of 1964, as amended, and all regulations applicable thereto. Section 3. Non-Discrimination and Equal Opportunity. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, age, national origin, or ancestry. Subrecipient shall comply with the following: (A) The requirements of the Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 CFR Part 100; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and implementing regulations issued at 24 CFR Part 1. (B) The prohibitions against discrimination on the basis of age under the Age discrimination Act of 1975 (42 U.S.C. 6101et seq.) and implementing regulations at 24 CFR Part 146 and the prohibitions against discrimination against otherwise qualified individuals with disabilities under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. For purposes of the CDBG program, the term “dwelling units” in 24 CFR Part 8 shall include sleeping accommodations. (C) The requirements of Executive Order 11246 and the regulations issued under the Order at 41 CFR chapter 60. (D) The requirements of Executive Orders 11625, 12432, and 12138. Consistent with HUD’s responsibilities under these Orders, Subrecipient must make efforts to encourage minority and women’s business enterprises in connection with activities funded under this Agreement. (E) The requirement that Subrecipient make known that use of the facilities and services is available to all on a nondiscriminatory basis. Where the procedures that Subrecipient intends to use to make known the availability of such facilities DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 520 and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age or national origin within Subrecipient’s service area who may qualify for them, Subrecipient must establish additional procedures that will ensure that these persons are made aware of the facilities and services. Subrecipient must also adopt and implement procedures designed to make available to interested persons information concerning the existence and location of services and facilities that are accessible to persons with a disability. Section 4. Americans with Disabilities. Subrecipient shall not discriminate against handicapped persons in the provision of the Services and shall provide accessibility for handicapped persons to the Services provided under this Agreement. Subrecipient shall comply with all applicable requirements of the Americans with Disabilities Act of 1990 and implementing regulations (28 CFR Parts 35-36), in order to provide handicapped accessibility to the extent readily achievable. Section 5. Training and Employment Opportunities; Section 3 Requirements. Subrecipient acknowledges that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the U.S. Department of Housing and Urban Development (“HUD”), and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (“Section 3”). Section 3 requires, that to the greatest extent feasible, opportunities for training and employment be given to lower income residents and that contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. Subrecipient shall comply with the provisions of Section 3 and the regulations issued pursuant thereto by the U.S. Secretary of Housing and Urban. Development as set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement. 5.1 Notice to Labor Organizations. Subrecipient shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or workers’ representative of its commitments under the Section 3 clause (set forth in Section 5.2 of this Exhibit) and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5.2 Include in Subcontracts. Subrecipient shall include a Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 75. Subrecipient shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 75 and shall not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of said regulations. 5.3 Sanctions. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 75, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 521 assigns. Failure to fulfill these requirements shall subject Subrecipient, its subcontractors, its successors, and assigns to those sanctions as are specified by 24 CFR Part 75. Section 6. Conflicts of Interest. In addition to the conflict of interest requirements in 2 CFR Part 200, no person: (A) who (i) is an employee, agent, consultant, officer, or elected or appointed official of Subrecipient, a State recipient, or a nonprofit recipient (or of any designated public agency) that receives CDBG Subgrant amounts and (ii) exercises or has exercised any functions or responsibilities with respect to assisted activities, or (B) who is in a position to participate in a decision making process or gain inside information with regard to such activities, shall obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure, or for one year thereafter. HUD may grant an exception to this exclusion as provided in 24 CFR Section 570.611 (d). Section 7. Certification Regarding Lobbying. Subrecipient certifies, to the best of its knowledge and belief, that: (A) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and cooperative agreements), and that all Subrecipient’s shall certify and disclose accordingly. Section 8. Drug Free Workplace. 8.1 Certification. Subrecipient hereby certifies to City that Subrecipient will provide a drug-free workplace by: DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 522 (A) publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in Subrecipient’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (B) establishing a drug-free awareness program to inform employees about: (i) the dangers of drug abuse in the workplace; (ii) Subrecipient’s policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance program; and (iv) the penalties that may be imposed upon employees for drug abuse violations; (C) making it a requirement that each employee to be engaged in the performance of Services under this Agreement be given a copy of the statement required by subparagraph (A); (D) notifying the employee in the statement required by subparagraph (A), that as a condition of employment, the employee will: (i) abide by the terms of this statement; and (ii) notify Subrecipient of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; (E) notifying City within ten (10) days after receiving notice of a conviction under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of such conviction; (F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by 41 U.S.C. 703; and (G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A), (B), (C), (D), (E), and (F). 8.2 Suspension. Subrecipient acknowledges and agrees that this Agreement shall be subject to suspension of payment or termination, or both, and Subrecipient shall be subject to suspension or debarment if the Executive Director of City or her official designee determines, in writing, that: (A) Subrecipient has made false certification under Section 8.1; (B) Subrecipient violates such certification by failing to carry out the requirements of subparagraphs (A), (B), (C), (D), (E), (F) OR (G) of Section 8.1, or DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 523 (C) such a number of Subrecipient’s employees have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that Subrecipient has failed to make a good faith effort to provide a drug-free workplace as required by Section 8. Section 9. Use of Debarred, Suspended or Ineligible Contractors. Subrecipient shall comply with the provisions of 24 CFR Part 24 relating to the prohibition on employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status. Section 10. Lead-Based Paint. Subrecipient shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (43 U.S.C. 4821-4846) and implementing regulations at 24 CFR Part 35. In addition, Subrecipient must also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (A) Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation or conversion activity under this Agreement. (B) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. Section 11. Beneficiary Qualification. Subrecipient covenants and agrees that one hundred percent (100%) of the beneficiaries of the Services will be low income persons or households. Under CDBG regulations, the following clientele categories are presumed to be low income persons and can qualify for service regardless of income: abused children, battered spouses, illiterate persons, and migrant farm workers. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than HUD Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the City PMSA define the maximum family income for low income households. Subrecipient is responsible for obtaining from City current applicable HUD Section 8 Income Limits for the Term of this Agreement. Section 12. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under this Agreement shall be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (A) either (i) the community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR parts 59 through 79) or (ii) less than a year has passed since FEMA notification regarding such hazards. (B) Subrecipient will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et seq.). Section 13. Coastal Barriers. Subrecipient shall comply with the Coastal Barrier Resources Act, 16 U.S.C. 3501, which provides that no financial assistance under this Agreement may be made available within the Coastal Barrier Resources System. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 524 Section 14. Religious and Political Activities. Subrecipient agrees that Subgrant Proceeds shall be used exclusively for performance of the work required under this Agreement, and that no funds made available under this Agreement shall be used to promote religious or political activities. Further, Subrecipient agrees that it will not perform, nor permit to be performed, any religious or political activities in connection with the performance of this Agreement. 14.1 Primarily Religious Organizations. If Subrecipient is a primarily religious organization, Subrecipient agrees that Subrecipient shall provide shelter and the Services in a manner that is free from religious influences and in accordance with the following principles: (A) Subrecipient shall not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. (B) Subrecipient shall not discriminate against any person applying for shelter or any of the Services on the basis of religion and shall not limit such housing or Services or give preference to persons on the basis of religion. (C) Subrecipient shall (i) provide no religious instruction or counseling, (ii) conduct no religious workshop or services, (iii) engage in no religious proselytizing, and (iv) exert no other religious influence in the provision of shelter or the Services. 14.2 Wholly Secular Private Nonprofit Organizations Established by a Primarily Religious Organizations. If Subrecipient is a wholly secular private nonprofit organization established by a primarily religious organization, Subrecipient shall provide the Services in a manner that is free from religious influences and in accordance with the principles set forth in Section 14.1. If Subrecipient elects to enter into a contract with the religious organization to provide shelter or the Services, the religious organization must agree in the contract to carry out its contractual responsibilities in a manner free from religious influences and in accordance with the principles set forth in Section 14.1. Section 15. Reversion of Assets. Upon the expiration or termination of this Agreement, Subrecipient shall transfer to City any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds. If at the time of the expiration or termination of this Agreement there is under the control of Subrecipient any real property that was acquired or improved in whole or in part with CDBG Funds in excess of Twenty-Five Thousand Dollars ($25,000), then such real property shall either be: (A) used to meet one (1) or more of the national objectives set forth in 24 CFR §570.208 for not less than five (5) years after the date of expiration or termination of this Agreement, or such longer period of time as determined appropriate by City; or (B) disposed of, within five (5) years after the date of expiration or termination of this Agreement, in a manner which results in City being reimbursed in the amount of the then current fair market value of said real property less any DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 525 portion thereof attributable to expenditure of non CDBG funds for said acquisition or improvement. Section 16. Program Income. Any Program Income received by Subrecipient shall be returned to City. Any Program Income on hand when this Agreement expires or received after the expiration of this Agreement shall be paid to City as required by 24 CFR 570.503(b)(3). Section 17. No Disability. Subrecipient certifies and agrees that it is under no contractual or other disability which would prevent it from complying with all pertinent laws and regulations. Section 18. Patents and Copyrights. Subrecipient acknowledges and agrees that HUD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (A) The copyright in any work developed under the Subgrant or this Agreement; (B) Any rights of copyright to which Subrecipient purchases ownership with Subgrant Proceeds; (C) The patent for any invention developed under the Subgrant or this Agreement; and (D) Any rights in any patent to which Subrecipient purchases ownership with Subgrant Proceeds. Section 19. Records, Reporting and Monitoring. 19.1 Records and Reports. Subrecipient shall prepare and submit financial, program progress, monitoring, evaluation, personnel, property and financial records and other reports as required by City and in the format acceptable to City to assure proper accounting of all Federal and non-Federal project funds. Subrecipient shall furnish such information which, in the judgment of City’s Representative, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality and goals of the program. Subrecipient will establish a record keeping system which is consistent with 24 CFR 570.506. Such records shall be maintained and available to City for at least three (3) years following the completion of the program, at a minimum, and in the event of litigation, claim, or audit, the records shall be retained until all litigation, claims, and audit findings involving the records have been fully resolved. Subrecipient will submit quarterly reports to City specifying Program Income earned. Each report shall contain, or be accompanied by, an itemized statement showing all information required by City, including, without limitation: (A) The amount expended or incurred by Subrecipient and due and payable for the Subrecipient’s Services for such reporting quarter. (B) The revenue generated by Subrecipient and the source of such revenue for each reporting quarter. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 526 (C) A statement showing for each reporting quarter: (i) a description of each of the Clients serviced, (ii) the number of the Clients receiving shelter at the Shelters, (iii) the type of counseling session conducted, the number of each type of counseling sessions conducted, and the number of the Clients attending each such counseling session, (iv) the type of educational sessions conducted, the number of each type of educational session conducted, and the number of the Clients attending each such educational session, and (v) a quarterly narrative which specifies any additional services provided. The quarterly report for the last quarter of the fiscal year ending June 30 shall also include Subrecipient’s financial statement for the immediately preceding year, accompanied by an annual audit report of Subrecipient’s financial statement for the immediately preceding year. Each report shall be certified as complete and correct by the executive director of Subrecipient. 19.2 Monitoring. City will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of City and HUD shall have the right of access to all activities and facilities operated by Subrecipient under this Agreement. Facilities include all files, records, and other documents related to the performance of this Agreement. Activities include attendance at staff, board of directors, advisory committee, and advisory board meetings and inspection by City and HUD representatives. Subrecipient shall ensure that its employees or board members furnish such information as, in the judgment of City and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. 19.3 Accounting. Subrecipient shall establish, and maintain on a current basis, an adequate accrual and accounting system in accordance with generally accepted accounting principles and standards. 19.4 Audits. Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. Audits must be in compliance with 2 CFR Part 200. An audit may be conducted by Federal, State, or local funding source agencies as part of City’s audit responsibilities. The results of the independent audit must be submitted to City within thirty (30) days of completion. Within thirty (30) days of the submittal of said audit report, Subrecipient shall provide a written response to all conditions of findings reported in said audit report. The response must examine each condition or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All conditions or finding corrective actions shall take place within six (6) months after receipt of the audit report. City and its authorized representatives shall at all times have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of Subrecipient. Subrecipient staff will cooperate fully with authorized auditors when they conduct audits and examinations of Subrecipient’s program. If indications of misappropriation or misapplication of the funds granted under this Agreement cause City to require a special audit, the cost of the audit will be encumbered and deducted from the Subgrant. Should City subsequently determine that the special audit was not warranted, the amount encumbered will be restored to the Subgrant. Should the special audit confirm misappropriation or DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 527 misapplication of funds, Subrecipient shall promptly reimburse City the amount of misappropriation or misapplication. In the event City uses the judicial system to recover misappropriated or misapplied funds, Subrecipient shall reimburse City for legal fees and court costs incurred in obtaining the recovery. Subrecipient agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate federal audit agencies, it shall be responsible for complying with such exceptions and paying City the full amount of City’s liability to the funding agency resulting from such audit exceptions. 19.5 Confidentiality of Records. Subrecipient shall adhere to the requirement of the National Affordable Housing Act (Pub. L.101-625, November 28, 1990) contained in Section 832(e)(2)(c) that grantees (i) develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted” under the CDBG Program and (ii) that the address or location of any family violence shelter project assisted under the CDBG Program will, except with written authorization of the person or persons responsible for the operation of such shelter, not be made public. Section 20. Property Acquisition During Term. 20.1 Non-Expendable Property. A record shall be maintained by Subrecipient for each item of non-expendable property acquired for this program with Subgrant Proceeds. This record shall be provided to City as well as being available for inspection and audit upon the request of City. Non-expendable property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. Subrecipient shall not purchase or agree to purchase non-expendable property without the prior written approval of City. Upon completion or early termination of this Agreement, City reserves the right to determine the final disposition of such non-expendable property in compliance with applicable laws and regulations. Such disposition may include, but is not limited to, City taking possession of such non-expendable property. 20.2 Expendable Property. Expendable property refers to all tangible personal property other than non-expendable personal property. Subrecipient shall not purchase or agree to purchase expendable personal property at a cost of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of City. 20.3 Purchase or Lease of Non-Expendable Property or Equipment. Subrecipient shall obtain three documented bids prior to purchasing or leasing any non- expendable property or equipment over Three Hundred Dollars ($300.00) in unit value. Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit-value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price. Such inventory shall be provided to City as well as being available for inspection and audit upon the request of City. Section 21. Travel and Conference Restrictions. Subrecipient covenants and agrees that travel and conference expenses will not be paid for by funds provided through this Agreement. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 528 Section 22. Privacy. Subrecipient agrees and shall ensure that no information about or obtained from any person receiving services hereunder shall be voluntarily disclosed in any form identifiable with such person without first obtaining the written consent of such person. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 529 EXHIBIT D DEFINITION OF PROGRAM INCOME “Program Income” means gross income received by the recipient or a subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program Income includes, but is not limited to the following: (a) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG Funds; (b) Proceeds from the disposition of equipment purchased with CDBG Funds; (c) Gross income from the use or rental of real or personal property acquired by the recipient or by a subrecipient with CDBG Funds, less costs incidental to generation of the income; (d) Gross income from the use or rental of real property owned by the recipient or by a subrecipient, that was constructed or improved with CDBG Funds, less costs incidental to generation of the income; (e) Payment of principal and interest on loans made using CDBG funds, excluding payments made by subrecipients of principal and/or interest on CDBG-funded loans received from grantees if such payments are made using Program Income received by the subrecipient, as provided in 24 CFR 570.500(a)(3); (f) Proceeds from the sale of loans made with CDBG Funds; (g) Proceeds from sale of obligations secured by loans made with CDBG Funds; (h) Interest earned on Program Income pending its disposition; and (i) Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where the assessments are used to recover all or part of the CDBG portion of a public improvement. Program Income does not include income earned (except for interest described in § 570.513) on grant advances from the U.S. Treasury. The following items of income earned on grant advances must be remitted to HUD for transmittal to the U.S. Treasury, and will not be reallocated under Section 106(c) or (d) of the Act: (a) Interest earned from the investment of the initial proceeds of a grant advance by the U.S. Treasury; DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 530 (b) Interest earned on loans or other forms of assistance provided with CDBG funds that are used for activities determined by HUD either to be ineligible or to fail to meet a national objective in accordance with the requirements of subpart C of this part, or that fail substantially to meet any other requirement of this part; and (c) Interest earned on the investment of amounts reimbursed to the CDBG program account prior to the use of the reimbursed funds for eligible purposes. Program Income does not include: (a) Any income received in a single program year by the recipient and all its subrecipients if the total amount of such income does not exceed $25,000; and (b) Amounts generated by activities that are financed by a loan guaranteed under Section 108 of the Act and meet one or more of the public benefit criteria specified at § 570.209(b)(2)(v) or are carried out in conjunction with a grant under Section 108(q) in an area determined by HUD to meet the eligibility requirements for designation as an Urban Empowerment Zone pursuant to 24 CFR part 597, subpart B, except as provided in 24 CFR 570.500(a)(4)(ii). . Examples of other receipts that are not considered Program Income are proceeds from fund raising activities carried out by subrecipients receiving CDBG assistance (the costs of fundraising are generally unallowable under the applicable OMB circulars referenced in 24 CFR 84.27), funds collected through special assessments used to recover the non-CDBG portion of a public improvement, and proceeds from the disposition of real property acquired or improved with CDBG Funds when the disposition occurs after the applicable time period specified in § 570.503(b)(8) for subrecipient- controlled property, or in § 570.505 for recipient-controlled property. DocuSign Envelope ID: C17E83DF-9BF0-415E-B219-7A54F70E5A42       Packet Pg. 531 Annual Action Plan 2022-2023 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants: •Community Development Block Grant (CDBG) •HOME Investment Partnerships Program (HOME) •Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are: •Homelessness and homelessness issues (i.e., supportive housing) •Access to affordable housing •Street infrastructure (i.e., road maintenance and street lighting) •Joblessness/job creation       Packet Pg. 532 Annual Action Plan 2022-2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations. Priorities Objectives/Goals The following goals outlined in the Consolidated Plan and to be implemented during the FY 22-23 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals: 1.Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 2.Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. 3.Expand Homeownership Opportunities: Fund construction of three (3) single family homes, city- wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 4.New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects. 5.Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF; 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF; Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN- 180,000 SF. Summary of some of the findings used to determine priority needs •222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households. •Approximately 23.7% live in poverty •San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count. •City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. •The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance,       Packet Pg. 533 Annual Action Plan 2022-2023 3 OMB Control No: 2506-0117 (exp. 09/30/2021) lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five owner occupied Housing Rehabilitation projects. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 21-22, the City completed the construction on Three (3) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 21-22, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. Improve Public Facilities and Infrastructure - In FY 21-22, the City worked on the following projects which are expected to be completed by September of 2022: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG.       Packet Pg. 534 Annual Action Plan 2022-2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Provide rental assistance and preserve existing affordable rental housing - In FY 21-22, 105.4 units were monitored and 75.8 were physically inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction - In FY 21-22, the fourth phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed. 4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings: •Virtual Community Workshop. •Stakeholder Interviews; and •Online Survey. The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on June 15, 2022. The draft plan will be made available for public review between June 15, 2022, and July 20, 2022 on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish). 5. Summary of public comments The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services 2. Transitional housing (short-term up to 6 months       Packet Pg. 535 Annual Action Plan 2022-2023 5 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. Summary The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)       Packet Pg. 536 Annual Action Plan 2022-2023 6 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency Lead Agency CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Finance Department, Marim Fam, at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-5345 or via email at fam_ma@sbcity.org.       Packet Pg. 537 Annual Action Plan 2022-2023 7 OMB Control No: 2506-0117 (exp. 09/30/2021)       Packet Pg. 538 Annual Action Plan 2022-2023 8 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) •The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove. •The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. •Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. •The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness. •The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households. •The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead-       Packet Pg. 539 Annual Action Plan 2022-2023 9 OMB Control No: 2506-0117 (exp. 09/30/2021) based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office. •The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of       Packet Pg. 540 Annual Action Plan 2022-2023 10 OMB Control No: 2506-0117 (exp. 09/30/2021) homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities       Packet Pg. 541 Annual Action Plan 2022-2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 1 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 2 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 3 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community       Packet Pg. 542 Annual Action Plan 2022-2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 4 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization SAN BERNARDINO Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Hazard Mitigation & Local 5 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan.       Packet Pg. 543 Annual Action Plan 2022-2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013-2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element Housing Authority County of San Bernardino (HACSB) Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included. Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding.       Packet Pg. 544 Annual Action Plan 2022-2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2022-2023 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account.       Packet Pg. 545 Annual Action Plan 2022-2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Residents of Public and Assisted Housing Low Income persons No responses were received. No responses were received. Because comments were not received there is no summary of comments not accepted. http:iecn.com/newspaper s/el-chicano/ https://www.sbsun.com       Packet Pg. 546 Annual Action Plan 2022-2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 2 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing No responses were received. No responses were received. Because comments were not received there is no summary of comments not accepted. www.sbcity.org/housing       Packet Pg. 547 Annual Action Plan 2022-2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 3 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing members of the public attended the July 20, 2022 public hearing. TBD TBD Table 4 – Citizen Participation Outreach       Packet Pg. 548 Annual Action Plan 2022-2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly       Packet Pg. 549 Annual Action Plan 2022-2023 19 OMB Control No: 2506-0117 (exp. 09/30/2021) and prepare the Annual Action Plans reflective of the funding reality. Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,112,512 0 0 3,112,512 6,400,000 Funding for program year 2021 includes the City’s HUD allocation, estimated program income, and prior year resources. HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,569,520 200,000 0 1,769,520 2,900,000 The City plans to invest its HOME dollars affordable housing projects; Infill Housing Program (homeownership)       Packet Pg. 550 Annual Action Plan 2022-2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 278,068 37,512 0 315,580 560,000 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re- Housing, Rental Assistance, Homelessness Prevention (HP) and Financial Assistance. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including:       Packet Pg. 551 Annual Action Plan 2022-2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Federal Resources •Section 8 Housing Choice Voucher Program •Federal Low-Income Housing Tax Credit Program •Tax Exempt Bond Financing •Community Investment Funds from Dignity Health State Resources •Tax Exempt bonds •State Low-Income Housing Tax Credit Program •No Place Like Home •Community Reinvestments Funds •Permanent Local Housing Allocation (PLHA) from California State Department of Housing •Veteran Housing and Homeless Prevention Program Local Resources •San Bernardino County Continuum of Care •Housing Authority of San Bernardino County (HACSB) Private Resources •Dignity Health •San Manuel Band of Mission Indians •San Bernardino Unified School District •City of San Bernardino Successor Housing Agency       Packet Pg. 552 Annual Action Plan 2022-2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs. In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2021- 2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year.       Packet Pg. 553 Annual Action Plan 2022-2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single- family ownership housing.       Packet Pg. 554 Annual Action Plan 2022-2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $788,803 Jobs created/retained: 214 Jobs Businesses assisted: 20 Businesses Assisted 2 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 2700 Persons Assisted 3 Expand Home Ownership 2020 2025 Affordable Housing CityWide LMI Areas of the City Expand Home Ownership HOME: $755,000 Homeowner Housing Added: 3 Household Housing Unit 4 New Affordable Housing Projects 2020 2025 Affordable Housing LMI Areas of the City Expand Home Ownership Opportunities HOME: $857,568 Expand Homeownership opportunities: 15 Households Assisted 5 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide Improve Facilities and Infrastructure CDBG: $1,628,207 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1500 Persons Assisted       Packet Pg. 555 Annual Action Plan 2022-2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $315,580 Public service activities other than Low/Moderate Income Housing Benefit: 612 Persons Assisted 7 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $622,502 HOME: $156,952 ESG: $20,855 Other: 1 Other Table 6 – Goals Summary Goal Descriptions Goal Name Promote Economic Development1 Goal Description Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. Goal Name Fair Housing2 Goal Description Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. Goal Name Expand Home Ownership3 Goal Description Infill Housing Project to create a total of six (6) new houses throughout San Bernardino and will also include down payment assistance for first-time homebuyers between 70%-80% AMI.       Packet Pg. 556 Annual Action Plan 2022-2023 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name New Affordable Rental Housing4 Goal Description Create new affordable rental units Goal Name Improve Facilities and Infrastructure5 Goal Description The City has proposed to fund Citywide Pavement Rehabilitation at these locations: 10th Street between F street and G street - Ward 1 49th Street between Sepulveda Avenue and End. - Ward 4 Rialto Avenue from Mt. Vernon and Muscott - Ward 3 Goal Name Provide Homeless and Homeless Prevention Services6 Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted. Goal Name Planning and Administration7 Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.       Packet Pg. 557 Annual Action Plan 2022-2023 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration. Projects #Project Name 1 Section 108 Repayment Program - Promote Economic Development 2 Street Improvements 3 Fair Housing 4 Infill Housing Project 5 New Affordable Housing Projects 6 Arrowhead Grove - Phase 4 7 Homeless Services 8 Planning and Administration, CDBG, HOME, ESG Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness.       Packet Pg. 558 Annual Action Plan 2022-2023 28 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information       Packet Pg. 559 Annual Action Plan 2022-2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name Section 108 Debt Repayment Program - Promote Economic Development Target Area LMI Areas of the City Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $788,803 Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 1 Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project. Project Name Street Improvements Target Area LMI Areas of the City Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $1,628,207 Description Three (3) streets have been identified for sidewalk replacement and ADA accessibility improvements. Target Date 6/30/2023 2 Estimate the number and type of families that will benefit from the proposed activities Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets.       Packet Pg. 560 Annual Action Plan 2022-2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The City has proposed to fund Citywide Pavement Rehabilitation. 1. 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF 2. 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF 3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF Planned Activities Street improvements and ADA compliance. Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide 3 Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Project Name Infill Housing Project Target Area CityWide Goals Supported Expand Home Ownership 4 Needs Addressed Expand Home Ownership       Packet Pg. 561 Annual Action Plan 2022-2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding HOME: $937,000 NPHS: $455,000 MECH: $182,000 ($105,000 new request + $77,000 from HOME reprogramed funds) Down payment assistance: $300,000 Description Infill Housing Project construction of new houses by two developers – Mary Erickson Community Housing (MECH) and Neighborhood Partnership Housing Services (NPHS). Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The program will create 6 new houses. Additionally, three homebuyers with AMI’s between 70%-80% will receive down payment assistance up to $100,000 each to purchase one of three infill homes. Location Description Citywide Planned Activities Construction Project Name Planning and Administration, CDBG, HOME, ESG Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG:$622,502 HOME: $156,952 ESG: $20,855 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. 5 Target Date 6/30/2023       Packet Pg. 562 Annual Action Plan 2022-2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities •N/A Location Description Citywide Planned Activities Grant and Project Management Project Name Affordable Housing Projects Target Area CityWide Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding HOME: $675,568 Description Construction of Single-Family homes and loans for rehabilitation of single family homes. Applicant incomes are to be at or below 80% of Area Median Income. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities At or below 80% of Area Median Income. Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD. 6 Planned Activities Construction of Permanent Supportive Housing (PSH) project for very low to low income residents Project Name Homeless Services - Provide Supportive Services and ESG Administration Target Area Citywide Goals Supported Provide Supportive Services Needs Addressed Homeless Funding ESG: $294,725 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. 7 Target Date 6/30/2023       Packet Pg. 563 Annual Action Plan 2022-2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Approximately 300 persons at very low income to zero income will benefit from the proposed activities. Location Description Citywide Planned Activities Homeless supportive services       Packet Pg. 564 Annual Action Plan 2022-2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2022-2023 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and 8.1 percent is comprised of two or more races. See attached maps in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds CityWide 100 CDBG Eligible Census Tract and Block Group 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2022-2023 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2022-2023 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. Discussion As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual       Packet Pg. 565 Annual Action Plan 2022-2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve low- and moderate-income households. Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries.       Packet Pg. 566 Annual Action Plan 2022-2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value (Data Source: 2011-2015 ACS). Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase. Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units. The City’s housing market has increased over the past few years. In 2015, the median income in the City       Packet Pg. 567 Annual Action Plan 2022-2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened. Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month. One Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 349 Special-Needs 0 Total 949 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600 The Production of New Units 349 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 949 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion Introduction continued: Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in       Packet Pg. 568 Annual Action Plan 2022-2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) order to extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower- income households. Discussion: The table “One Year Goals for the Number of Households to be Supported” consists of 349 non-homeless households to be supported. New Infill Housing construction of three (3) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)).       Packet Pg. 569 Annual Action Plan 2022-2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership       Packet Pg. 570 Annual Action Plan 2022-2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) program for residents of public housing. As for homeownership opportunities, the City has initiated an 750 Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion There is no discussion relative to the designation of the county PHA.       Packet Pg. 571 Annual Action Plan 2022-2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter. The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with       Packet Pg. 572 Annual Action Plan 2022-2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional,       Packet Pg. 573 Annual Action Plan 2022-2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness.       Packet Pg. 574 Annual Action Plan 2022-2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the       Packet Pg. 575 Annual Action Plan 2022-2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on- site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan.       Packet Pg. 576 Annual Action Plan 2022-2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.       Packet Pg. 577 Annual Action Plan 2022-2023 47 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows: High Priority •Preserve and Rehabilitate Housing •Expand Homeownership Opportunities •Provide Homeless and Homeless Prevention Services Low Priority •New Affordable Rental Housing •Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs •Eliminate identified impediments to fair housing through education, enforcement, and testing •Planning and Administration – CDBG, HOME, ESG •New Affordable Housing Construction or Rehabilitation •Expand Homeownership opportunities – Infill Housing •First-Time Homeownership – CHDO 15% set-aside Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for       Packet Pg. 578 Annual Action Plan 2022-2023 48 OMB Control No: 2506-0117 (exp. 09/30/2021) seniors and lower-income households. Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner- Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support: •An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households •Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. •The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. •The efforts of HACSB, who provides rental assistance and conventional housing to low-income households. •The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. •The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. •The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or       Packet Pg. 579 Annual Action Plan 2022-2023 49 OMB Control No: 2506-0117 (exp. 09/30/2021) to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.       Packet Pg. 580 Annual Action Plan 2022-2023 50 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income:0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as       Packet Pg. 581 Annual Action Plan 2022-2023 51 OMB Control No: 2506-0117 (exp. 09/30/2021) follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: (a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. (c) In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership       Packet Pg. 582 Annual Action Plan 2022-2023 52 OMB Control No: 2506-0117 (exp. 09/30/2021) limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new       Packet Pg. 583 Annual Action Plan 2022-2023 53 OMB Control No: 2506-0117 (exp. 09/30/2021) NOFAs and RPS are released. Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1.Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26). 2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3.Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness.       Packet Pg. 584 Annual Action Plan 2022-2023 54 OMB Control No: 2506-0117 (exp. 09/30/2021) The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations.       Packet Pg. 585 Annual Action Plan 2022-2023 55 OMB Control No: 2506-0117 (exp. 09/30/2021) As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5.Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are       Packet Pg. 586 Annual Action Plan 2022-2023 56 OMB Control No: 2506-0117 (exp. 09/30/2021) not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.       Packet Pg. 587 Annual Action Plan 2022-2023 57 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments       Packet Pg. 588 Annual Action Plan 2022-2023 58 OMB Control No: 2506-0117 (exp. 09/30/2021)       Packet Pg. 589 Annual Action Plan 2022-2023 59 OMB Control No: 2506-0117 (exp. 09/30/2021)       Packet Pg. 590 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for April 2023. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: https://sbcity.org/city_hall/finance/warrant_register Discussion Gross Payroll Bi-Weekly for Apri l 13, 2023 $3,134,552.55 Monthly for April 15, 2023 $26,950.00 Total Payroll Demands: $3,161,502.55 The following check registers are being presented for approval: April 3, 2023 2022/23 (Regi ster #45)$1,510.95 April 6, 2023 2022/23 (Regi ster #46)$964,594.51 April 10, 2023 2022/23 (Regi ster #47)$34,863.95 April 13, 2023 2022/23 (Regi ster #48)$2,144,922.36 Total commercial check demands:$3,145,891.77       Packet Pg. 591 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for April 2023. Attachments Attachment 1 Payroll Summary Report for April 2023 Attachment 2 Commercial checks & Payroll Register #45 Attachment 3 Commercial checks & Payroll Register #46 Attachment 4 Commercial checks & Payroll Register #47 Attachment 5 Commercial checks & Payroll Register #48 Attachment 6 Commercial EFT Registers #1442-1450 Ward: All Wards Synopsis of Previous Council Actions: The following Electroni c Funds Transfer (EFT) regi sters presented for approval: March 3 to March 17, 2023 2022/23 (Regi ster #1442-1450) $ 1,637,497.59 Total commercial EFT demands:$1,637,497.59       Packet Pg. 592       Packet Pg. 593       Packet Pg. 594       Packet Pg. 595       Packet Pg. 596       Packet Pg. 597       Packet Pg. 598       Packet Pg. 599       Packet Pg. 600       Packet Pg. 601       Packet Pg. 602       Packet Pg. 603       Packet Pg. 604       Packet Pg. 605       Packet Pg. 606       Packet Pg. 607       Packet Pg. 608       Packet Pg. 609       Packet Pg. 610       Packet Pg. 611       Packet Pg. 612       Packet Pg. 613       Packet Pg. 614       Packet Pg. 615       Packet Pg. 616       Packet Pg. 617       Packet Pg. 618       Packet Pg. 619       Packet Pg. 620       Packet Pg. 621       Packet Pg. 622       Packet Pg. 623       Packet Pg. 624       Packet Pg. 625       Packet Pg. 626       Packet Pg. 627       Packet Pg. 628       Packet Pg. 629       Packet Pg. 630       Packet Pg. 631       Packet Pg. 632       Packet Pg. 633       Packet Pg. 634       Packet Pg. 635       Packet Pg. 636       Packet Pg. 637       Packet Pg. 638       Packet Pg. 639       Packet Pg. 640 7 6 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Investment Portfolio Report for February and March 2023 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February and March 2023. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended February 28 and March 31, 2023. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2021-2025 Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report.       Packet Pg. 641 7 6 9 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February and March 2023. Attachments Attachment 1 Investment Portfolio Management Summary Report February 2023 Attachment 2 Investment Portfolio Management Summary Report March 2023 Ward: All Wards Synopsis of Previous Council Actions: N/A       Packet Pg. 642       Packet Pg. 643       Packet Pg. 644       Packet Pg. 645       Packet Pg. 646       Packet Pg. 647       Packet Pg. 648       Packet Pg. 649       Packet Pg. 650       Packet Pg. 651       Packet Pg. 652       Packet Pg. 653       Packet Pg. 654       Packet Pg. 655       Packet Pg. 656       Packet Pg. 657 Page 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Suzie Soren, Director of Human Resources Department:Human Resources Subject:Second Amendment to the Concentra Medical Centers Professional Services Agreement for Pre-employment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute: 1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Centers of California doing business as (DBA) Concentra Medical Centers for pre-employment and screening services, effective February 1, 2023 – April 30, 2023. Background The City of San Bernardino has had an agreement for pre-employment services since 2018, at which time Fox Occupational Medical Center was the operator. The City has utilized Occupational Health Center of California DBA Concentra Medical Centers to provide pre-employment screening clearances since its acquisition of Fox Occupational Medical Center in 2021. In response to the expiration of the contract on June 30, 2022, the City initiated a Request for Proposal (RFP). On July 1, 2022, the City entered into the first amendment to the master agreement extending the terms of the master agreement for an additional seven (7) months through January 31, 2023, and adding funds for the continuation of services. At this time we are now operating out of contract as the first amendment expired January 31, 2023. After a competitive bidding process Kaiser Permanente was selected to provide pre- employment screening clearances and occupational medical services going forward.       Packet Pg. 658 Page 2 On January 18, 2023, the City Council and Mayor approved the agreements with Kaiser Permanente. Discussion It is necessary to enter into a second amendment due to unforeseen internal implementation delays that hindered the process from being completed timely with Kaiser Permanente. Effective April 1, 2023, pre-employment services will be provided by Kaiser Permanente. 2021-2025 Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1 Improved Operational & Financial Capacity: 1b – Implement, maintain, and update a fiscal accountability plan. Executing the second amendment will allow the City to properly monitor contractual expenses and make necessary adjustments to avoid any negative impact during the transition between providers. 1e – Build a culture that attracts, retains, and motivates the highest quality talent. Continued pre-employment services minimizes recruitment delays and ensures candidates are fit to perform job functions. Fiscal Impact Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost:Ongoing Cost: COST $ 25,001 $ 0 $ 25, 001 $ 0 GENERAL FUND SHARE $ 25,001 $ 0 $ 25,001 $ 0 SOURCE OF FUNDS: There is sufficient funding in the FY 2022/23 operating budget to cover the additional expenditure. Budget Adjustment: No For Fiscal Year: 22/23       Packet Pg. 659 Page 3 California, authorize the City Manager to execute: 1. Authorize the Second Amendment to the Professional Services Agreement with Occupational Health Center of California doing business as Concentra Medical Centers for pre-employment and screening services. Attachments Attachment 1 Resolution 2018-169 Attachment 2 Professional Services Agreement Attachment 3 Assignment, Assumption and Consent Agreement Attachment 4 First Amendment Attachment 5 Second Amendment Ward: All Wards Synopsis of Previous Council Actions: June 20, 2018 Mayor and City Council adopted Resolution No. 2018-169, approving an agreement with Fox Occupational Medical Center.       Packet Pg. 660       Packet Pg. 661       Packet Pg. 662 EXHIBIT A VENDOR SERVICES AGREEMENT BETWEEN FOX OCCUPATIONAL MEDICAL CENTER AND THE CITY OF SAN BERNARDINO This Vendor Services Agreement (the "Agreement") is entered into this 1St day of July 2018, (Effective Date) by and between Fox Occupational Medical Center ("Vendor") and the City of San Bernardino ("City")(Vendor and the City may be collectively referred to as the "Parties.") WITNESSETH: A. WHEREAS, The City of San Bernardino is in need of a vendor to provide pre- employment physicals and Fitness for Duty Evaluations, and B. WHEREAS, it has been determined by the Director of Human Resources that Vendor represents that it has that degree of specialized expertise contemplated within, inter alia, California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, Vendor is competent, experienced and able to perform said services; and D. WHEREAS, Vendor will provide the most advantageous and responsible services. NOW, THEREFORE, the parties hereto agree as follows: 1.0. SERVICES PROVIDED BY VENDOR 1.1. Scope of Services. For the remuneration stipulated, Vendor shall provide the professional services described in this section and the Scope of Services attached hereto as Exhibits "A-1" "A-2" and "A-3" and incorporated herein by this reference. a) Class I Physicals Without DOT Exam: $245 per each person that CITY refers for a pre-employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." b) Class I Physical With DOT Exam: $255.00 per each person that CITY refers for a pre-employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." c) Class III — Classified: $125.00 per each person that CITY refers for a pre- employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." d) Class III — Recreation: $65.00 per each person that CITY refers for a pre- employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." e) Fitness for Duty Evaluation: $55.00 per each person that CITY refers for a Fitness For Duty evaluation. 1       Packet Pg. 663 f) Ancillary Services. Any service not covered in items "(a) -(f)" above, shall be in accordance with the fee schedule attached herein as Exhibit "A-3." 1.2. Professional Practices. All professional services to be provided by Vendor pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional vendors in similar fields and circumstances in accordance with sound professional practices. Vendor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Vendor's performance of this Agreement. 1.3. Warranty. Vendor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this agreement. Vendor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgements of every nature and description including reasonable attorney's fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above- mentioned laws, arising from or related to Vendor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Vendor shall not engage in, nor permit their officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, genetic information, except as permitted by law. Violation of this provision may result in the imposition of penalties. 1.5. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Vendor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Vendor's sole cost and expense. 1.6. Conflicts of Interest. During the term of this Agreement, Vendor shall at all times maintain a duty of loyalty and a fiduciary duty as to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 1.7 City Business Certificate. Vendor shall obtain and maintain during the term of this Agreement, a valid City Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of Vendor to practice their profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, for each year that this contract is in effect, including all option years, Vendor shall be paid an amount not to exceed $24,500.00 per fiscal year. This amount is inclusive of all professional fees and expenses. 2       Packet Pg. 664 2.2. Additional Services. Vendor shall not receive compensation for any services provided outside the Scope of Services unless the City, prior to Vendor's performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Vendor may submit invoices to City for approval. Said invoice shall be based on the total of all Vendor's services which have been completed to City's sole satisfaction. City shall pay Vendor's invoice within forty-five (45) days from the date City receives said invoice. The invoice shall include the names of the person examined the dates of said examinations. City will accept charges only for those services first requested by the City. 2.4. Confidentiality of Reports. Vendor shall keep confidential all reports, information and data received, prepared, or assembled pursuant to performance under this Agreement. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the City or as otherwise required by law. 3.0. TERM AND NOTIFICATION 3.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2019, with the option of three (3) one (1) year extensions, exercisable at the City's sole discretion. 3.2. Termination. City or Vendor may terminate the services provided under Section 1.1 of this Agreement upon thirty (30) days' written notice to the other party. In the event of termination, Vendor shall be paid the reasonable value of services rendered to the date of termination. 3.3. Documents. In the event of termination of this Agreement, all documents prepared by Vendor in their performance of this Agreement shall be delivered to the City within ten (10) days of delivery of termination notice to Vendor, at no cost to City. Any use of uncompleted documents without specific written authorization from Vendor shall be at City's sole risk and without liability or legal expense to Vendor. 4.0. INSURANCE 4.1. Minimum Scope and Limits of Insurance. Vendor shall obtain and maintain during the term of this Agreement all of the following insurance coverages: a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. c) Workers' compensation insurance as required by the State of California. 3       Packet Pg. 665 d) Professional Liability coverage with limits of at least One Million Dollars 1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/litigation, including investigation and court costs. If the coverage is written on a "claims -made" form, Vendor must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period (whichever is longer) and the policy has a reporting period or run-off provision of at least three (3) years following completion or termination of the performance of professional services under this Agreement. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this contract with City." b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificate of Insurance. Vendor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 4.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Vendor may be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United states mail. 4       Packet Pg. 666 IF TO VENDOR: Dr. Roger Fox, Owner Owner Occupational Medical Center 1375 Camino Real, Suite 130 San Bernardino, CA 92418 Phone: (909) 884-1500 IF TO CITY: Helen Tran Director of Human Resources City of San Bernardino 290 North D Street San Bernardino, CA 92401 Phone: (909) 384-5161 5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and member of his office in enforcing this contract on behalf of the City shall be considered as attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor or Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. Vendor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to Vendor's performance under this Agreement, except when caused solely by the City's negligence. 5.7. Independent Contractor. Vendor, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of City. Vendor shall secure, at its own expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Vendor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither Vendor nor its officers, agents and employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation insurance, 5       Packet Pg. 667 unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of Vendor and its officers', agents' and employees' work for the City. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the City and Vendor. Vendor shall be deemed the agent of the City, for the sole and limited purpose of providing the services provided for herein and to the extent of the authority granted herein, subject to the City of San Bernardino Charter. 5.8. Conflict of Interest Disclosure. Vendor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participation in making decisions that will have a foreseeable financial effect on such interest. Vendor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by City. 5.9. Responsibility for Errors. Vendor shall be responsible for its work and results under this Agreement. Vendor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Vendor occurs, then Vendor shall, at no cost to City, provide all other Vendor's professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 5.10. Prohibited Employment. Vendor shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Vendor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and not third party shall have any right in, under or to this Agreement. 5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom endorsement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any F       Packet Pg. 668 right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5.17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.18. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. ATTEST: CITY OF SAN BERNARDINO By: Georges Hanna, Cit Jerk Dated: 7/ Approved as to Form: r 1 By: Gary D. Saenz, City Attorney Dated: 7/,2-//S VA By: , 4V PTAA l r I Andrea M. Miller Dated: VENDOR By:.. Dr. Roger Dated: ity Manager 20 / k'       Packet Pg. 669 EXHIBIT A-1 Pr 1. Providing central coordination for medical data and information related to pre-employment services related to pre-employment physicals and evaluations for City; 2. Obtaining the medical history of and personally examining and reviewing all medical tests pertaining to persons referred by City in accordance with the specifics set forth in Exhibit "B," attached hereto and incorporated herein by reference; 3. Upon specific request of City, taking x-rays and conducting other medical tests and providing City an evaluation thereof; and 4. Providing City a summary and evaluation in regards to exams conducted hereunder. Any such summary or evaluation shall be in a form as permitted under California Civil Code Section 56.10 unless a document signed by the examinee is received by Vendor which authorizes the release to the City of more extensive medical information. 5. Following each completed Class I, II and III examination, a summary and evaluation shall be prepared by Vendor in the form set forth at No. 4 above and shall be forwarded to City within seven (7) days of completion of the examination. When the report reflects "normal" in an area of examination, the statement shall mean that all applicable items to be reviewed or examined have been so reviewed or examined and that no significant adverse findings or limitations were discovered. Additional Duties and Responsibilities Vendor shall specifically assume the following additional duties and responsibilities at a price to be agreed upon in advance of such services by parties: 1. Appeals: In the event an unsuccessful applicant appeals his or her rejection to the Civil Service Board, Vendor shall re-examine and re-evaluate the appellant and provide information, in person or by comprehensive narrative report, to the Civil Service Board about the appellant's present medical limitations. 2. Modifying Guidelines: City may require expert medical advice and consultation (including research results and recommendations) on occasion for determining new, or revising existing, medical or changes in medical procedures and examinations for further specific needs. Equipment and Personnel Vendor hereby agrees to have equipment and personnel for back up and emergencies to assure prompt scheduling of medical examinations. Vendor shall conduct any examinations or testing within five (5) working days of City's request for scheduling the exams or test. Vendor shall designate a competent physician or group of physicians to perform all obligations pursuant to and in accordance with the terms of this Agreement in the event Vendor is temporarily unavailable to render services required. Vendor hereby covenants that any such physicians or group of physicians shall be competent with respect to the specific task performed. E-3       Packet Pg. 670 EXHIBIT A-2 MEDICAL EXAMINATIONS CLASS I: Employees in the classification of Police sworn employees. 1. Personal and family health history questionnaire review. 2. Complete physical examination including: a) Height b) Weight C) Blood Pressure d) Pulse (before and after exercise) e) Eyes (field of vision, extra ocular movements, pupils, fundi). Appropriate examination for visual acuity and color recognition ability using Titmus II tester or its equivalent f) Ears (tympanic membrane, wax and audio testing using an audiometer and sound proof booth) g) Nose, mouth, throat, dental hygiene h) Neck i) Chest j) Heart k) Lungs 1) Abdomen & Viscera — liver, kidneys, spleen m) External genitalia (men) and hernia check (all) n) Skin o) Spine P) Extremities q) Lymph nodes r) Nervous system 3. Laboratory studies: a) Urinalysis: sugar and Albumin b) Hematology: Lipid Panel 4. Radiological Studies: a) Lumbar Spine x-rays (5 views) b) Chest x-rays 5. Pre-employment Drug Screening - GCMS confirmation on all positive screens. 6. Mobility and Flexibility test (to include Jarmar grip test) 7. Standing EKG (optional -subject to other test results) 8. Pulmonary function/Spirometer 9. Pre-employment TB testing 10. Written report of findings by physician within seven (7) days from day of the examination. CLASS II: Employees for heavy labor skilled trades, equipment operation, integrated waste management, and ground maintenance classifications. These jobs require one or more of the E       Packet Pg. 671 following: lifting and/or carrying weights of more than 50 pounds; repetitive awkward motions of the back; frequent bending, squatting, climbing or prolonged standing. 1. Personal and family health history questionnaire review. 2. Complete physical examination including - a) Height b) Weight c) Blood Pressure d) Pulse (before and after exercise) e) Eyes (field of vision, extra ocular movements, pupils, fundi). f) Ears (tympanic membrane, wax) g) Nose, mouth, throat, dental hygiene h) Neck i) Chest j) Heart k) Lungs 1) Abdomen & Viscera — liver, kidneys, spleen m) External genitalia (men) and hernia check (all) n) Ski o) Spine p) Extremities q) Lymph nodes r) Nervous system NOTE: Physician must note any abnormalities, i.e., umbilical hernia, surgical scars, etc.) 3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. (Use of Titmus II testing equipment or its equivalent is required.) 4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz. 5. Radiological studies: Two view lumbar spine x-ray 6. Laboratory studies a) Urinalysis: Sugar and Albumin 7. Mobility and Flexibility test (to include Jarmar grip test) 8. Pre-employment Drug and Alcohol Screening — A screening test for evidence of the use of the following drugs: Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine. The following positions shall undergo pre-employment substance screening: a) Equipment Service Worker b) Equipment Mechanic I (Flex) c) Equipment Mechanic II d) Equipment Maintenance Supervisor e) Equipment Maintenance Manager f) Heavy Equipment Operator g) Motor Sweeper Operator h) Maintenance Worker II i) Lead Maintenance Worker 10       Packet Pg. 672 j) Maintenance Supervisor k) Tree Trimmer Assistant 1) Tree Trimmer I m) Tree Trimmer II n) Electrician I o) Traffic Signal Technician II p) HAZMAT Technician q) Parks Maintenance Worker III 9. DMV Exam: conducted using the specific instructions provided by DMV Form DL -51 for each category and any deviation will be reported by the physician to the Director of Human Resources. 10. Written report of findings by physician within seven (7) days from day of the examination. CLASS III: CLASSIFIED — Light to moderate physical demands upon employees. 1. Personal and family health history questionnaire review. 2. Complete physical examination by physician including: a) Height b) Weight c) Blood Pressure d) Pulse (before and after exercise) e) Eyes (field of vision, extra ocular movements, pupils, fundi). f) Ears (tympanic membrane, wax) g) Nose, mouth, throat dental hygiene h) Neck i) Chest j) Heart k) Lungs 1) Abdomen & Viscera — liver, kidneys, spleen m) External genitalia (men) and hernia check (all) n) Skin o) Spine p) Extremities q) Lymph nodes r) Nervous system NOTE: Physician must note any abnormalities, i.e., umbilical hernia, surgical scars, etc.) 3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. (Use of Titmus II testing equipment or its equivalent is required.) 4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz. 5. Laboratory studies: a) Urinalysis: Sugar and Albumin b) Urinalysis: Alcohol 6. Non -DOT drug screen — GCMS confirmation on all positive screens. 11       Packet Pg. 673 7. Written report of findings by physician within seven (7) days form day of the examination CLASS III: Recreation — Positions in this category are Recreation series and Lifeguard series. 1. Personal and family health history questionnaire review. 2. TB testing for employees involved in work in the close proximity of children 3. Non -DOT drug screen — GCMS confirmation on all positive screens. 4. Laboratory studies: a. Urinalysis: Alcohol b. Written report of findings by physician within seven (7) days from day of the examination. 12       Packet Pg. 674 EXHIBIT A-3 CITY OF SAN BERNARDINO FEE SCHEDULE FOR SERVICES PROVIDED Group I Police Exam $245.00 Group I w/DOT Police Exam $255.00 Group III Classified $125.00 Group III Recreation $65.00 Fitness For Duty Exam $55.00 Hepatitis B Series Vaccine Series (each) $60.00 Hepatitis B Titer Blood Test $50.00 TB Quantiferon Blood Test $75.00 DOT Exam $25.00 Drug Screen, Non -DOT & DOT $30.00 Breath Alcohol Test $25.00 Breath Alcohol Confirmation $10.00 13       Packet Pg. 675 EXHIBIT A VENDOR SERVICES AGREEMENT BETWEEN FOX OCCUPATIONAL MEDICAL CENTER AND THE CITY OF SAN BERNARDINO This Vendor Services Agreement (the "Agreement") is entered into this 1St day of July 2018, (Effective Date) by and between Fox Occupational Medical Center ("Vendor") and the City of San Bernardino ("City")(Vendor and the City may be collectively referred to as the "Parties.") WITNESSETH: A. WHEREAS, The City of San Bernardino is in need of a vendor to provide pre- employment physicals and Fitness for Duty Evaluations, and B. WHEREAS, it has been determined by the Director of Human Resources that Vendor represents that it has that degree of specialized expertise contemplated within, inter alia, California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, Vendor is competent, experienced and able to perform said services; and D. WHEREAS, Vendor will provide the most advantageous and responsible services. NOW, THEREFORE, the parties hereto agree as follows: 1.0. SERVICES PROVIDED BY VENDOR 1.1. Scope of Services. For the remuneration stipulated, Vendor shall provide the professional services described in this section and the Scope of Services attached hereto as Exhibits "A-1" "A-2" and "A-3" and incorporated herein by this reference. a) Class I Physicals Without DOT Exam: $245 per each person that CITY refers for a pre-employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." b) Class I Physical With DOT Exam: $255.00 per each person that CITY refers for a pre-employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." c) Class III — Classified: $125.00 per each person that CITY refers for a pre- employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." d) Class III — Recreation: $65.00 per each person that CITY refers for a pre- employment physical examination and evaluation. Said examination shall specifically include, but not be limited to, the items listed in Exhibit "A-2." e) Fitness for Duty Evaluation: $55.00 per each person that CITY refers for a Fitness For Duty evaluation. 1       Packet Pg. 676 f) Ancillary Services. Any service not covered in items "(a) -(f)" above, shall be in accordance with the fee schedule attached herein as Exhibit "A-3." 1.2. Professional Practices. All professional services to be provided by Vendor pursuant to this Agreement shall be provided in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional vendors in similar fields and circumstances in accordance with sound professional practices. Vendor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Vendor's performance of this Agreement. 1.3. Warranty. Vendor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this agreement. Vendor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgements of every nature and description including reasonable attorney's fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above- mentioned laws, arising from or related to Vendor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Vendor shall not engage in, nor permit their officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, genetic information, except as permitted by law. Violation of this provision may result in the imposition of penalties. 1.5. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Vendor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Vendor's sole cost and expense. 1.6. Conflicts of Interest. During the term of this Agreement, Vendor shall at all times maintain a duty of loyalty and a fiduciary duty as to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 1.7 City Business Certificate. Vendor shall obtain and maintain during the term of this Agreement, a valid City Business Registration Certificate pursuant to Title 5 of the City of San Bernardino Municipal Code and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of Vendor to practice their profession, skill or business. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Except as provided herein, for each year that this contract is in effect, including all option years, Vendor shall be paid an amount not to exceed $24,500.00 per fiscal year. This amount is inclusive of all professional fees and expenses. 2       Packet Pg. 677 2.2. Additional Services. Vendor shall not receive compensation for any services provided outside the Scope of Services unless the City, prior to Vendor's performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Vendor may submit invoices to City for approval. Said invoice shall be based on the total of all Vendor's services which have been completed to City's sole satisfaction. City shall pay Vendor's invoice within forty-five (45) days from the date City receives said invoice. The invoice shall include the names of the person examined the dates of said examinations. City will accept charges only for those services first requested by the City. 2.4. Confidentiality of Reports. Vendor shall keep confidential all reports, information and data received, prepared, or assembled pursuant to performance under this Agreement. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the City or as otherwise required by law. 3.0. TERM AND NOTIFICATION 3.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2019, with the option of three (3) one (1) year extensions, exercisable at the City's sole discretion. 3.2. Termination. City or Vendor may terminate the services provided under Section 1.1 of this Agreement upon thirty (30) days' written notice to the other party. In the event of termination, Vendor shall be paid the reasonable value of services rendered to the date of termination. 3.3. Documents. In the event of termination of this Agreement, all documents prepared by Vendor in their performance of this Agreement shall be delivered to the City within ten (10) days of delivery of termination notice to Vendor, at no cost to City. Any use of uncompleted documents without specific written authorization from Vendor shall be at City's sole risk and without liability or legal expense to Vendor. 4.0. INSURANCE 4.1. Minimum Scope and Limits of Insurance. Vendor shall obtain and maintain during the term of this Agreement all of the following insurance coverages: a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. c) Workers' compensation insurance as required by the State of California. 3       Packet Pg. 678 d) Professional Liability coverage with limits of at least One Million Dollars 1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, covering the risk of errors and omissions, negligent acts and costs of claims/litigation, including investigation and court costs. If the coverage is written on a "claims -made" form, Vendor must ensure that the policy retroactive date is before the date of the Agreement is awarded, that coverage is maintained during the duration of performance of the Agreement or the Agreement period (whichever is longer) and the policy has a reporting period or run-off provision of at least three (3) years following completion or termination of the performance of professional services under this Agreement. 4.2. Endorsements. The commercial general liability insurance policy shall contain or be endorsed to contain the following provisions: a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this contract with City." b) Notice: "Said policy shall not terminate, nor shall it be materially changed or cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 4.3. Certificate of Insurance. Vendor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 4.4. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Vendor may be held responsible for payments of damages to persons or property. 5.0. GENERAL PROVISIONS 5.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 5.2. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United states mail. 4       Packet Pg. 679 IF TO VENDOR: Dr. Roger Fox, Owner Owner Occupational Medical Center 1375 Camino Real, Suite 130 San Bernardino, CA 92418 Phone: (909) 884-1500 IF TO CITY: Helen Tran Director of Human Resources City of San Bernardino 290 North D Street San Bernardino, CA 92401 Phone: (909) 384-5161 5.3. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and member of his office in enforcing this contract on behalf of the City shall be considered as attorneys' fees" for the purposes of this Agreement. 5.4. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 5.5. Assignment. Vendor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Vendor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Vendor or Vendor's obligation to perform all other obligations to be performed by Vendor hereunder for the term of this Agreement. 5.6. Indemnification and Hold Harmless. Vendor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, boards, commissions, officers, attorneys, agents and employees from any and all claims, losses, demands, suits, administrative actions, penalties, liabilities and expenses, including reasonable attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not limited to, all civil claims or workers' compensation claims arising from or in any way related to Vendor's performance under this Agreement, except when caused solely by the City's negligence. 5.7. Independent Contractor. Vendor, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of City. Vendor shall secure, at its own expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Vendor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither Vendor nor its officers, agents and employees shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation insurance, 5       Packet Pg. 680 unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of Vendor and its officers', agents' and employees' work for the City. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the City and Vendor. Vendor shall be deemed the agent of the City, for the sole and limited purpose of providing the services provided for herein and to the extent of the authority granted herein, subject to the City of San Bernardino Charter. 5.8. Conflict of Interest Disclosure. Vendor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participation in making decisions that will have a foreseeable financial effect on such interest. Vendor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by City. 5.9. Responsibility for Errors. Vendor shall be responsible for its work and results under this Agreement. Vendor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Vendor occurs, then Vendor shall, at no cost to City, provide all other Vendor's professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 5.10. Prohibited Employment. Vendor shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 5.11. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 5.12. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Vendor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and not third party shall have any right in, under or to this Agreement. 5.13. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.14. Amendments. Only a writing executed by all of the parties hereto or their respective successors and assigns may amend this Agreement. 5.15. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom endorsement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any F       Packet Pg. 681 right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.16. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 5.17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.18. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. ATTEST: CITY OF SAN BERNARDINO By: Georges Hanna, Cit Jerk Dated: 7/ Approved as to Form: r 1 By: Gary D. Saenz, City Attorney Dated: 7/,2-//S VA By: , 4V PTAA l r I Andrea M. Miller Dated: VENDOR By:.. Dr. Roger Dated: ity Manager 20 / k'       Packet Pg. 682 EXHIBIT A-1 Pr 1. Providing central coordination for medical data and information related to pre-employment services related to pre-employment physicals and evaluations for City; 2. Obtaining the medical history of and personally examining and reviewing all medical tests pertaining to persons referred by City in accordance with the specifics set forth in Exhibit "B," attached hereto and incorporated herein by reference; 3. Upon specific request of City, taking x-rays and conducting other medical tests and providing City an evaluation thereof; and 4. Providing City a summary and evaluation in regards to exams conducted hereunder. Any such summary or evaluation shall be in a form as permitted under California Civil Code Section 56.10 unless a document signed by the examinee is received by Vendor which authorizes the release to the City of more extensive medical information. 5. Following each completed Class I, II and III examination, a summary and evaluation shall be prepared by Vendor in the form set forth at No. 4 above and shall be forwarded to City within seven (7) days of completion of the examination. When the report reflects "normal" in an area of examination, the statement shall mean that all applicable items to be reviewed or examined have been so reviewed or examined and that no significant adverse findings or limitations were discovered. Additional Duties and Responsibilities Vendor shall specifically assume the following additional duties and responsibilities at a price to be agreed upon in advance of such services by parties: 1. Appeals: In the event an unsuccessful applicant appeals his or her rejection to the Civil Service Board, Vendor shall re-examine and re-evaluate the appellant and provide information, in person or by comprehensive narrative report, to the Civil Service Board about the appellant's present medical limitations. 2. Modifying Guidelines: City may require expert medical advice and consultation (including research results and recommendations) on occasion for determining new, or revising existing, medical or changes in medical procedures and examinations for further specific needs. Equipment and Personnel Vendor hereby agrees to have equipment and personnel for back up and emergencies to assure prompt scheduling of medical examinations. Vendor shall conduct any examinations or testing within five (5) working days of City's request for scheduling the exams or test. Vendor shall designate a competent physician or group of physicians to perform all obligations pursuant to and in accordance with the terms of this Agreement in the event Vendor is temporarily unavailable to render services required. Vendor hereby covenants that any such physicians or group of physicians shall be competent with respect to the specific task performed. E-3       Packet Pg. 683 EXHIBIT A-2 MEDICAL EXAMINATIONS CLASS I: Employees in the classification of Police sworn employees. 1. Personal and family health history questionnaire review. 2. Complete physical examination including: a) Height b) Weight C) Blood Pressure d) Pulse (before and after exercise) e) Eyes (field of vision, extra ocular movements, pupils, fundi). Appropriate examination for visual acuity and color recognition ability using Titmus II tester or its equivalent f) Ears (tympanic membrane, wax and audio testing using an audiometer and sound proof booth) g) Nose, mouth, throat, dental hygiene h) Neck i) Chest j) Heart k) Lungs 1) Abdomen & Viscera — liver, kidneys, spleen m) External genitalia (men) and hernia check (all) n) Skin o) Spine P) Extremities q) Lymph nodes r) Nervous system 3. Laboratory studies: a) Urinalysis: sugar and Albumin b) Hematology: Lipid Panel 4. Radiological Studies: a) Lumbar Spine x-rays (5 views) b) Chest x-rays 5. Pre-employment Drug Screening - GCMS confirmation on all positive screens. 6. Mobility and Flexibility test (to include Jarmar grip test) 7. Standing EKG (optional -subject to other test results) 8. Pulmonary function/Spirometer 9. Pre-employment TB testing 10. Written report of findings by physician within seven (7) days from day of the examination. CLASS II: Employees for heavy labor skilled trades, equipment operation, integrated waste management, and ground maintenance classifications. These jobs require one or more of the E       Packet Pg. 684 following: lifting and/or carrying weights of more than 50 pounds; repetitive awkward motions of the back; frequent bending, squatting, climbing or prolonged standing. 1. Personal and family health history questionnaire review. 2. Complete physical examination including - a) Height b) Weight c) Blood Pressure d) Pulse (before and after exercise) e) Eyes (field of vision, extra ocular movements, pupils, fundi). f) Ears (tympanic membrane, wax) g) Nose, mouth, throat, dental hygiene h) Neck i) Chest j) Heart k) Lungs 1) Abdomen & Viscera — liver, kidneys, spleen m) External genitalia (men) and hernia check (all) n) Ski o) Spine p) Extremities q) Lymph nodes r) Nervous system NOTE: Physician must note any abnormalities, i.e., umbilical hernia, surgical scars, etc.) 3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. (Use of Titmus II testing equipment or its equivalent is required.) 4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz. 5. Radiological studies: Two view lumbar spine x-ray 6. Laboratory studies a) Urinalysis: Sugar and Albumin 7. Mobility and Flexibility test (to include Jarmar grip test) 8. Pre-employment Drug and Alcohol Screening — A screening test for evidence of the use of the following drugs: Marijuana, Cocaine, Opiates, Amphetamines and Phencyclidine. The following positions shall undergo pre-employment substance screening: a) Equipment Service Worker b) Equipment Mechanic I (Flex) c) Equipment Mechanic II d) Equipment Maintenance Supervisor e) Equipment Maintenance Manager f) Heavy Equipment Operator g) Motor Sweeper Operator h) Maintenance Worker II i) Lead Maintenance Worker 10       Packet Pg. 685 j) Maintenance Supervisor k) Tree Trimmer Assistant 1) Tree Trimmer I m) Tree Trimmer II n) Electrician I o) Traffic Signal Technician II p) HAZMAT Technician q) Parks Maintenance Worker III 9. DMV Exam: conducted using the specific instructions provided by DMV Form DL -51 for each category and any deviation will be reported by the physician to the Director of Human Resources. 10. Written report of findings by physician within seven (7) days from day of the examination. CLASS III: CLASSIFIED — Light to moderate physical demands upon employees. 1. Personal and family health history questionnaire review. 2. Complete physical examination by physician including: a) Height b) Weight c) Blood Pressure d) Pulse (before and after exercise) e) Eyes (field of vision, extra ocular movements, pupils, fundi). f) Ears (tympanic membrane, wax) g) Nose, mouth, throat dental hygiene h) Neck i) Chest j) Heart k) Lungs 1) Abdomen & Viscera — liver, kidneys, spleen m) External genitalia (men) and hernia check (all) n) Skin o) Spine p) Extremities q) Lymph nodes r) Nervous system NOTE: Physician must note any abnormalities, i.e., umbilical hernia, surgical scars, etc.) 3. Eye test: (Corrected and Uncorrected) Near and distant Vision, Peripheral and Color Vision. (Use of Titmus II testing equipment or its equivalent is required.) 4. Hearing Test: Audiometric testing using a PureTone Audiometer and sound proof booth. Testing levels of 500, 1000, 2000, 3000, 4000, 6000 Hz. 5. Laboratory studies: a) Urinalysis: Sugar and Albumin b) Urinalysis: Alcohol 6. Non -DOT drug screen — GCMS confirmation on all positive screens. 11       Packet Pg. 686 7. Written report of findings by physician within seven (7) days form day of the examination CLASS III: Recreation — Positions in this category are Recreation series and Lifeguard series. 1. Personal and family health history questionnaire review. 2. TB testing for employees involved in work in the close proximity of children 3. Non -DOT drug screen — GCMS confirmation on all positive screens. 4. Laboratory studies: a. Urinalysis: Alcohol b. Written report of findings by physician within seven (7) days from day of the examination. 12       Packet Pg. 687 EXHIBIT A-3 CITY OF SAN BERNARDINO FEE SCHEDULE FOR SERVICES PROVIDED Group I Police Exam $245.00 Group I w/DOT Police Exam $255.00 Group III Classified $125.00 Group III Recreation $65.00 Fitness For Duty Exam $55.00 Hepatitis B Series Vaccine Series (each) $60.00 Hepatitis B Titer Blood Test $50.00 TB Quantiferon Blood Test $75.00 DOT Exam $25.00 Drug Screen, Non -DOT & DOT $30.00 Breath Alcohol Test $25.00 Breath Alcohol Confirmation $10.00 13       Packet Pg. 688 -1- ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (“Assignment”) is made and entered into as of the 1st day of June, 2022, by Fox Occupational Medical Center (“Assignor”), Occupational Health Centers of California, A Medical Corporation d/b/a Concentra Medical Centers (“Assignee”), and the City of San Bernardino, a charter city and municipal corporation organized and existing under the laws of the State of California (“City”). WHEREAS, Assignor and City entered into that certain Vendor Services Agreement, dated July 1, 2018, for the purpose of providing pre-employment physicals and Fitness for Duty Evaluations (“Agreement”); and WHEREAS, the Agreement was subsequently extended through June 30, 2022 pursuant to the terms of the Agreement; and WHEREAS, pursuant to Section 5.5 of the Agreement, Assignor may not assign the Agreement without the written consent of the City; and WHEREAS, Assignee has entered into an acquisition agreement with Assignor to acquire all of Assignor’s assets; and WHEREAS, Assignor desires to assign the Agreement, Assignee agrees to assume the obligations of Assignor pursuant to the Agreement, and City desires to consent to such assignment of the Agreement. NOW, THEREFORE, in consideration of the premises and their respective best interests, the parties agree as follows: 1. Assignor assigns to Assignee the rights and obligations of Assignor as provided in the Agreement. 2. Assignee accepts the assignment of the Agreement and agrees to assume and perform all covenants and obligations required of Assignor thereunder to the extent, but only to the extent, occurring or accruing from and after the date hereof. Assignee covenants and agrees to indemnify, save, defend and hold harmless Assignor from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring from and after the date hereof. Assignor hereby agrees to indemnify, save, defend and hold harmless Assignee from and against any and all los s, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring prior to the date hereof. 3. City hereby consents to the assignment by Assignor to Assignee pursuant to the terms hereof and acknowledges that from and after the date hereof, Assignee has assumed all of Assignor’s obligations with regard to the Agreement. DocuSign Envelope ID: B566BC38-551E-45D9-B171-E56C1763DE9CDocuSign Envelope ID: 8592153C-4207-441C-9952-14FF15A8917E       Packet Pg. 689 -2- 4. Assignor and City do hereby represent and warrant to Assignee neither party is in default under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement. 5. This Assignment may be executed in any number of counterpart copies which together shall constitute one and the same document; and a signed copy of this Assignment sent by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document. IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written. ASSIGNOR: ASSIGNEE: Fox Occupational Medical Center Occupational Health Centers of California, A Medical Corporation d/b/a Concentra Medical Centers By: By: __ Name: Name: Kathy T. Le, MD, MPH Title: Title: President and Treasurer By: Name: Title: CITY: CITY OF SAN BERNARDINO By: ______________________ Robert D. Field, City Manager APPROVED AS TO FORM: ATTEST: _________________ Best Best & Krieger LLP Genoveva Rocha, CMC City Attorney City Clerk DocuSign Envelope ID: B566BC38-551E-45D9-B171-E56C1763DE9CDocuSign Envelope ID: 8592153C-4207-441C-9952-14FF15A8917E       Packet Pg. 690 -2- 4. Assignor and City do hereby represent and warrant to Assignee neither party is in default under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement. 5. This Assignment may be executed in any number of counterpart copies which together shall constitute one and the same document; and a signed copy of this Assignment sent by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document. IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written. ASSIGNOR: ASSIGNEE: Fox Occupational Medical Center Occupational Health Centers of California, A Medical Corporation d/b/a Concentra Medical Centers By: By: __ Name: Name: Kathy T. Le, MD, MPH Title: Title: President and Treasurer By: Name: Title: CITY: CITY OF SAN BERNARDINO By: ______________________ Robert D. Field, City Manager APPROVED AS TO FORM: ATTEST: _________________ Best Best & Krieger LLP Genoveva Rocha, CMC City Attorney City Clerk DocuSign Envelope ID: B566BC38-551E-45D9-B171-E56C1763DE9CDocuSign Envelope ID: E5BE28B2-7AFE-45BE-81B2-E74603CB0CB6 Roger Fox OWNER/PHYSICIAN       Packet Pg. 691 AMENDMENT NO. 1 TO AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, DBA CONCENTRA MEDICAL CENTERS This Amendment No. 1 to the Agreement for Pre-Employment Screen Services is made and entered into as of July 1, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, A MEDICAL CORPORATION DBA CONCENTRA MEDICAL CENTERS, a MEDICAL CORPORATION (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, ending June 30, 2022, for the purpose of providing Pre-Employment Screening Services (the “Master Agreement”) B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional seven (7) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended for an additional seven (7) months (January 31, 2023), unless earlier terminated. 3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed twenty-five thousand, four hundred and ninety-nine dollars ($25,499) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of forty-nine thousand, nine hundred and ninety-nine dollars ($49,999). Work shall be performed at the rates set forth in the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. DocuSign Envelope ID: EFE098AC-31BD-49CB-8CCB-9E977585770A       Packet Pg. 692 5.Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6.Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: EFE098AC-31BD-49CB-8CCB-9E977585770A       Packet Pg. 693 AMENDMENT NO. 1 TO AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, DBA CONCENTRA MEDICAL CENTERS IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, DBA CONCENTRA MEDICAL CENTERS Signature Name Title DocuSign Envelope ID: EFE098AC-31BD-49CB-8CCB-9E977585770A Kathy Le, MD (Feb 2, 2023 10:47 PST) Kathy Le, MD Kathy T. Le, MD, MPH President and Treasurer       Packet Pg. 694 AMENDMENT NO. 2 TO AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, DBA CONCENTRA MEDICAL CENTERS This Amendment No. 2 to the Agreement for Pre-Employment Screen Services is made and entered into as of February 1, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and HEALTH CENTERS OF CALIFORNIA, A MEDICAL CORPORATION DBA CONCENTRA MEDICAL CENTERS, a MEDICAL CORPORATION (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, ending January 31, 2023, for the purpose of providing Pre-Employment Screening Services (the “Master Agreement”) B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional two months (2) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended for an additional two months (2) months (April 30, 2023), unless earlier terminated. 3. Compensation. The compensation for services performed pursuant to this Amendment No. 2 shall not exceed twenty-five thousand and one dollars ($25,001) thereby increasing the total not to exceed compensation of the Master Agreement to the amount of seventy five thousand dollars ($75,000). Work shall be performed at the rates set forth in the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.       Packet Pg. 695 5. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE]       Packet Pg. 696 AMENDMENT NO. 2 TO AGREEMENT FOR PRE-EMPLOYMENT SCREENING SERVICES WITH OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, DBA CONCENTRA MEDICAL CENTERS IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles McNeely City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, DBA CONCENTRA MEDICAL CENTERS Signature Name Title       Packet Pg. 697 7 4 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Darren Goodman, Chief of Police Department:Police Subject:Resolution accepting the Federal Railroad Administration Railroad Trespassing Enforcement Grant. (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing: 1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant. 2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures. Background On June 13, 2022, the Federal Railroad Administration released a notice of funding opportunity for the Railroad Trespassing Enforcement Grant Program. The purpose of the Railroad Trespassing Enforcement Grant Program is to reduce the occurrence of trespassing along the rails, thereby reducing trespassing safety-related incidents. The solicitation was a nationwide competitive grant process to combat Railroad trespassing and Railroad Suicide Prevention. The funds are limited to pay officers’ regular and overtime wage rates and would incorporate mental health services, training for crisis response situations, and proactive patrols of locations determined to be “hot spots.” The Department applied and was awarded the grant in a previous grant cycle. The department applied to the current grant cycle on November 29, 2022. On April 4, 2023, the department received official notice of an approved grant award of $120,000, which is the maximum available award. Discussion The Railroad Trespassing Enforcement Grant is intended to reduce injury and death as a result of train strikes due to trespassing on the rails. The City is the largest major rail hub in Southern California, with more than 30 miles of federally regulated railroad tracks. The San Bernardino Police Department will use a data-driven approach to       Packet Pg. 698 7 4 5 enforce the appropriate laws to discourage and change behavior likely to lead to trespass-related injuries. In its application to the grant program, the City proposed “Operation Safe Rails II” to gain overtime funding to provide much-needed railroad trespassing enforcement and reduce trespassing and trespassing-related injuries. Enforcement will be data-driven and incorporate all-terrain vehicles, horse-mounted officers, drone surveillance, undercover surveillance vehicles, and uniformed officers in marked patrol cars. 2021-2025 Strategic Targets and Goals The request to authorize the receipt, obligation and expenditure of the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact The financial impact to the City is $120,000 in revenues and expenditures in the FY 2022/23 Adopted Budget; grant account number 123-210-8788. Expenditures made under this grant will be reimbursed on a quarterly basis. There are no fund match requirements under this grant. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-059, authorizing: 1. The City Manager to accept the FY 2022/23 Federal Railroad Administration Railroad Trespassing Enforcement Grant. 2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $120,000 in both revenue and expenditures. Attachments Attachment 1 Resolution 2023-059 Attachment 2 FRA Award Announcement Ward(s) All Synopsis of Previous Council Actions August 5, 2020 Mayor and City Council adopted Resolution 2020-182, authorizing the City Manager to accept $80,000 for the Federal Administration Railroad Trespassing Enforcement Grant, and authorizing the Director of Finance to amend the FY 2020/21 adopted budget.       Packet Pg. 699 Resolution No. 2023-059 Resolution 2023-059 May 3, 2023 Page 1 of 3 1 9 0 1 RESOLUTION NO. 2023-059 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2022/23 FEDERAL RAILROAD ADMINISTRATION RAILROAD TRESPASSING ENFORCEMENT GRANT AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE FY 2022/23 ADOPTED BUDGET APPROPRIATING $120,000 IN BOTH REVENUE AND EXPENDITURES. WHEREAS, the City of San Bernardino has been awarded the FY2022-23 Federal Railroad Administration Railroad Trespassing Enforcement Grant in the amount of $120,000; and WHEREAS, the Police Department will administer the use of the grant funds to reduce the occurrence of trespassing and trespassing related injuries through education and enforcement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the U.S. Department of Transportation Federal Railroad Administration for FY 2022/23 Railroad Trespassing Enforcement Grant in the amount of $120,000. SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY 2022/23 Adopted Budget increasing revenue and expenditures by $120,000. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 700 Resolution No. 2023-059 Resolution 2023-059 May 3, 2023 Page 2 of 3 1 9 0 1 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 701 Resolution No. 2023-059 Resolution 2023-059 May 3, 2023 Page 3 of 3 1 9 0 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-059, adopted at a regular meeting held on the 3rd day of May 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 702 Agreement 1. RECIPIENT NAME AND ADDRESS 2. AGREEMENT NUMBER:3. AMENDMENT NO. 4. PROJECT PERFORMANCE PERIOD: FROM 09/01/2008 TO 5. FEDERAL FUNDING PERIOD:FROM 09/01/2008 TO 1A. IRS/VENDOR NO. 6. ACTION1C. DUNS. 7.CFDA#: 9.PREVIOUS AGREEMENTS 10.THIS AGREEMENT 11. TOTAL AGREEMENT 12. INCORPORATED ATTACHMENTS 13. STATUTORY AUTHORITY FOR GRANT/ COOPERATIVE AGREEMENT 14. REMARKS GRANTEE ACCEPTANCE AGENCY APPROVAL 15. NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL 17. 16. SIGNATURE OF AUTHORIZED GRANTEE OFFICIAL 16A. DATE 18.18A. DATE AGENCY USE ONLY 19. OBJECT CLASS CODE: 20. ORGANIZATION CODE: 21. ACCOUNTING CLASSIFICATION CODES 8.PROJECT TITLE TITLE FEDERAL NON-FEDERAL TOTAL 1B. UEI. 12/01/2022 06/30/2024 12/01/2022 06/30/2024 Standard Terms and Conditions, Attachment 1; Statement of Work, Attachment 2; Deliverables and Approved Project Schedule, Attachment 3; Approved Project Budget, Attachment 4; Performance Measurements, Attachment 5 27X0700021 2023 2023 50,000.00 70,000.00 07024TPSRM 07024TPSRM 41010 5030300000 0 New956000772 805349206 20.325 710 N D St San Bernardino, CA 92401-1112 San Bernardino Police Department Trespassing 49 U.S.C. § 103 (i) and 49 U.S.C. § 20151(b)/ Consolidated Appropriations Act, 2019, Public Law No. 116-6 (February 15, 2019) 49 U.S.C. § 103 (i) and 49 U.S.C. § 20151(b)/ Consolidated Appropriations Act, 2021, Public Law No. 116-260 (December 27, 2020) Page 1 THIS AGREEMENT INCLUDES THE FOLLOWING ATTACHMENTS, INCORPORATED HEREIN AND MADE A PART HEREOF: CALIFORNIA CITY OF SAN BERNARDINO 27X070001969A36523404000CRSCA 69A36523404000CRSCA DOCUMENT NUMBER FUND BPACBY AMOUNT Grant 0.00 120,000.00 120,000.00 0.00 0.00 120,000.00 0.00 0.00 120,000.00 Federal Railroad Administration NAME AND TITLE OF AUTHORIZED FRA OFFICIAL SIGNATURE OF AUTHORIZED FRA OFFICIAL 69A36523404000CRSCA HRJPGFZSC3H6       Packet Pg. 703 AWARD ATTACHMENTS CALIFORNIA CITY OF SAN BERNARDINO 69A36523404000CRSCA Standard Terms and Conditions, Attachment 11. Statement of Work, Attachment 22. Deliverables and Approved Project Schedule, Attachment 33. Approved Project Budget, Attachment 44. Performance Measurements, Attachment 55.       Packet Pg. 704 1 DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION Grant Agreement – Attachment 1 STANDARD TERMS AND CONDITIONS December 2020       Packet Pg. 705 2 PART I. ATTACHMENT OVERVIEW AND DEFINITIONS Attachment 1 is part of the Agreement and contains the standard terms and conditions governing the execution of the Project and the administration of the Agreement. By entering into this Agreement with the Federal Railroad Administration (FRA), the Grantee agrees to comply with these terms and conditions and all applicable Federal laws and regulations, including those discussed in this Agreement. Terms that appear frequently throughout the Agreement are defined, as follows: a. Agreement means this Grant Agreement, including all attachments and amendments. As used on the Agreement cover sheet, section 9 “Previous Agreements” refers to the amount of the original Agreement, together with, if applicable, all amounts from amendments to the Agreement that precede the current amendment. As used on the Agreement cover sheet, section 10 “This Agreement” refers to the amount being added or subtracted with the current amendment, if applicable, or the original Agreement. As used on the Agreement cover sheet, and section 11 “Total Agreement” refers to the combined amounts of Section 9 “Previous Agreements” and Section 10 “This Agreement”. b. Application means the signed and dated application submitted by or on behalf of the Grantee, as may be amended, seeking Federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents, assurances and certifications filed with and accepted by FRA or DOT. c. Approved Project Budget is in Attachment 4 to this Agreement and means the most recently dated written statement, approved in writing by FRA, of the estimated total cost of the Project. d. Approved Project Schedule is in Attachment 3 to this Agreement. e. Authorized Representative means the person(s) at FRA or the Grantee who is able and approved to communicate on behalf of the organization, perform the referenced action, or commit the organization to the referenced action, pursuant to the organization’s internal policies, procedures, or reporting structure. f. DOT means the United States Department of Transportation, including its operating administrations. g. Effective Date means the earlier of the federal award date and the beginning of the Project Performance Period. h. Federal Contribution means the amounts obligated, whether paid or not, by FRA to the Grantee under this Agreement as shown in the “Federal” column in sections 9, 10 and 11 of the Agreement cover sheet. i. Federal Funding Period means the period that FRA provides funds under this Agreement as shown in section 5 of the Agreement cover sheet.       Packet Pg. 706 3 j. Federal Government means the United States of America and any executive department or agency thereof. k. Federal Railroad Administration or FRA is an operating administration of the DOT and the Federal Awarding Agency for this Agreement. l. Grantee means the entity identified on the Agreement cover sheet that receives Federal grant assistance directly from FRA for the accomplishment of the Project referenced in this Agreement. m. Grant as used in this Agreement means funding awarded through a grant agreement as well as funding awarded through a cooperative agreement as each of those terms is defined in 2 C.F.R. Part 200. n. Non-Federal Contribution means any amount, as shown under the “Non-Federal” column in sections 9, 10 and 11 of the Agreement cover sheet, including matching funds as used in 2 C.F.R. Part 200, not funded by FRA under this Agreement, regardless of whether the source of any or all of such contribution is a Federal source. o. Pre-Agreement Costs means “pre-award costs,” as that term is defined in 2 C.F.R. § 200.458. p. Project means the task or set of tasks set forth in the Statement of Work. q. Project Performance Period means “period of performance” as defined in 2 C.F.R. § 200.1 and described in 2 C.F.R. § 200.309, and is shown in section 4 of the Agreement cover sheet. r. Statement of Work means a detailed description of the work the Grantee will complete with the grant funding from this Agreement, and appears in Attachment 2 to this Agreement. s. Total Federal Assistance means the combined total of the Federal Contribution and the portion, if any, of the Non-Federal Contribution that is from a Federal source. Additional definitions are found in 2 C.F.R. § 200.1, and these definitions are incorporated herein by reference and made a part hereof. These definitions incorporated herein are not capitalized in this Agreement.       Packet Pg. 707 4 PART II. GENERAL TERMS AND CONDITIONS 1. Grant Agreement: This Agreement constitutes the entire agreement between the Grantee and FRA. All prior discussions and understandings concerning such scope and subject matter are superseded by this Agreement. This Agreement is governed by and subject to 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R. Part 1201. 2. FRA Role: This Agreement is between FRA and the Grantee. FRA is responsible for funding disbursements to the Grantee under this Agreement. FRA will also conduct oversight and monitoring activities to assess Grantee progress against established performance goals and the Statement of Work, as well as to assess compliance with terms and conditions and other requirements of this Agreement. If this award is made as a Cooperative Agreement, FRA will have substantial programmatic involvement. Substantial involvement means that, after award, technical, administrative, or programmatic staff will assist, guide, coordinate, or otherwise participate with the Grantee in Project activities. FRA may provide professional staff to review work in progress, completed products, and to provide or facilitate access to technical assistance when it is available, feasible, and appropriate, which may include the following: a. Financial Analyst. The Financial Analyst will serve as the Grantee’s point of contact for systems (e.g., GrantSolutions and the Delphi eInvoicing System) access and troubleshooting as well as for financial monitoring. The Financial Analyst is not authorized to unilaterally change the Statement of Work, make any changes which affect this Agreement’s monetary amount, the delivery schedule, Project Performance Period or other terms or conditions. b. Grant Manager. The Grant Manager will serve as the Grantee’s point of contact for grant administration and will oversee compliance with the terms and conditions in this Agreement. The Grant Manager reviews financial reports, performance reports, and works with the Regional Manager to facilitate effective Project delivery. The Grant Manager is not authorized to unilaterally change the Statement of Work, make any changes which affect this Agreement’s monetary amount, Project Performance Period, or other terms and conditions. c. Regional Manager. The Regional Manager will be the Grantee’s point of contact for the technical aspects of Project delivery. The Regional Manager coordinates Project deliverable review, evaluates Grantee technical assistance needs, and generally assesses Project progress and performance. The Regional Manager is not authorized to unilaterally change the Statement of Work, make any changes which affect this       Packet Pg. 708 5 Agreement’s monetary amount, Project Performance Period, or other terms and conditions. d. Contact Information. FRA strongly prefers electronic submission of most documents (instructions for electronic submission are included under various requirements outlined in Part II of this attachment). If the Grantee must mail documentation, that documentation should be delivered to the Grant Manager at: Federal Railroad Administration Office of Railroad Policy and Development Mail Stop 20 1200 New Jersey, SE Washington, DC 20590 ATTN: (ASSIGNED GRANT MANAGER) 3. Grantee Responsibility and Authority: The Grantee affirms that it had and has, as applicable, the legal authority to apply for the Grant, to enter into this Agreement, and to finance and carry out the proposed Project. The Grantee further affirms that any required resolution, motion or similar action has been duly adopted or passed as an official act authorizing the filing of the Application, where applicable, including all understandings and assurances contained therein, and the entering into of this Agreement. The Grantee will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Agreement without the written approval of the FRA, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with such performance by the Grantee. The Grantee agrees that this will be done in a manner acceptable to the FRA. 4. Project Scope, Schedule, and Budget: The Grantee agrees to carry out, complete and ensure the use of the Project in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, including the Approved Project Budget, the Statement of Work, the Approved Project Schedule, grant guidance, the Application as applicable, and all applicable laws, regulations, and published policies. a. Scope. The Grantee will furnish all personnel, facilities, equipment, and other materials and services, except as otherwise specified herein, that are necessary to complete the approved Project, in accordance with the representations, certifications and assurances set forth in the Grantee’s Applications(s) as applicable, and any amendments thereto, incorporated herein by reference and made a part hereof. b. Schedule. The Grantee will complete this Project, as documented in the Statement of Work, within the Project Performance Period. Schedule and Project Performance       Packet Pg. 709 6 Period extension requests may be permitted, at the discretion of the FRA, subject to applicable law. The Grantee should request such an extension no later than 90 days prior to the Project Performance Period end date. c. Budget. The Grantee will complete the Project within the funding limits and parameters specified on the Agreement cover sheet and the Statement of Work. 1) Project Costs and Funding Contributions. The Federal Contribution, Non-Federal Contribution and total estimated Project costs toward this Project are documented in sections 9, 10 and 11 of the Agreement cover sheet and may not be changed without a written request and justification from the Grantee, written approval from FRA, and an amendment or closeout to the Agreement. FRA will fund the Project at the lesser of the Federal Contribution or the Federal Contribution percentage of total Project costs, as reflected in sections 9, 10 and 11 of the Agreement cover sheet and the Statement of Work. 2) Non-Federal Contribution. The Grantee is responsible for completing the Project, including providing the Non-Federal Contribution and any other funds necessary for completing the Project. The Grantee affirms that it will complete all actions necessary to provide the Non-Federal Contribution at or before the time that such funds are needed to meet Project expenses. The Grantee also affirms that it has sufficient funds available to assure operation and maintenance of items funded under this Agreement that it will own or control. 3) Project Budget Detail. The Grantee agrees to carry out the Project according to the Approved Project Budget. The Grantee agrees to obtain the prior written approval from FRA for any revisions to this Approved Project Budget that equal or cumulatively exceed 10 percent of any budget line item (or pertain to a cost category involving contingency or miscellaneous costs), or amount to a reallocation of 10 percent or more of the total Approved Project Budget across cost categories. d. Property and Equipment. 1) The Grantee will operate the property and equipment funded with this Agreement for the originally authorized purpose. 2) If the Grantee is not the entity operating the property and/or equipment funded with this Agreement, then the Grantee represents that it will ensure the property and equipment funded with this Agreement will be used for the originally authorized purpose, if necessary, through appropriate arrangements with: i. The entity or entities operating the property and/or equipment funded with this Agreement; and       Packet Pg. 710 7 ii. If applicable, the owner of right-of-way used by the property and/or equipment funded with this Agreement. e. Pre-Agreement Costs. Grantee may request approval of Pre-Agreement costs incurred after the date of selection. Such a request must demonstrate the purpose and amount of the costs, and whether such costs serve as cost-sharing or matching funds. If FRA approves Pre-Agreement Costs, within the constraints described in the Statement of Work, the Grantee may seek reimbursement for these costs on or after the start of the Federal Funding Period specified on the Agreement cover sheet. Such costs are allowable for reimbursement only to the extent that they are otherwise allowable under the terms of this Agreement, and are consistent with 2 C.F.R. § 200.458. 5. Grant Amendments: Other than close-out, modifications to this Agreement may be made only in writing, signed by an Authorized Representative for FRA and the Grantee, and specifically referred to as an amendment to this Agreement. 6. Flow Down Provisions: The Grantee will ensure persons or entities that perform any part of the work under this Agreement, including subrecipients or Contractors, each as defined in 2 C.F.R. § 200.1, will comply with applicable federal requirements and federal guidance, and the applicable requirements of this Agreement. Grantee agrees that flowing down such requirements does not relieve it of any obligation to comply with the requirements itself. For each of the Grantee’s subawards or contracts to perform all or part of the work under this Agreement: a. The Grantee must include applicable grant regulations in the subaward or contract and ensure compliance with these provisions, including applicable provisions of 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R. Part 1201 See 2 C.F.R. § 200.101. b. The Grantee must include applicable federal statutory and regulatory requirements in the subaward or contract and ensure compliance with these requirements, including applicable limitations on use of federal funds. c. The Grantee must include any other applicable requirements of this Agreement in the subaward or contract and ensure compliance with these requirements. d. There will be provisions for the further flow down of the regulations and requirements in subsections (A) and (B) of this section to each subsequent subaward or subcontract, as required.       Packet Pg. 711 8 7. Successors and Assigns: The Grantee is not authorized to assign this Agreement without FRA’s express prior written consent. 8. Execution: This Agreement may be executed by the Grantee and FRA in separate counterparts, each of which when so executed and delivered will be deemed an original. 9. Changed Conditions of Performance (Including Litigation): The Grantee agrees to immediately notify FRA, in a written statement to the FRA Grant Manager, of any change in local law, conditions, or any other event that may affect its ability to perform the Project in accordance with the terms of this Agreement. In addition, the Grantee agrees to immediately notify the FRA Grant Manager of any decision pertaining to the Grantee's conduct of litigation that may affect FRA's interests in the Project or FRA's administration or enforcement of applicable federal laws or regulations. Before the Grantee may name FRA as a party to litigation for any reason, the Grantee agrees first to inform the FRA Grant Manager in writing; this proviso applies to any type of litigation whatsoever, in any forum. 10. Severability: If any provision of this Agreement is held invalid, all remaining provisions of this Agreement will continue in full force and effect to the extent not inconsistent with such holding. 11. Right of FRA to Terminate: a. The Grantee agrees that, upon written notice, FRA may suspend and/or terminate all or part of the Federal Contribution if: 1. Grantee fails to meet or violates the terms, conditions and obligations specified under this Agreement; 2. Grantee fails to make reasonable progress on the Project; 3. Grantee fails to provide the Non-Federal Contribution; 4. Grantee violates any other provision of this Agreement that significantly endangers substantial performance of the Project; 5. FRA determines that the purposes of the statute(s) under which the Project is authorized or funded would not be adequately served by continuation of the Federal Contribution; or 6. FRA determines that termination of this Agreement is in the public interest. b. In general, suspension and/or termination of any part of the Federal Contribution will not invalidate obligations properly incurred by the Grantee and concurred in by FRA       Packet Pg. 712 9 before the termination date; to the extent those obligations cannot be canceled. However, FRA reserves the right to require the Grantee to refund the entire amount of the Federal Contribution provided under this Agreement or any lesser amount as may be determined by FRA in its sole discretion, if FRA determines that the Grantee has willfully misused the Federal Contribution, including by: 1. Failing to make adequate progress 2. Failing to make reasonable use of the Project property, facilities, or equipment, or 3. Failing to adhere to the terms of this Agreement. 12. Term This Agreement is in effect from the Effective Date until the end of the closeout period, regardless of whether FRA suspends or terminates all or part of the Federal Contribution provided herein. The expiration of any time period for performance or funding established for this Project does not, by itself, constitute an expiration or termination of this Agreement. The end of the closeout period of this Agreement does not affect continuing obligations under 2 C.F.R. Part 200, including those in 2 C.F.R. § 200.345. Any right or obligation of the parties in this Agreement or the closeout notification which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. PART III. GRANT MANAGEMENT TERMS AND CONDITIONS Performance and Reporting Provisions 13. Deliverables and Products: The Grantee will submit deliverables, including publications or other products, to FRA as stipulated in this Agreement. Substantive changes to the nature of the deliverables or significant timeline modifications require advanced written approval and may require an Amendment to this Agreement. The Grantee will submit deliverables that adhere to all applicable laws, regulations, and FRA guidance within the timeframes established. In some instances, as articulated in the Statement of Work, the Grantee may be required to submit deliverables and obtain approval from FRA prior to continuing all or a portion of the work on the Project. Accordingly, the Grantee must account for FRA deliverable review time when planning work or submissions. Whether for technical examination, administrative review, publication, or approval, all deliverable submissions will be of a professional quality and suitable for their intended purpose.       Packet Pg. 713 10 14. Quarterly Progress Reports: The Grantee will submit one completed progress report quarterly (totaling four annually), in the form/format provided by FRA at http://www.fra.dot.gov/Page/P0274. For the duration of the Project Performance Period, the Grantee must report for the periods of: January 1 – March 31; April 1 – June 30; July 1 – September 30; and October 1 – December 31. The Grantee will furnish one copy of the completed progress report to the assigned FRA Grant Manager on or before the thirtieth (30th) calendar day of the month following the end of the quarter for which the report is submitted. The Grantee will complete the report in its entirety with the most accurate information available at the time of reporting. The Grantee must be able to support the information contained in its progress reports and ensure that the activities described in the report are commensurate with reimbursement requests and/or outlay figures reported for the quarter. This report will be consistent with 2 C.F.R. §§ 200.301 and 200.329. 15. Quarterly Federal Financial Reports: The Grantee will submit the Federal Financial Report (Standard Form 425) on the same schedule as the required quarterly progress report (listed above). Reports should be submitted online through GrantSolutions. Reports will be submitted in accordance with the form’s instructions. The final SF-425 is due within 120 days after the end of the Project Performance Period, but may be submitted as soon as all outstanding expenditures have been completed. The Grantee must be able to support the information contained in its financial reports and will ensure that all data included in the reports is accurate and consistent. 16. Interim and Final Performance Reports: If required by the Statement of Work, the Grantee will submit interim reports at the intervals specified in the Statement of Work. The Grantee must submit a Final Performance Report via email to the FRA Grant Manager when the Project(s) funded through this Agreement are completed. The Grantee must complete closeout activities and submit reports, no later than 120 days after the end of the Project Performance Period for this Agreement or the FRA termination date. 17. Project Completion and Closeout: a. Final Documentation. As soon as the funded Project(s) are complete, the Grantee will submit a final SF-425, a final Progress Report, a final Performance Report, and a final payment request. Closeout activities by Grantee, including submission of the referenced documents, must be completed no later than 120 days after the end of the Project Performance Period for this Agreement or the FRA termination date. b. Excess Payments. If FRA has made payments to the Grantee in excess of the total amount of FRA funding due, the Grantee will promptly remit that excess and interest       Packet Pg. 714 11 as may be required by section 20(f) of this Attachment. c. Closeout. Grantees should begin closeout procedures when their Project(s) is complete. The Project closeout period is complete when all of the following is complete: 1) the required Project work is complete; 2) all administrative procedures described in 2 C.F.R. Part 200 (all sections), as applicable, have been completed; and 3) when FRA either notifies the Grantee of closeout or when FRA acknowledges the Grantee's remittance of a proper refund. Project closeout will not invalidate any continuing obligations imposed on the Grantee by this Agreement, including 2 C.F.R. § 200.345, or by the FRA's final notification or acknowledgment. 18. Transparency Act Requirements—Reporting Subawards and Executive Compensation: The Grantee will comply with the provisions of the Federal Funding Transparency and Accountability Act of 2006 (Pub. L. 109-282) and 2 C.F.R. Part 170, incorporated herein by reference and made part hereof. For more information, visit https://www.fsrs.gov/. 19. Recipient Integrity and Performance Matters a. General Reporting Requirement. If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the Project Performance Period, then the Grantee during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in subsection (b) of this section. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for federal procurement contracts, will be publicly available. b. Proceedings About Which the Grantee Must Report. Submit the information required about each proceeding that: 1) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the federal government; 2) Reached its final disposition during the most recent five-year period; and 3) Is one of the following: • A criminal proceeding that resulted in a conviction, as defined in subsection (e) of this section;       Packet Pg. 715 12 • A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; • An administrative proceeding, as defined in subsection (e) of this section, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or • Any other criminal, civil, or administrative proceeding if: o It could have led to an outcome described in subsection (b)(3) of this section; o It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and o The requirement in this section to disclose information about the proceeding does not conflict with applicable laws and regulations. c. Reporting Procedures. Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in section (b) of this section. The Grantee does not need to submit the same information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under federal procurement contracts that the Grantee was awarded. d. Reporting Frequency. During any period of time when the Grantee is subject to the requirement in subsection (a) of this section, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. e. Definitions. For purposes of this section: 1) Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the federal and state level but only in connection with performance of a federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables.       Packet Pg. 716 13 2) Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. 3) Total value of currently active grants, cooperative agreements, and procurement contracts includes— • Only the federal share of the funding under any federal award with a Grantee; and • The value of all expected funding increments under a federal award and options, even if not yet exercised. Financial Management Provisions 20. Payments: a. Request by the Grantee for Payment. The Grantee's request for payment of the Federal Contribution of allowable costs will be made to FRA and will be acted upon by FRA as set forth in this section. For states, payments are governed by Treasury/State CMIA agreements, and default procedures codified at 31 C.F.R. Part 205 “Rules and Procedures for Efficient Federal-State Funds Transfers” and TFM 4A-2000 Overall Disbursing Rules for All Federal Agencies. Non-states must comply with the provisions of 2 C.F.R. §200.305(b). To receive a Federal Contribution payment, the Grantee must: 1) Demonstrate or certify that it has made a binding commitment of the Non-Federal Contribution, if applicable, adequate when combined with the Federal Contribution, to cover all costs to be incurred under the Project as of the date of the request. A Grantee required by federal statute or this Agreement to provide Non-Federal Contribution for the Project agrees: i. to refrain from requesting or obtaining any Federal Contribution that is more than the amount justified by the Non-Federal Contribution that has been provided; and ii. to refrain from taking any action that would cause the proportion of the Federal Contribution at any time to exceed the percentages authorized under this Agreement. The phasing or expenditure rate of the Non- Federal Contribution may be temporarily adjusted only to the extent expressly provided in writing by an Authorized Representative of FRA. 2) Submit to FRA all financial and progress reports required to date under this Agreement; and       Packet Pg. 717 14 3) Identify the funding source(s) provided under this Project, if applicable, from which the payment is to be derived. b. Reimbursement Payment by FRA. Unless otherwise approved by FRA, FRA will disburse funds to the Grantee on a reimbursable basis, whereby the Grantee will be reimbursed for actual expenses incurred and paid, after the submission of complete and accurate invoices and payment records. The Grantee’s request for payment will be made to FRA through the Department of Transportation’s Delphi eInvoicing System and will be acted upon as set forth in this section. 1) Delphi eInvoicing System first-time users must obtain access to the System by contacting the Financial Analyst. Additional information on the System can be found at www.dot.gov/cfo/delphi-einvoicing-system.html. 2) Upon receipt of a payment request and adequate accompanying information (invoices in accordance with applicable cost principles), FRA will authorize payment by direct deposit, provided the Grantee: (i) is complying with its obligations under this Agreement; (ii) has satisfied FRA that it needs the requested Federal Contribution for the period covered by the payment request (as identified on the Standard Form 270 Request for Advance or Reimbursement (SF- 270)); and (iii) is making adequate and timely progress toward Project completion. If all these circumstances are present, FRA may reimburse allowable costs incurred by the Grantee up to the maximum amount of the Federal Contribution. The Grantee agrees to give a written, five-day notice to the assigned FRA Grant Manager for any payment request totaling $50 million or more. Grantees should note that FRA is unable to process single payment requests greater than $99,999,999. The Grantee agrees to adhere to and impose upon its subrecipients all applicable foregoing "Reimbursement Payment by FRA" requirements of this Agreement. If the Grantee fails to adhere to the foregoing "Reimbursement Payment by FRA" requirements of this Agreement, FRA may withhold funding disbursements. c. Allowable Costs. FRA will reimburse the Grantee's expenditures, within the Federal Funding Period, only if they meet all of these requirements: 1) Conform to the Project description, the Statement of Work, the Approved Project Budget, and all other terms of this Agreement; 2) Be necessary in order to accomplish the Project; 3) Be reasonable for the goods or services purchased; 4) Be actual net costs to the Grantee (i.e., the price paid minus any applicable       Packet Pg. 718 15 credits, refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred); 5) Be incurred (and be for work performed) within the Project Performance Period, unless specific authorization from FRA to the contrary is received in writing; 6) Unless permitted otherwise by federal statutes or regulation, conform to federal guidelines or regulations and federal cost principles, as set forth in 2 C.F.R. Subpart E § 200.400 – 200.476. 7) Be satisfactorily documented; and 8) Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by FRA for the Grantee, and those approved or prescribed by the Grantee for its subrecipients and contractors. d. Disallowed Costs. Disallowed costs include the following: 1) Any Project costs incurred, activities undertaken, or work performed outside of the Project Performance Period, unless specifically authorized by FRA in writing, allowed by this Agreement, or otherwise permitted by federal law or regulation; 2) Any costs incurred by the Grantee that are not included in the latest Approved Project Budget; and 3) Any costs attributable to goods or services received under a contract or other arrangement that is required to be, but has not been, concurred in or approved in writing by FRA. The Grantee agrees that reimbursement of any cost under this section does not constitute a final FRA decision about the allowability of that cost and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement. The Grantee understands that FRA will not make a final determination about the allowability of any cost until an audit of the Project has been completed. If FRA determines that the Grantee is not entitled to receive any part of the Federal Contribution requested, FRA will notify the Grantee stating the reasons therefor. Project closeout will not alter the Grantee's obligation to return any funds due to FRA as a result of later refunds, corrections, or other transactions. Project closeout will not alter FRA's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by law, FRA may offset any Federal Contribution to be made available under this Agreement, as needed, to satisfy any outstanding monetary claims that the federal government may have against the Grantee. Exceptions pertaining to disallowed costs will be assessed based on their applicability, as set forth in the applicable federal cost principals or other written       Packet Pg. 719 16 federal guidance. e. Bond Interest and Other Financing Costs. To the extent permitted in writing by FRA and consistent with 2 C.F.R. § 200.449, bond interest and other financing costs are allowable. f. Requirement to Remit Interest. The Grantee agrees that any interest earned by the Grantee on the Federal Contribution must be handled in accordance with 2 C.F.R. §200.305, and remittance back to the federal government must be made in accordance with the provisions thereof. 21. Accounting Procedures: a. Project Accounts. The Grantee will establish and maintain for the Project either a separate set of accounts or accounts within the framework of an established accounting system, in a manner consistent with 2 C.F.R. §§ 200.302, 200.303, and 200.305. b. Funds Received or Made Available for the Project. Grantees other than states will follow the provisions of 2 C.F.R. § 200.305(b) with respect to the use of banks and other institutions as depositories of any advance payments that may be received under this Agreement. States will follow the provisions of 2 C.F.R. §200.305(a). c. Documentation of Project Costs and program income. All costs charged to the Project, including any approved services contributed by the Grantee or others, will be supported by properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The Grantee will also maintain accurate records of all program income derived from Project implementation. d. Checks, Orders, and Vouchers. The Grantee will ensure that all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project are clearly identified with a Grant Agreement number, readily accessible, and, to the extent feasible, kept separate from documents not pertaining to the Project. 22. Program Income: The Grantee is encouraged to earn income to defray Project costs, where appropriate, and should work with the assigned FRA Grant Manager to determine how this income may be applied to the grant, in accordance with 2 C.F.R. § 200.307 and 2 C.F.R. § 1201.80. Program income not deducted from total allowable costs may be used only for the purposes and under the terms and conditions established in this Agreement. Records of program income should be maintained consistent with subsection 21(c) of this Agreement.       Packet Pg. 720 17 Project Management Provisions 23. Environmental Protection: a. Grantee Assistance. Grantees must comply with the governing laws and regulations referenced in section 44(c) of this Attachment and may also be required to assist with FRA’s compliance with applicable Federal laws, regulations, executive orders, and policies related to environmental review under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., and its implementing regulations (40 C.F.R. Part 1500 et seq.); FRA's "Procedures for Considering Environmental Impacts" (45 Fed. Reg. 40854, June 16, 1980), as revised May 26, 1999, 64 Fed. Reg. 28545, and as updated in 78 FR 2713, January 14, 2013) or 23 C.F.R. Part 771, as applicable; Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. § 300101 et seq.) and its implementing regulations (36 C.F.R. Part 800); Executive Order No. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. § 303(c)), and its implementing regulations (23 C.F.R. Part 774). In providing such assistance, FRA may require that the Grantee conduct environmental and/or historic preservation analyses and to submit documentation to FRA. b. Timing of Grantee Action. The Grantee may not expend any of the funds provided in this Agreement on construction activities or other activities that represent an irretrievable commitment of resources to a particular course of action affecting the environment until FRA has provided the Grantee with a written notice authorizing the Grantee to proceed. See 23 C.F.R. § 771.113(a). c. Minimization, Avoidance and Mitigation Measures. The Grantee must implement all measures to minimize, avoid, or mitigate adverse environmental impacts identified by FRA in the categorical exclusion, Finding of No Significant Impact, or Record of Decision for the Project. The Grantee must also implement any additional measures identified through all other environmental or historic preservation review processes conducted to support Project construction and operation (e.g., any commitments included in a Memorandum of Agreement executed pursuant to Section 106 of the NHPA). d. Revisions to Minimization, Avoidance or Mitigation Measures. The Grantee must provide FRA with written notice if it has not, or cannot, implement any of the minimization, avoidance or mitigation measures identified in subsection (c). Upon receiving such notice, FRA will provide the Grantee direction in writing, which may include substitute mitigation measures. FRA may also revise its categorical exclusion, Finding of No Significant Impact, or Record of Decision.       Packet Pg. 721 18 24. Property, Equipment and Supplies: Unless otherwise approved by FRA, the following terms and conditions apply to property, equipment, and supplies funded under this Agreement: a. General Federal Requirements. The Grantee will comply with the property standards of 2 C.F.R. §§ 200.310 through 200.316, including any amendments thereto, and other applicable guidelines or regulations. Exceptions to the requirements must be specifically approved by FRA in writing. The Grantee will use Project real property, as defined in 2 C.F.R. § 200.1, in accordance with the Property Standards of 2 C.F.R. § 200.311. Notwithstanding 2 C.F.R. § 200.313, subrecipients of states will comply with 2 C.F.R. § 1201.313 with respect to the use, management and disposal of equipment acquired under this Agreement. b. Maintenance. The Grantee agrees to maintain the Project property and equipment in good operating order, and in accordance with any guidelines, directives, or regulations that FRA may issue. c. Records. The Grantee agrees to keep satisfactory records with regard to the use of the property, equipment, and supplies, and submit to FRA, upon request, such information as may be required to assure compliance with this section of this Agreement. d. Transfer of Project Property, Equipment or Supplies. The Grantee agrees that FRA may require the Grantee to transfer title to, or direct the disposition of, any property, equipment, or supplies financed with FRA assistance made available by this Agreement, as required by 2 C.F.R. §§ 200.311 – 200.316. e. Withdrawn Property, Equipment or Supplies. If any Project property, equipment, or supplies are not used for the Project for the duration of their useful lives, as determined by FRA, whether by planned withdrawal, misuse or casualty loss, the Grantee agrees to notify FRA immediately. Disposition of withdrawn property, equipment, or supplies will be in accordance with 2 C.F.R. §§ 200.311 – 200.316. f. Encumbrance of Project Property or Equipment. Unless expressly authorized in writing by FRA, the Grantee agrees not to: 1) Execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would dispose of or encumber the Grantee’s title or other interest in any Project property or equipment; or 2) Obligate itself in any manner to any third party with respect to Project property or equipment. The Grantee will refrain from taking any action or acting in a manner that would adversely affect FRA's interest or impair the Grantee's continuing control over the use of Project property or equipment.       Packet Pg. 722 19 25. Relocation and Land Acquisition: The Grantee agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §§ 4601 et seq. and the U.S. DOT implementing regulations, 49 C.F.R. Part 24. 26. Flood Hazards: The Grantee agrees to comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(a), with respect to any construction or acquisition project. 27. Procurement: a. Federal Standards. The Grantee may acquire property, goods or services in connection the Project. If the Grantee is a state, then it will use its own procurement procedures that reflect applicable state laws and regulations in compliance with 2 C.F.R. § 200.317. A subrecipient of a state will follow such policies and procedures allowed by that state when procuring property and services under this award consistent with 2 C.F.R. § 1201.317, notwithstanding 2 C.F.R. § 200.317. An entity that is not a state or a subrecipient of a state will comply with 2 C.F.R. §§ 200.318 – 200.327, and applicable supplementary U.S. DOT or FRA directives and regulations. If determined necessary for proper Project administration, FRA reserves the right to review the Grantee's technical specifications and requirements. b. Cargo Preference -- Grantee will comply with the U.S. DOT Maritime Administration regulations, 46 C.F.R. Part 381 as follows: 1) Use of United States-flag vessels: • Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this Agreement, and which may be transported by ocean vessel, will be transported on privately owned United States-flag commercial vessels, if available. • Within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (a)(1) of this section will be furnished to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.       Packet Pg. 723 20 2) The Grantee will insert the following clauses in contracts let by the Grantee in which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project. “Use of United States-flag vessels: The contractor agrees - 1) To utilize privately owned United States-flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this contract to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2) To furnish within 20 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside the United States, a legible coy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in subsection (1) above to the recipient (through the prime contractor in the case of subcontractor bills-of lading) and to the Division of Cargo Preference and Domestic Trade, Maritime Administration, 1200 New Jersey Avenue, SE, Washington, D.C. 20590, marked with appropriate identification of the Project. 3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.” c. Notification Requirement. With respect to any procurement for goods and services (including construction services) having an aggregate value of $500,000 or more, the Grantee agrees to: 1) specify in any announcement of the awarding of the contract for such goods or services the amount of Federal Contribution that will be used to finance the acquisition; and 2) express said amount as a percentage of the total costs of the planned acquisition. d. Debarment and Suspension; and Drug-Free Work Place. The Grantee agrees to obtain certifications on debarment and suspension from its third-party contractors and subrecipients and otherwise comply with U.S. DOT regulations, Nonprocurement Suspension and Debarment, 2 C.F.R. Part 1200, and Government- wide Requirements for Drug-Free Workplace (Grants), 49 C.F.R. Part 32. e. Small and Disadvantaged Business Requirements. The Grantee shall expend all funds under this award in compliance with the requirements at 2 C.F.R. § 200.321       Packet Pg. 724 21 (“Contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms”), and to the extent applicable, 49 C.F.R. Part 26 (“Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs”). 28. Rights in Intangible Property: a. Title to Intangible Property. Intangible property, as defined in 2 C.F.R. § 200.1, acquired in the performance of this Agreement vests upon acquisition in the Grantee. The Grantee must use that property for the originally-authorized purpose, and must not encumber the property without approval of FRA. When no longer needed for the originally-authorized purpose, disposition of the intangible property must occur in accordance with the provisions of 2 C.F.R. § 200.313(e). b. Copyright. The Grantee may copyright any work that is subject to copyright and was developed or for which ownership was acquired under this Agreement. FRA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do so. c. Patents. The following provisions will apply to patents under this Agreement: 1) The Grantee is subject to applicable regulations governing patents and inventions, including government-wide regulations issued by the Department of Commerce at 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements”. 2) If the Grantee secures a patent with respect to any invention, improvement, or discovery of the Grantee or any of its subrecipients or contractors conceived or first actually reduced to practice in the course of or under this Project, the Grantee agrees to grant to FRA a royalty-free, nonexclusive, and irrevocable license to use and to authorize others to use the patented device or process. d. Research Data. For any research data (as defined in 2 C.F.R. § 200.315(e)(3)) acquired under a grant or contract, FRA has the right to: 1) Obtain, reproduce, publish, or otherwise use the research data produced under this Agreement; and 2) Authorize others to receive reproduce, publish, or otherwise use such data. e. Freedom of Information Act (FOIA). Responding to a FOIA request under this Agreement will be handled in accordance with the provisions of 2 C.F.R. § 200.315(e), including any definitional provisions set forth therein. The “Federal awarding agency” is FRA, and the “non-Federal entity” is the Grantee       Packet Pg. 725 22 for purposes of this clause. 29. Acknowledgment of Support and Disclaimer: a. Acknowledgement and Disclaimer. An acknowledgment of FRA support and a disclaimer of said support must appear in any Grantee publication developed under a research and development grant, or any other product based on or developed under the Agreement as directed by FRA, whether copyrighted or not, in the following terms: 1) "This material is based upon work supported by the Federal Railroad Administration under [Grant/Cooperative Agreement number], [date of award]." 2) "Any opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Federal Railroad Administration and/or U.S. DOT." b. Signs. The Grantee is encouraged to erect at the site of any construction, and to maintain during construction, signs identifying the Project and indicating that FRA is participating in the development of the Project. 30. Reprints of Publications: At such time as any article resulting from work under this Agreement is published in a scientific, technical, or professional journal or publication, two reprints of the publication should be sent to the FRA Grant Manager, clearly referenced with the appropriate identifying information. Documentation and Oversight Provisions 31. Record Retention: During the course of the Project and for three years after notification of grant closeout, the Grantee agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as FRA may require. In cases where litigation, a claim, or an audit is initiated prior to the expiration of the record retention period, records must be retained until completion of the action and resolution of issues or the end of the record retention period, whichever is later. Reporting and record-keeping requirements are set forth in 2 C.F.R. §§ 200.334 – 200.338 Project closeout does not alter these requirements.       Packet Pg. 726 23 32. Audit and Inspection. a. General Audit Requirements. The Grantee will comply with all audit requirements of 2 C.F.R. §§ 200.500 – 200.512. b. Inspection by Federal Officials. The Grantee agrees to permit the Secretary and the Comptroller General of the United States, or their Authorized Representatives, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its contractors and subrecipients pertaining to the Project. 33. Fraud, Waste or Abuse: The Grantee agrees to take all steps, including initiating litigation, if necessary, to recover the Federal Contribution if the FRA determines, after consultation with the Grantee, that all or a portion of such funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner in undertaking the Project. 34. Site Visits: FRA, through its Authorized Representatives, has the right, at all reasonable times, to make site visits to review Project activities, accomplishments, and management control systems and to provide such technical assistance as may be required. If any site visit is made by FRA under this Agreement on the premises of the Grantee, contractor, beneficiary or subrecipient, the Grantee will provide, or will ensure the provision of all reasonable facilities and assistance for the safety and convenience of FRA representatives in the performance of their duties. All site visits and evaluations will be performed in such a manner as will not unduly delay work being conducted by the Grantee or any subrecipient. 35. Safety Compliance: To the extent applicable, the Grantee agrees to comply with any Federal regulations, laws, or policy and other guidance that FRA or U.S. DOT may issue pertaining to safety in general, and in the performance of this Agreement, in particular. 36. Electronic and Information Technology: The Grantee agrees that reports or information it provides to or on behalf of FRA will use electronic or information technology that complies with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794d, and “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. Part 1194.       Packet Pg. 727 24 Other Legislative and Regulatory Provisions 37. Buy American: a. The Grantee’s acquisition of steel, iron and manufactured goods with funding provided through this Agreement is subject to the requirements set forth in the Buy American Act, 41 U.S.C. §§ 8301-8305, if applicable. The Grantee also represents that it has never been convicted of violating the Buy American Act nor will it make funding received under this Agreement available to any person or entity who has been convicted of violating the Buy American Act. b. Under 2 C.F.R. § 200.322, as appropriate and to the extent consistent with law, the Grantee should, to the greatest extent practicable under this award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The Grantee will include the requirements of 2 C.F.R. § 200.322 in all subawards including all contracts and purchase orders for work or products under this award. 38. Ethics: a. Standards of Conduct. The Grantee will maintain a written code or standards of conduct governing the performance of its officers, employees, board members, or agents engaged in the award and administration of contracts or agreements supported by the Federal Contribution provided through this Agreement. The code or standards will provide that the Grantee's officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subrecipients or contractors. The Grantee may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by state or local law or regulations, such code or standards will provide for penalties, sanctions, or other disciplinary actions for violations by the Grantee's officers, employees, board members, or agents, or by subrecipients or their agents. 1) Personal Conflict of Interest. The Grantee's code or standards must provide that no employee, officer, board member, or agent of the Grantee may participate in the selection, award, or administration of a contract supported by the Federal Contribution if a real or apparent conflict of interest would be involved. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. 2) Organizational Conflicts of Interest. The Grantee's code or standards of conduct must include procedures for identifying and preventing real and       Packet Pg. 728 25 apparent organizational conflicts of interests. An organizational conflict of interest exists when the nature of the work to be performed under a proposed contract, may, without some restrictions on future activities, result in an unfair competitive advantage to the contractor or impair the contractor's objectivity in performing the contract work. b. Existing Codes or Standards. This section does not require the Grantee to implement a new code or standards of conduct where a state statute, or written code or standards of conduct, already effectively covers all of the elements of Section 38(a) of this Attachment. 39. Civil Rights: The Grantee agrees to comply with all civil rights laws and regulations, in accordance with applicable Federal directives. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, 42 U.S.C. § 2000d et seq., the DOT Title VI regulations at 49 C.F.R. part 21, which prohibits discrimination on the basis of race, color or national origin; (b) the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq., the DOT ADA regulations at 49 C.F.R. parts 37-38, section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and the DOT regulations at 49 C.F.R. part 27, which prohibits discrimination of the basis of disability; (c) the Age Discrimination in Employment Act, as amended (42 U.S.C. §§ 621 – 634), and the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 1601-1607), which prohibits discrimination on the basis of age; (d) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of sex; (e) 49 U.S.C. § 306, which prohibits discrimination on the basis of race, color, national origin, or sex in railroad financial assistance programs; (f) any nondiscrimination regulation implemented relating to the above stated statutes; (g) any nondiscrimination Executive Order implemented relating to the above stated statutes; (h) any U.S. DOT Order implemented relating to nondiscrimination, and (i) any other applicable federal laws, regulations, requirements, and guidance prohibiting discrimination. 40. SAM Registration and DUNS Number: The Grantee is responsible for maintaining an active SAM Registration and Data Universal Numbering System (DUNS) Number and ensuring that all SAM/DUNS information is current throughout the lifecycle of this Agreement, in accordance with 2 C.F.R. § 25.200(a)(2). If SAM/DUNS information becomes inactive, expired, or incorrect, the Grantee will not be able to do any grant-related business with FRA, including the obligation and/or payment of Federal grant funds, and FRA may take appropriate action to terminate this Agreement, in accordance with the terms of this Agreement. 41. Freedom of Information Act:       Packet Pg. 729 26 The FRA is subject to the Freedom of Information Act (FOIA). The Grantee should, therefore, be aware that all applications and related materials submitted by the Grantee related to this Agreement will become agency records and thus are subject to FOIA and to public release through individual FOIA requests. 42. Text Messaging While Driving: The Grantee is encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies that bar text messaging while driving company-owned or –rented vehicles, or government-owned, leased, or rented vehicles or privately-owned vehicles when on official government business or when performing any work for or on behalf of the government. See Executive Order 13513 “Federal Leadership on Reducing Text Messaging While Driving,” Oct. 1, 2009 (available at http://www.gpo.gov/fdsys/pkg/FR-2009-10-06/pdf/E9-24203.pdf) and DOT Order 3902.10 “Text Messaging While Driving,” Dec. 30, 2009, as implemented by Financial Assistance Policy Letter (No. FAP- 2010-01, Feb. 2, 2010, available at http://www.dot.gov/sites/dot.dev/files/docs/FAPL_2010-01.pdf. This includes, but is not limited to, the Grantee: • considering new rules and programs or re-evaluating existing programs to prohibit text messaging while driving; • conducting education, awareness, and other outreach for employees about the safety risks associated with texting while driving; and • encouraging voluntary compliance with the agency’s text messaging policy while off duty. The Grantee is encouraged to insert the substance of this clause in all assistance awards. Where a Grantee is located within a state that already has enacted legislation regarding texting while driving, that state’s law controls and the requirements of this section will not apply to or be a part of this Agreement. 43. Trafficking in Persons: a. Provisions applicable to a recipient that is a private entity. i. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or       Packet Pg. 730 27 iii. Use forced labor in the performance of the award or subawards under the award. ii. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— a) Associated with performance under this award; or b) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R. part 1200. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— 1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— a) Associated with performance under this award; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as implemented by our agency at 2 C.F.R. part 1200. c. Provisions applicable to any recipient. 1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:       Packet Pg. 731 28 i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3) You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1) ‘‘Employee’’ means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2) ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3) ‘‘Private entity’’: i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. ii. Includes: (a) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). (b) A for-profit organization. 4) ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and ‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 5) “Recipient” and “subrecipient” include for-profit entities for the purpose of this award term only. 44. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:       Packet Pg. 732 29 Grant, cooperative agreement, and loan recipients are prohibited from using government funds to enter into subawards or contracts (or extend or renew subawards or contracts) with entities that use covered technology. See section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, 132 Stat. 1636, 1917 (Aug. 13, 2018). See also 2 C.F.R. § 200.471. PART IV. GOVERNING LAWS AND REGULATIONS 45. Governing Laws and Regulations: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Grantee acknowledges and agrees that its performance will be governed by and in compliance with this Agreement, 2 C.F.R. §§ 200 – 200.521, including Appendices I – XI, and DOT’s implementing regulations at 2 C.F.R. Part 1201. b. Application of Federal, State, and Local Laws and Regulations. 1) Federal Laws and Regulations. The Grantee understands that Federal laws, regulations, policies, and related administrative practices in place on the date this Agreement was executed may be modified from time to time. The Grantee agrees that the most recent of such Federal requirements will govern the administration of this Agreement at any particular time, except if there is sufficient evidence in this Agreement of a contrary intent. Likewise, new Federal laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed and may apply to this Agreement. To achieve compliance with changing federal requirements, the Grantee agrees to include in all subawards and contracts financed with all or part of the Federal Contribution under this Agreement, specific notice that Federal requirements may change and the changed requirements will apply to the Project, as required. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements. 2) State, Territorial Law and Local Law. Except to the extent that a Federal statute or regulation preempts state, territorial, or local law, nothing in this Agreement will require the Grantee to observe or enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable state, territorial, or local law; however, if any of the provisions of this Agreement violate any applicable state, territorial, or local law, or if compliance with the provisions of this Agreement would require the Grantee to violate any applicable state, territorial, or local law, the Grantee agrees to notify the FRA immediately in writing in order that FRA and the Grantee may make appropriate arrangements to proceed with the Project.       Packet Pg. 733 30 3) The Grantee will ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. Further, the Grantee will ensure compliance with all regulations, executive orders, policies, guidance, and requirements as they relate to the application, acceptance, and/or use of funds under this Agreement which may include, but are not limited to, those referenced in this Agreement. c. Environmental Protection. In addition to complying with the requirements described in Section 23 of this Attachment, the Grantee will ensure that all work conducted under this Agreement complies with all applicable laws, regulations, executive orders, and policies related to environmental protection and historic preservation, including, but not limited to: Section 114 of the Clean Air Act (42 U.S.C. § 7414); and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. § 1318).       Packet Pg. 734 ATTACHMENT 2 STATEMENT OF WORK City of San Bernardino City of San Bernardino Operation Safe Rails II Railroad Trespassing Enforcement Activities Program (FY2021) I. AUTHORITY Authorization 49 U.S.C. § 103 (i) and 49 U.S.C. § 20151(b) Funding Authority/Appropriation Consolidated Appropriations Act, 2021, Div. L, Tit I, Public Law 116-260 and related funding provided in the Consolidated Appropriations Act, 2019, Div. G, Tit I, Public Law 116-6. Notice of Funding Opportunity (NOFO) Notice of Funding Opportunity for Consolidated Rail Infrastructure and Safety Improvements (CRISI) 86 FR 48798 (August 31, 2021)1 To the extent there is a conflict between Attachment 1 and this Attachment 2, Attachment 1 governs. II. BACKGROUND This Agreement with the City of San Bernardino (Grantee) funds hourly wages for law enforcement officials to undertake rail trespassing Enforcement Activities2 at Hot Spots3 within their respective jurisdictions or at areas with a demonstrated rail trespassing problem in their community on FRA-regulated track (the “Project”). The Grantee’s application for financial assistance included the following activities, which will be further detailed in the Detailed Work Plan (DWP) described below: San Bernardino Police Department (SBPD) will use several data elements to identify vulnerable locations and pedestrian behaviors that are likely to contribute to trespass-related injuries or deaths along 30 miles of track and enforce the appropriate laws to discourage and change those behaviors in San Bernardino using targeted patrols including all-terrain vehicles, horse-mounted officers, drone surveillance, undercover surveillance vehicles, and uniformed officers in marked patrol cars. 1 FRA solicited applications for grant funding to help implement FRA's National Strategy to Prevent Trespassing for law enforcement agencies and for railroad trespass suicide prevention programs in the Fiscal Year 2021 CRISI NOFO. 2 “Enforcement Activities” means investigating compliance with, and enforcing, rail trespass-related laws. 3 ‘‘Hot Spots’’ for the purposes of this Agreement, means locations along the railroad right -of-way where the risk of trespassing or collision as a result of trespassing is hi gh.       Packet Pg. 735 ATTACHMENT 2 2 III. OBJECTIVE The Grantee will perform rail trespassing Enforcement Activities and report those activities and associated benefits to FRA. The activities undertaken with support from this grant and their benefits will not only reduce the number of trespasser incidents but will also help FRA target and determine the effectiveness of various rail trespass prevention activities, consistent with FRA’s Congressionally mandated, National Strategy to Prevent Trespassing on Railroad Property.4 IV. PROJECT LOCATION The location(s) of the rail trespassing Enforcement Activities funded by this grant will be in the location(s) provided in the approved Detailed Project Work Plan. V. DESCRIPTION OF WORK The Grantee will complete the Project through the following tasks: TASK 1: PROJECT ADMINISTRATION Task 1.1: Detailed Project Work Plan, Budget, and Schedule The Grantee will prepare a Detailed Project Work Plan, Budget, and Schedule (DWP) for the following tasks, which may result in amendments to this Agreement. The Detailed Project Budget will be consistent with the Approved Project Budget but will provide a greater level of detail. The Detailed Project Work Plan will describe, in detail, the activities and steps necessary to complete the tasks outlined in this Statement of Work. The Detailed Project Work Plan will also include information about the project management approach (including team organization, team decision-making, roles and responsibilities and interaction with FRA), as well as address quality assurance and quality control procedures. In addition, the Detailed Project Work Plan will include the Project Schedule (with Grantee and agency review durations) and a detailed Project Budget. The Detailed Project Work Plan, Budget, and Schedule will be reviewed and approved by the FRA. The Grantee acknowledges that work on subsequent tasks will not commence until the Detailed Project Work Plan, Budget, and Schedule has been completed, submitted to FRA, and the Grantee has received approval in writing from FRA. The FRA will not reimburse the Grantee for costs incurred in contravention of this requirement. Task 1.2: Final Performance Report The Grantee will submit to FRA, for acceptance, a Final Performance Report and all other required final reports, within 120 days of the end of the Project Performance Period, consistent with Attachment 1, Section 16. The Final Performance Report should describe the cumulative activities of the Project, including a complete description of the Grantee’s achievements with respect to the Project’s objectives and milestones. 4 https://railroads.dot.gov/elibrary/national-strategy-prevent-trespassing-railroad-property.       Packet Pg. 736 ATTACHMENT 2 3 Task 1 Deliverables: • Detailed Project Work Plan, Budget, and Schedule • Final Performance Report TASK 2: PRE-PROJECT INCIDENT HISTORY The Grantee will not commence work on Task 2 prior to FRA’s acceptance of the Detailed Project Work Plan, Budget and Schedule. The Grantee acknowledges that work on Task 3, will not commence until the Task 2 Deliverables have been completed, submitted to FRA, and the Grantee has received approval in writing from FRA. Task 2.1: Pre-Project Incident History The purpose of this Task is to describe the existing safety risk posed by rail trespassing in the Project Location(s) using supporting information. The Grantee will prepare a Pre-Project Incident History detailing the extent of trespassing on railroad ROW in the Project Location(s). The Pre-Project Incident History will include: • Trespass-related data for 1 year prior to the start of Enforcement Activities funded under this Agreement. The data set should log individual incidents and be specific to the area covered by Enforcement Activities in this Agreement. Examples of acceptable data sets include police logs, dispatch call logs, and railroad reports. This data will be provided in an electronic spreadsheet or database format. • Previous level of effort for rail trespass enforcement. If the city has been conducting rail trespass Enforcement Activities, provide, to the extent possible, dates of activity, number of officers, labor hours/cost, locations, and number of contacts/warning/citations. • Hot spot analysis. If the grantee is focusing the Enforcement Activities at specific locations, it will provide FRA with the underlying data that was used to identify the locations. Task 2 Deliverables: • Pre-Project Incident History TASK 3: RAIL TRESPASS ENFORCEMENT ACTIVITIES Task 3.1: Rail Trespass Enforcement Activities Task 3.1a: The Grantee will conduct Enforcement Activities as specified in the FRA-approved DWP. Task 3.1b: The Grantee will complete quarterly progress reports consistent with Attachment 1, Section 14, detailing the Enforcement Activities performed by the Grantee. The quarterly progress reports will include: o Date, time, number of officers, location and description of Enforcement Activity; o Labor hours and cost of Enforcement Activities o Justification or reason for selected Enforcement Activity;       Packet Pg. 737 ATTACHMENT 2 4 o Number of contacts (encounters with trespassers, issuance of a warning or citation); o Number of warnings and/or citations issued; and o The deterrence effect of such activities and method for measuring such deterrence. If addressing trespassing as a result of homelessness, also include: o Number of calls to social services; o Number of encampments removed and location; state of location in subsequent patrols; and o Number of trespassers that are repeat offenders. If using artificial intelligence, cameras, drones, etc. to identify trespassing occurrence, also include: o Number of images captured or hours of feed; o Number of alerts to trespassing activity; and o Number of alerts on which action was taken (patrols to location). Task 3.1c: Trespassing Enforcement Activities Data Tracking. The purpose of this task is to aid FRA in determining the effectiveness of various rail trespass prevention activities. FRA has created a data tracking tool to be used by law enforcement agencies and railroads who perform rail trespassing enforcement activities to report those activities and associated benefits to FRA. Grantees are required to use FRA web-based form for each trespasser encountered and submit information electronically weekly. This form will be in addition to the required quarterly progress reports. The Grantee will conduct Trespassing Enforcement Activities Data Tracking as specified in the FRA-approved DWP. Task 3 Deliverables: • Quarterly Progress Report • Weekly Report of Railroad Trespasser Form (FRA F 6180.178) VI. ENVIRONMENTAL COMPLIANCE In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental statutes, related regulatory requirements, and FRA’s Environmental Procedures (23 CFR part 771, ). FRA has determined that the actions funded under this grant for are categorically excluded from detailed environmental review pursuant to 23 CFR 771.116 (c) (1), and (3). Categorical exclusions (CEs) are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.1(d). In analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. In accordance with 23 CFR 771.116 (a) and (b), FRA has further concluded that no unusual circumstances exist with respect to development of the activities funded under this grant that might require a more detailed environmental review.       Packet Pg. 738 ATTACHMENT 2 5 FRA approved the categorical exclusion on August 12, 2022, which addressed other state and federal regulatory requirements in terms of avoidance, minimization, and mitigation of impacts to resources protected under state and federal statutes. VII. PROJECT COORDINATION The Grantee shall perform all tasks required for the Project through a coordinated process, which will involve affected railroad owners, operators, and funding partners, including but not limited to those listed below. These project partners will be identified in the DWP. VIII. PROJECT MANAGEMENT The Grantee is responsible for facilitating the coordination of all activities necessary for implementation of the Project. Upon award of the Project, the Grantee will monitor and evaluate the Project’s progress through regular meetings scheduled throughout the Project Performance Period. The Grantee will: • Participate in a project kickoff meeting with FRA • Complete necessary steps to hire a qualified consultant/contractor to perform required Project work, if applicable • Hold regularly scheduled Project meetings with FRA • Inspect and approve work as it is completed • Review and approve invoices as appropriate for completed work • Perform Project close-out audit to ensure contractual compliance and issue close-out report • Submit to FRA all required Project deliverables and documentation on-time and according to schedule, including periodic receipts and invoices • Comply with all FRA Project reporting requirements, including, but not limited to: a. Status of project by task breakdown and percent complete b. Changes and reason for changes in and updated versions of the DWP c. Description of unanticipated problems and any resolution since the immediately preceding progress report d. Summary of work scheduled for the next progress period • Read and understand the Terms and Conditions of this Agreement (Attachment 1) • Notify FRA of changes to this Agreement that require written approval or modification to the Agreement       Packet Pg. 739 ATTACHMENT 3 DELIVERABLES AND APPROVED PROJECT SCHEDULE City of San Bernardino Operation Safe Rails II I. DELIVERABLES AND APPROVED PROJECT SCHEDULE The deliverables associated with this Agreement are listed below. The Grantee must complete these deliverables to FRA’s satisfaction to be authorized for funding reimbursement and for the Project to be considered complete. Unless otherwise approved, requests for extensions of the Project Performance Period must be submitted not later than 90 days before the end of the Project Performance Period, consistent with Section 4(b) of Attachment 1. Deliverables and Approved Project Schedule Task # Deliverable Name Due Date 1.1 Detailed Project Work Plan, Budget, and Schedule Within 30 Days of the obligation date 1.2 Final Performance Report Within 120 days after the Project Performance Period end date 2.1 Pre-Project Incident History Before commencement of Enforcement Activities 3.1b Quarterly Progress Report On or before the thirtieth calendar day of the month following the end of the quarter for which the report is submitted 3.1c Railroad Trespasser Form (FRA F 6180.178) Weekly for the duration of the Period of Performance       Packet Pg. 740 ATTACHMENT 4 APPROVED PROJECT BUDGET City of San Bernardino Operation Safe Rails II I. APPROVED PROJECT BUDGET The total estimated cost of the Project is $120,000, for which the FRA grant will contribute up to 100% of the total Project cost, not to exceed $120,000. The Grantee’s Non-Federal Contribution is $0.00. Any additional expense required beyond that provided in this Agreement to complete the Project will be borne by the Grantee. Project Budget by Task Task # Task Name Federal (FRA) Contribution Non-Federal Contribution Total Cost 1 Project Administration $0 $0 $0 2 Pre-Project Incident History $0 $0 $0 3 Rail Trespass Enforcement Activities $120,000 $0 $120,000 Total $120,000 $0 $120,000 Revisions to the Approved Project Budget will be made in compliance with Attachment 1 of this Agreement. The Grantee will document expenditures by task (and where directed, within a task), and by Federal and Non-Federal Contributions, when seeking reimbursement from FRA. Project Budget by Source Funding Source Project Contribution Amount Percentage of Total Project Cost Federal Contribution (Amount of FRA Grant) $120,000 100% Non-Federal Contribution $0 0% Total Project Cost $120,000 100%       Packet Pg. 741 ATTACHMENT 5 PERFORMANCE MEASUREMENTS City of Bernardino Operation Safe Rails II I. PERFORMANCE MEASUREMENTS The Quarterly Progress Report and Weekly Report of Railroad Trespasser Form (FRA F 6180.178) covers the performance measures that this Project is expected to achieve. These performance measures will enable FRA to assess Grantee’s progress in achieving strategic goals and objectives. The Grantee will submit the Quarterly Progress Report per the instructions specified in Attachment 1, Section 14. Upon Project completion, Grantee will submit a Final Performance Report per the instructions specified in Attachment 1, Section 16.       Packet Pg. 742 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Darren Goodman, Chief of Police Department:Police Subject:Receive Annual Military Equipment Report and Approve Future Purchases Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; 2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. Background AB 481 was enacted in January 2022, to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agency’s jurisdiction, or before using any new or existing military equipment not previously approved. The first reading of Ordinance No. MC-1579 occurred on May 4, 2022. This Ordinance was created to adopt Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481. The Ordinance was adopted on May 18, 2022. A component of AB 481 requires law enforcement agencies submit annual reports to their legislative bodies regarding their use of the military equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost, and other similar information. Discussion       Packet Pg. 743 The attached annual report summarizes all military equipment use for the year, including the associated cost, reason for use, and inventory. The first page is an annual summary followed by a breakdown for each month of the year. In addition to the annual report, the Department is requesting approval to purchase drones and robots. Since this critical equipment has been identified as military equipment through Assembly Bill 481, the Department must seek approval before beginning the purchasing process. . Law enforcement incidents can be unpredictable and complex. To de-escalate tense and potentially violent situations, law enforcement officers may need to use special equipment, tools, or resources. These measures help to reduce the possibility of harm to community members, individuals involved in the incident, and the officers themselves, while also increasing the likelihood of a positive outcome. Some of the items that fall under the category of "military equipment" include unmanned aerial vehicles (drones), unmanned ground vehicles (robotics), armored vehicles, less lethal projectile launchers, and distraction devices. These tools have been tested in the field and are considered best practices for enhancing citizen safety, officer safety, and reducing the need for escalation of force. They are commonly utilized by law enforcement agencies throughout the United States. The San Bernardino Police Department ("Department") has determined these tools are necessary to achieve the objectives of community safety and officer safety. The Department has not found any reasonable alternatives to these tools that can provide the same level of protection and effectiveness. Overall, the use of these tools is essential for the successful resolution of dangerous and volatile situations. By utilizing the latest technology and equipment available, law enforcement officers can ensure the safety of all parties involved and reduce the risk of harm. The Department is committed to using equipment that safeguards the community and minimizes the risk of volatile situations escalating to lethal force encounters. Over the course of the next year, the Department intends to acquire the following additional military equipment: •(3) Unmanned Aerial Vehicles (drones) •(2) Unmanned Ground Vehicles (robotics) As drones and robotics continue to evolve, law enforcement agencies worldwide are using them in more ways to save lives, enhance the safety of officers, and assist in investigations. The Department has a current inventory of drones and robotics; however, with the ever-changing updates and new technology, they need software updates and replacement parts to remain functional. Due to the new technology, several drones will no longer be able to be serviced due to incompatible software/hardware, and the inability to obtain replacement parts which are no longer being manufactured. Drones have had a major impact on traffic collision reconstruction, reconnaissance       Packet Pg. 744 before tactical deployments, hostage and barricade situations, forensic investigations, patrol-deployed operations, tethered operations, and traffic pattern evaluation, to name a few. Not only can drones accurately capture crash scenes, but they can do so in far less time than traditional methods and create three-dimensional models that can be accessed later for review. They also provide significant cost savings by reducing investigative time. In addition, they reduce officer injuries by allowing the investigating officer to complete the investigation from a safe location, out of the roadway, reducing or eliminating the need for a secondary safety officer. Patrol-deployed drones can be stored and transported in the trunk of police vehicles. Secondary officers can quickly deploy them at incident locations to provide situational awareness regarding the locations of subjects, weapons, and other related hazards. This patrol model can also provide support and enhanced safety during K9 operations. A paradigm shift is occurring in law enforcement as drones and robotics become critical in almost every aspect of emergency operations. Drones enhance safety and provide improved operational effectiveness and real-time situational awareness. With today’s law enforcement staffing challenges and dangerous assaults on police personnel, drones are essential to protecting our community and those who serve it. Robotics offer several key benefits to law enforcement agencies. One of the primary advantages of using robots is the increased safety they provide. Robots can be deployed to perform tasks that are too dangerous or life-threatening for officers, such as clearing a room or location where a potentially armed individual is located, entering a building that may be rigged with explosive devices, or in locations where toxic chemicals are suspected. Another key benefit is the improved efficiency of policing operations. Robots can be programmed to perform routine and repetitive tasks, freeing up an officer to focus on more complex tasks that require critical thinking and decision-making. Additionally, the use of robots in situations that may pose a risk to officers can help reduce liability for law enforcement agencies. By using robots in these situations, agencies can minimize the risk of injury or fatalities to civilians and officers, potentially reducing the legal and financial liability associated with these incidents. Overall, the benefits of using drones and robotics in law enforcement include increased safety, improved efficiency, increased accuracy, cost savings, and reduced liability. These advantages are an extreme benefit to law enforcement agencies for improving operations and providing better protection for the community. 2021-2025 Strategic Targets and Goals The annual reporting of department military equipment use aligns with Key Target No. 3: Improved Quality of Life; constantly evaluate public safety service delivery models to enhance the quality of service.       Packet Pg. 745 Fiscal Impact There is no new fiscal impact associated with the approval of this equipment. Any future equipment will be purchased in compliance with City purchasing rules and there are sufficient funds in the Department’s budget for the purchase. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file the Department’s annual military equipment use report; 2. Approve the Department’s request to acquire additional life-saving equipment in accordance with Assembly Bill 481. Attachments Attachment 1 – Annual Military Equipment Report Attachment 2 – MC 1579 Ward: All Wards Synopsis of Previous Council Actions: May 4, 2022 First reading of Ordinance No. MC-1579 adopting Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481 was presented to, and introduced by, the Mayor and City Council. May 18, 2022 The Mayor and City Council adopted Ordinance No. MC- 1579 approving Police Department Policy 705 (Military Equipment Policy) in accordance with Assembly Bill 481       Packet Pg. 746 (JUNE 16, 2022 - April 13, 2023) **May and June 2023 Not Completed Yet** SWAT / PATROL Munitions Less Lethal Inventory SWAT Patrol Jail Cell P&T Totals Expended Remaining Annual Cost Additional Equip. Sought Source funds for following calendar year Misc. Notes DT LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 22 86 124 7 88 10 22 86 124 7 9 4 38 14 1 0 0 15 0 0 20 0 3 83 441 0 0 0 15 0 2094 0 1 18 48 110 6 Special Investigations Bureau Budget $1,300.00 $2,800.00 " " " " " " " " " " " " " " " " " " " " " " " " " " Purchased 10, $1,300, $130.00 each Purchased 70, $2800, $40.00 each 11 22 99 80 132 100 107 159 26 228 1152 9000 32 24 2 112 0 3711 0 0 0 99 80 117 100 107 139 26 225 1069 8559 32 24 2 97 0 1617 0 0 0 $1,846.20 $1,955.20 $1,786.56 Purchased 60, $1846.20, $30.77 each Purchased 40, $1955.20, $48.88 each 14 used in training, purchased 48, $1786.56, $37.22 each DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS 58 132 100 85 159 26 100 300 9000 32 24 2 112 0 311 DT Stinger Grenade CS 22 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40mm Exact Impact Sponge Round 12-guage drag stabilized beanbag round Pepperball projectiles $2,344.00 20 used in training, purchased 100, $2344.00, $23.44 each 62 102 20 750 46 $2,133.00 $1,566.00 Purchased 100, $2133.00, $21.33 each Purchased 300, $1566.00, $5.22 each DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-gauge Launching Cartridge 12-gauge TKO Breaching Rounds .308 TAP ELD 15 used in training 3400 [Add New Item] [Add New Item] [Add New Item] [Add New Item] [Add New Item] [Add New Item] 0 0 0 0 0 0 0 0 0 00 SPECIAL EQUIPMENT YEARLY USAGE TOTALS (June 16, 2022 to April 13, 2023) **May and June 2023 Not Completed Yet** Number of times used Quantity Possessed ROBOT UAV BEARCAT 4 170 38 4 3 10 1 2 3 Jag grant funds Traffic Division Drone & Robot request included in May 2023 Council item Patrol (5), SWAT (2), Training (2), Traffic (1) = 10 drones SWAT VAN 1 RIMA RV BLUE BIRD RV 10 0 1 1 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) 31 0 2 2 25 2 Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun [Add New Item] 5 0 0 2 5 0 4 1 0 2 40 [Add New Item]0 [Add New Item]0 [Add New Item]0 Annual Total: $15,730.96       Packet Pg. 747 JUNE MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. - Input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 2 2 2 0 0 0 1 0 0 0 0 0 0 1 0 0 0 0 LSDD-SINGLE 2 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CSBLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS CT 40mm Ferret Round CSRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-gauge Launching Cartridge 12-gauge TKO Breaching Rounds .308 TAP ELD 0 0 42 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT An arrest/search warrant was served at the location (surround and callout) related to known gang members who committed several robberies while armed with a firearm. Investigators observed the suspects at the location where they surrendered without incident during the callout. The bearcat (armored vehicle) was used to transport SWAT personnel to the location and provide an enhanced level of ballistic protection from suspects who were armed with firearms during the commission of their crimes. UAVCASE # DATE TIME 22-56014 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun6/16/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 1 3:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 748 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupYes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME 22-67212 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunFriday, June 17, 2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 2 Officers conducted an investigation and identified an illegal gambling establishment (Net Café) that was operating at the location. Based on the investigation it was determined a local street gang was operating the facility for profit and was also selling methamphetamine. Additional information was obtained indicating subjects inside were possibly armed with an AK-47 assault rifle and a shotgun to protect the location. A search warrant was obtained. Fifteen (15) individuals were found inside and attempted to flee out the back door when officers arrived. One (1) Light Sound Diversionary Device (LSDD) was deployed to the rear due to uncooperative subjects attempting to flee and ignoring commands from officers. The subjects fled back inside the location. One (1) additional LSDD was deployed to the interior rear door to provide a momentary distraction/diversion while officers made entry to the front of the location. LSDD #1425045, LSDD #1425047. 2 11:45 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT 1 The SBPD SWAT team received a request from the Riverside Police Department to help serve search warrants on a multi-location operation (fourteen locations) withinUAVCASE #None BEARCAT SWAT VAN 1       Packet Pg. 749 .RIMA BLUE BIRD RV SNIPER RIFLE to include home invasion robbery, burglary, kidnapping, conspiracy, and assault with a deadly weapon. A surround and callout operation was completed at the location and the named suspect surrendered without incident. The bearcat (armored vehicle) was used to transport the SWAT team to the location and provide an enhanced level of ballistic protection from suspects who were reportedly armed in the commission of their crimes. Robotics were deployed to help safely clear the interior portion of the residence in an effort to limit exposure of police personnel to potential gunfire. 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 6/22/2022 6:00 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCYesCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN 1 Scheduled SWAT training. The team practiced setting up robotics for deployment during critical incidents. Team members were tasked with showing proficiency in use, set up, and breakdown of robotic equipment. CASE # DATE TIME None RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun6/23/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 7:00 AM DT TRIPLE CHASER CS       Packet Pg. 750 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No (training) EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT SBPD officers were at the location on a death investigation. Two drone flights were utilized to obtain crime scene photographs and prepare a crime scene diagram. (2) flights, (15) minutes of total flight time. UAV 2CASE # DATE TIME 22-70192 6/25/2022 5:30 PM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE #22-70252       Packet Pg. 751 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE6/25/2022 1 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Officers were dispatched to 906 N. Waterman Ave. (Chevron gas) regarding a disturbance with weapons call. The suspect was armed with two knives and was chasing a male in the parking lot. Officers arrived and located the suspect who fled on his motorcycle and led officers on a pursuit. The suspect stopped at 775 E. Hospitality Ln. (Panda Express), and did not comply with officers. Officers feared the suspect would enter the business and create a hostage situation. One (1) less lethal bean bag round was deployed, which struck the suspect in the abdomen, causing redness and bruising. The suspect surrendered and was taken into custody without further incident. A jail check was completed at ARMC, and the suspect was medically cleared for booking. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 6 TIME 7:42 PM 1 yes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Designated snipers from the San Bernardino Police Department SWAT team participated in routine training with their assigned rifles. During several hours of training, 42 rounds of ammunition was used during proficiency/competency training. The training was completed at the San Bernardino County Sheriff's training facility. UAVCASE #None BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE 140mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE6/26/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction       Packet Pg. 752 CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 7 TIME 8:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNo (training)CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD 42 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 753 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 754 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 755 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot)       Packet Pg. 756 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cupDATE TIME Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 757 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 758 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 17       Packet Pg. 759 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 760 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 761 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 762 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 763 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cupDATE TIME Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 764 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot)       Packet Pg. 765 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 27 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS       Packet Pg. 766 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 767 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 768 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 769 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 770 JULY MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 1 32 6 0 3 LSDD-SINGLE 1 0 0 0 0 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CSBLUE BIRD RV 0 0 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) 3 0 2 0 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS 0 14 0 - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate.Pepperball launcher DT Stinger Grenade CS 0 Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun 0 0 2 CT 40mm Ferret Round CS 20 0 0 0 0 0 0 0 DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC 0 0 0 0 CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 15 0 494 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT 1 Officers investigated a kidnapping where the victim was forced into a vehicle and transported to a motel room against her will. The suspect brandished a firearm and threatened to kill the victim. The victim escaped and called 911. A search warrant was obtained and a surround and callout was initiated by the Patrol Division with no response from inside the motel room. Robotics were deployed to safely check the interior portion of the room, in an effort to limit exposure of police personnel to a potentially armed individual. The room was found to be empty. UAVCASE # DATE TIME 22-27455 7/6/2022 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 1 9:30 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 771 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT The UAV was utilized on a fatal traffic collision investigation (diagram and photographs). (3) flights for a total of (45) minutes of flight time.3CASE # DATE TIME 22-73843 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/5/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 2 1:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The SBPD SWAT team completed active shooter training for the department. The bearcat (armored vehicle) was utilized to transport gear and personnel to the school where the training was held. The bearcat is almost always deployed during active shooter scenarios for ballistic protection of police personnel and citizen UAVCASE #None BEARCAT SWAT VAN RIMA 1 BLUE BIRD RV       Packet Pg. 772 SNIPER RIFLE rescues.40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 7/7/2022 9:00 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNo (training)CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun CASE # DATE TIME 22-78460 7/15/2022 10:00 PM MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 1 Officers were investigating an illegal gambling establishment (net café), which was being operated at this location by suspected gang members who were also reportedly selling illegal narcotics. A search warrant was obtained for the location. Upon service of the warrant, the entry team had a failed breach at the primary breach point (front door), due to fortification. A single Light Sound Diversionary Device (LSDD) was deployed at the secondary breach point (rear door) upon entry to control fleeing suspects and create a momentary diversion upon entry into the 4 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS       Packet Pg. 773 DT Stinger Grenade CS location. The net café was fully functional with illegal electronic gaming machines. Methamphetamine for sales and ammunition were also located inside. Approximately seven individuals were contacted inside of the residence. LSDD Serial #1354954. CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The UAV was utilized on a fatal traffic collision investigation (diagram and photographs). (4) flights for a total of (60) minutes of flight time.UAV 4CASE # DATE TIME 22-78233 7/15/2022 1:00 PM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA Test were performed at SBPD on a single UAV to ensure operational readiness. (1) test flight, approximately (10) minutes of total flight time.1CASE #None       Packet Pg. 774 BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/14/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 6 TIME 3:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT A shooting occurred at this location. The UAV was utilized to complete crime scene diagrams and photographs. (4) flights for a total of (45) minutes of flight time.UAV 4CASE #22-78818 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/17/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 7       Packet Pg. 775 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN Officers were completing a burglary investigation at the location and utilized the UAV to complete a rooftop check for entry points, evidence, and suspects. (1) flight for a total of (10) minutes of flight time. 1CASE # DATE TIME 22-79185 7/18/2022 12:40 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 776 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Tests were performed at SBPD on a single UAV to ensure operational readiness. (1) test flight, approximately (10) minutes of total flight timeUAV1CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/18/2022 9:20 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT Drone pilots completed a demonstration with the UAV equipment at a local school. (2) flights for a total of (15) minutes of flight time. Non 2CASE #None SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/21/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction       Packet Pg. 777 CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 TIME 1:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY Drone pilots completed a short training session. (2) flights were completed for a total of (20) minutes of flight time. ROBOTUAV 2CASE # DATE TIME None BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/21/2022 3:00 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 778 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA The SWAT team completed a full day of training at the firing range. The bearcat (armored vehicle) was utilized to transport SWAT personnel and equipment to the location. Firing drills were also performed from the bearcat doors and turret. CASE # DATE TIME None 1 BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/21/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 7:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no NoneSWAT ACTIVATION DT Smoke Large Style HCNo (training)CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The UAV was utilized to assess public safety concerns for an anticipated demonstration through city streets. Traffic conditions and hazards were monitored to enhance public safety and determine if police resources were needed along the march route. (5) flights with a total of (120) minutes of total flight time. Images were taken to estimate crowd size (all obtained in public space). UAV 5CASE #None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/23/2022       Packet Pg. 779 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 TIME 11:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE The UAV was utilized to assess public safety concerns for an anticipated demonstration through city streets. Traffic conditions and hazards were monitored to enhance public safety and determine if police resources were needed along the march route. (4) flights with a total of (70) minutes of flight time. Images were taken to estimate crowd size (all obtained in public space). 4CASE #None 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/23/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 14 TIME 6:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HCSWAT       Packet Pg. 780 CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers were on a commercial burglary investigation and utilized the UAV for a rooftop check. (1) flight for a total of (5) minutes of flight time.UAV 1CASE # DATE TIME 22-81751 7/24/2022 8:00 AM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup A summer music festival was held at the National Orange Show with an estimated attendance of 80,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. It is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and for active shooter scenarios. The vehicle is mostly kept out of public view for these events and is generally deployed during critical incidents. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. The vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other CASE #None 1 1       Packet Pg. 781 necessary equipment to command large-scale police events.DATE 7/29/2022 Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 16 TIME 4:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT A summer music Festival was held at the National Orange Show with an estimated attendance of 80,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. It is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and for active shooter scenarios. The vehicle is mostly kept out of public view for these events and is generally deployed during critical incidents. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. This vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other necessary equipment to command large-scale police events. UAVCASE # DATE TIME None BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE 1 1 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/30/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 17 4:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no       Packet Pg. 782 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) A summer music Festival was held at the National Orange Show with an estimated attendance of 80,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. It is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and for active shooter scenarios. The vehicle is mostly kept out of public view for these events and is generally deployed during critical incidents. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. This vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other necessary equipment to command large-scale police events. CASE # DATE TIME None 1 1 Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/31/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 3:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT SBPD received a request from the San Bernardino County Sheriff's Department for assistance in serving a high-risk search warrant. At the conclusion of an investigation completed by the Sheriff's Department, they identified four individual suspects who were observed on video with fully automatic firearms and body armor. All subjects were convicted felons, who are UAV 1 1CASE #22-83460 BEARCAT SWAT VAN RIMABLUE BIRD RV       Packet Pg. 783 SNIPER RIFLE armed prohibited, and were suspected to be involved in numerous shootings. Four officers from the San Bernardino Police Department SWAT team assisted. The SBPD bearcat (armored vehicle) was placed in the area to be readily available to provide enhanced ballistic protection against gunfire if an officer or citizen rescue became necessary. The suspects were taken into custody without incident during a surround and callout warrant service. The SBPD UAV was deployed to check the interior portion of the residence for additional suspects. This was done to prevent unnecessary exposure to police personnel who were investigating violent felons who were known to be armed with fully automatic weapons and body armor. 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 7/28/2022 4:30 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV See Below. CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot)2 2 Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/29/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY SWAT officers responded to the San Bernardino County Sheriff's Department chemical agents training facility to perform maintenance on two Remington 12-guage shotguns equipped with chemical agent launching cups. The weapons utilize a red dot optic system which was "zeroed" to ensure accuracy upon deployment. The same maintenance was also performed on two 40mm multi-launchers. A series of munitions were fired through both weapon systems to ensure accuracy in the red dot optics, and overall functionality. 20 2:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS 14 DT Han-Ball CS       Packet Pg. 784 DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 20 15 yes or no SWAT ACTIVATION No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY Officers completed UAV training in a large open field. Three (3) separate flights were completed with forty (40) minutes of total flight time. ROBOTUAV 3CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/28/2022 9:00 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNo (training)CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA Designated snipers from the San Bernardino Police Department SWAT team participated in routine training with their assigned rifles. During several hours of training, (74) rounds of ammunition was used during proficiency/competency training. The training was completed at the San Bernardino County Sheriff's Department training facility. CASE #None       Packet Pg. 785 BLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/13/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 22 TIME 8:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No (training) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 74 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Designated snipers from the San Bernardino Police Department SWAT team completed velocity testing on their assigned rifles. During the training at the Route 66 training facility, twenty (20) rounds of ammunition were utilized during testing. UAVCASE #None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 140mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE7/21/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 23       Packet Pg. 786 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo (training) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 20 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT Designated snipers from the San Bernardino Police Department SWAT team attended sniper training at the facility. During several days of training, 400 rounds of ammunition were utilized.CASE # DATE TIME None SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun7/21/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 7:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 400       Packet Pg. 787 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction       Packet Pg. 788 CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 27 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 789 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 790 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 29 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HCSWAT       Packet Pg. 791 CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup       Packet Pg. 792 DATE Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 32 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 793 AUGUST MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 0 41 7 2 2 0 2 0 0 4 0 0 0 0 0 0 0 0 LSDD-SINGLE 2 0 1 0 0 0 0 0 0 0 0 0 0 10 405 0 0 0 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CSBLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS CT 40mm Ferret Round CSRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 175 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Between 08-03-22 and 08-05-22, the SBPD SWAT team completed three days of training at a specialized facility in San Diego County. The core competency training allowed the team to focus on specialized tactics and equipment, some of which included the use of military equipment, outlined within this document. UAVs were deployed twice during this training for a total of (30) minutes of flight time. One hour of team training and familiarization was completed with the UAVs (indoor and outdoor settings). The SWAT van and bearcat (armored vehicle) were used to transport personnel and equipment to the location for training purposes. UAV 2 21 CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun8/4/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 1 7:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 794 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo (training) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Between 08-03-22 and 08-05-22, the SBPD SWAT team completed three days of training at a specialized facility in San Diego County. The core competency training allowed the team to focus on specialized tactics and equipment, some of which included the use of military equipment, outlined within this document. The team completed a training block in the use of Pepperball launchers and their associated munitions. During the training session Four (4) Pepperball launchers were deployed and (405) Pepperball munitions were utilized during proficiency training. CASE # DATE TIME None 4 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun8/5/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 2 7:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no 405 DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No (training) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers from the San Bernardino Police Department participated in the National Night Out. During a community engagement event, officers displayed UAVs and flight demonstrations to the public for education and transparency related to police equipment utilized by the San UAV 5CASE #None BEARCAT SWAT VAN       Packet Pg. 795 RIMA Bernardino Police Department. Five (5) demonstration flights were completed with a total of (75) minutes of flight time.BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 8/2/2022 7:00 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV Officers from the San Bernardino Police Department participated in the National Night Out. During a community engagement event, officers displayed UAVs and flight demonstrations to the public for education and transparency with respect to police equipment utilized by the San Bernardino Police Department. Four (4) demonstration flights were completed with a total of twenty (20) minutes of flight time. 4CASE # DATE TIME None SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun8/5/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 7:00 PM DT TRIPLE CHASER CS       Packet Pg. 796 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY Officers were investigating a report of a suicidal subject near the wash area. The UAV was deployed two (2) times for a total of (10) minutes of total flight time in an effort to locate the individual. ROBOTUAV 2CASE # DATE TIME None BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun8/7/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 5 10:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT The San Bernardino Police Department received a request for assistance from the San Diego Police Department, regarding the service of several high-risk search warrants related to a burglary ring investigation. Investigators from the San Diego Police Department identified a burglary crew who were 1 1CASE #22-89006       Packet Pg. 797 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device responsible for a high-dollar crime spree that spanned numerous counties. Simultaneous search warrant service was performed by numerous law enforcement agencies, including the Riverside County Sheriff's Department, and Riverside Police Department, within several counties. The location in San Bernardino (1390 N. D Street), was determined to be a potential storage location where this burglary crew was offloading high-end merchandise. Numerous suspects in this case were arrested on several of the related investigations, posted bail, and then continued with their crime spree in additional counties. San Diego Police Department authored a search warrant for the location in San Bernardino, which was served by the San Bernardino Police Department SWAT team. The search warrant service was deemed "high-risk", due to firearms being involved and the extensive violent history of the suspects. The bearcat (armored vehicle) was used to transport SWAT personnel and provide an enhanced level of ballistic protection. Two (2) Light Sound Diversionary Devices were deployed during this incident; one at the front door upon entry to create the initial diversion, and a second to the rear of the property for a secondary diversion. The UAV was utilized to maintain overwatch and containment of the location. LSDD No.1 "Mini" #F540053, LSDD No.2 #1425061. The UAV was utilized for one (1) flight for a total of (20) minutes. Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE8/11/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 1 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 16 TIME 6:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Designated snipers from the San Bernardino Police Department SWAT team participated in routine training with their assigned rifles. During several hours of training, 175 rounds of ammunition was used during proficiency/competency drills. The training was completed at the San Bernardino County Sheriff's training facility. UAVCASE #None BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE 240mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE8/10/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction       Packet Pg. 798 CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 7 TIME 8:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNo (training)CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD 175 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device 1 1CASE # DATE TIME None Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun8/12/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 1 The San Bernardino Police Department SWAT team received a request from the San Bernardino County Sheriff's Department for assistance in serving a series of high-risk search warrants in the city of Highland, California. The investigation was completed by the San Bernardino County Sheriff's Department, related to gang members selling narcotics, firearms, operating illegal gambling establishments, and threatening residents in the area for calling the police. The bearcat (armored vehicle) was utilized to transport SBPD SWAT personnel and equipment to and from the target location, and provide an enhanced level of ballistic protection against individuals believed to be armed. One (1) Light Sound Diversionary Device was deployed into the front door upon service of the search warrant. This was done due to the intelligence indicating the suspects were gang members who were armed with firearms. Additionally, the breach and entry at the front door was delayed due to fortification, which increases the level of danger to the officers, and increases the need for deployment of a diversionary device. LSDD #1425046. The UAV was deployed into the residence to safely assist with clearing the interior portion of the property, and limit the exposure to potentially armed individuals. 8 10:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC yes or no SWAT ACTIVATION Yes CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 799 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department Hostage Negotiation Team/Crisis Negotiation Team conducted joint training with the Ontario Police Department. Officers from the San Bernardino Police Department assisted the Ontario Police Department in setting up their HNT equipment for multiple training exercises. The Regional Incident Management Apparatus (RIMA) is the primary command and control vehicle used by HNT/CNT during critical incidents. RIMA was used to transport personnel and HNT equipment from the San Bernardino Police Department to the Ontario Police Department. Assistance was provided to the Ontario Police Department in setting up their newly acquired equipment, as it is similar to ours. As part of the training, three (3) UAV flights were completed for a total of forty (40) minutes of flight time. UAV 3CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun8/11/2022 9:00 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department SWAT team served a high-risk search warrant at the location where gang members were suspected to be in possession of multiple high-powered assault weapons. The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to and from the location. The bearcat provides additional ballistic protection against potentially armed suspects. During the service of the surround and callout search warrant, ten (10) less lethal bean bags were deployed to disable multiple exterior video surveillance cameras as a safety measure upon approach of the team. UAVs were deployed during the mission to complete overwatch of the location, set containment, and maintain visual observations in the event subjects were to flee from the residence on foot. The suspects surrendered peacefully without incident. A search of the location recovered ten (10) rifles, fourteen (14) pistols and one (1) shotgun. Additionally, methamphetamine packaged for sales was located in conjunction with numerous high-capacity rifle and pistol magazines, and thousands of rounds of ammunition. The primary suspect is a documented gang member in San Bernardino who is a convicted felon and is armed prohibited. Two (2) suspects were booked into jail on felony charges. Three (3) UAV flights for approximately (30) minutes of 3 1CASE #22-93781 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE8/20/2022       Packet Pg. 800 flight time were completed. MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 TIME 12:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 10 yes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVs were utilized to record a recruiting video at the San Bernardino Police Department for the Personnel and Training Division. Two (2) flights were completed at the police station for a total of twenty (20) minutes of flight time. UAV 2CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun8/10/2022 10:45 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 801 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN Officers from the San Bernardino Police Department investigated a fatal traffic collision. A UAV was utilized to take photographs of the scene. One (1) flight was completed for a total of twenty-five (25) minutes of flight time. 1CASE # DATE TIME 22-89310 8/12/2022 10:00 PM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers from the San Bernardino Police Department responded to the location to investigate a complaint of trespassing with possible suspects on the roof tampering with the air conditioning unit. A UAV was utilized to complete a rooftop check. Two (2) flights were completed for a total of fifteen (15) minutes of total flight time. UAV 2CASE #22-8942 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot)       Packet Pg. 802 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cupDATE TIME 8/12/2022 10:15 AM Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN Officers responded to the location regarding a report of multiple subjects on the roof of the apartment complex. A UAV was utilized for a rooftop check. One (1) flight was completed for a total of ten (10) minutes of flight time. 1CASE # DATE TIME 22-89960 8/13/2022 2:30 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 803 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers from the San Bernardino Police Department investigated a fatal traffic collision at this location. A UAV was utilized to complete a collision diagram. Three (3) flights were completed for a total of forty-five (45) minutes of flight time. UAV 3CASE # DATE TIME 22-90332 8/14/2022 6:50 AM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA Officers from the San Bernardino Police Department completed one hour of UAV training where two (2) flights were completed for a total of thirty (30) minutes of flight time.2CASE #None BLUE BIRD RV       Packet Pg. 804 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE8/18/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 16 TIME 4:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department Mounted Enforcement Team completed several hours of distraction training on their horses. UAVs were utilized to obtain photos and videos of the training. Five (5) flights were completed for a total of sixty (60) minutes of flight time. UAV 5CASE #None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE8/18/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 17       Packet Pg. 805 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department SWAT team received a request from the California Highway Patrol for assistance in serving a search warrant at a location in San Bernardino. The request was due to fortification at the property, involving a well-known Outlaw Motorcycle Gang (OMG). This was a shooting investigation that originated with CHP on the freeway, where evidence was suspected to be stored at the location of the search warrant (OMG clubhouse). The bearcat (armored vehicle) was used to transport SBPD personnel and equipment to the scene. The alleged crime involved an armed gunman and the bearcat was also used as an additional layer of ballistic protection for SWAT personnel. Two (2) SWAT UAVs were deployed during the operation and were used to assist with clearing the interior portion of the building, prior to SWAT making entry. The Patrol Division also deployed one (1) UAV and maintained overwatch above the property while the operation was occurring. 3 1CASE # DATE TIME 22-94607 8/25/2022 6:00 AM Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 806 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department Patrol Division investigated an armed parental abduction. The suspect allegedly forced entry into his ex-girlfriend's house, beat her, dragged her around the house by her hair, and threatened to kill her while armed with a handgun. The suspect fled the scene, forcibly taking their two-year-old child in common. Through investigation the Patrol Division located the suspect at a residence where he barricaded inside the location with the baby. A surround and callout was initiated; however, the suspect refused to surrender. The SBPD SWAT team and Crisis Negotiation Team (CNT) were activated and deployed to the scene. CNT utilized the Regional Incident Management Apparatus (RIMA) (command and control vehicle). This is their primary vehicle (command post) used to transport CNT personnel and their equipment, which is utilized for crisis intervention and negotiations. The SWAT team used the bearcat (armored vehicle) to transport SWAT personnel and equipment to the location in the event it became necessary to complete a rescue. UAV 1 11 1 CASE # DATE TIME 22-95391 8/27/2022 5:00 AM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE Cont.: The suspect was reportedly armed with a handgun during this incident and the bearcat was also utilized as an additional layer of ballistic protection for SWAT personnel. The SWAT van (command and control vehicle) was also utilized to transport additional SWAT personnel and equipment to the scene. Negotiations were ongoing and the Patrol Division deployed a UAV for overhead watch and scouting the property. A search warrant and arrest warrant were obtained for both the location and the suspect. The suspect eventually surrendered and was taken into custody without incident. The two-year-old child was safely recovered and returned to his mother. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCYesCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 807 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 808 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 809 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cupDATE TIME Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 810 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot)       Packet Pg. 811 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 27 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS       Packet Pg. 812 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 813 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 814 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 815 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 816 SEPTEMBER MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 0 20 4 0 0 0 2 0 0 0 0 0 0 1 0 0 0 0 LSDD-SINGLE 0 0 3 0 1 0 0 0 0 0 0 0 3 2 0 0 0 0 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CSBLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS CT 40mm Ferret Round CSRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 103 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAV 4 1CASE #None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE TIME 9/1/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The San Bernardino Police Department SWAT team participated in regularly scheduled training this day. Simunition training was conducted at the Riverside County Sheriff's Department SIM shoot house located in Perris, CA. During the training, a Light Sound Diversionary Device (LSDD training fuse) was deployed in the shoot house to simulate a high-risk entry. One (1) CTS 7290MT Training Fuse, Serial No. 2217502406 was utilized. Training fuses are not considered military equipment, but were noted here for in-house documentation purposes. The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to the facility. UAVs were also deployed for training and familiarization purposes at this indoor facility with residential/commercial structures built within. The UAVs were used in conjunction with SWAT personnel to simulate clearing residential and commercial buildings occupied by potentially armed and unarmed individuals Four (4) UAV flights were conducted for a total of CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 1 1 2:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 817 .DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup approximately twenty (20) minutes of flight time.No (training only) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The SBPD SWAT team received a request from the Specialized Investigations Unit, ICAC Division (Internet Crimes Against Children) for assistance in serving three residential search warrants on 09/08/22. The investigation was related to child pornography where one or more of the suspects and/or occupants of the locations were reported to have firearms and/or a violent criminal history. CASE # DATE TIME 22-100165 1 SWAT team members attempted a surround and callout style search warrant where they tried to safely call out all residents from inside this location, into the front yard, prior to commencing with the search. Two of the three occupants exited the residence willingly; however, a male subject remained inside and did not exit. Attempts were made over the public address loudspeaker to get this individual to come out, in conjunction with activating a loud audible siren from police equipment. Announcements were made for approximately one hour. Residents at the location indicated this individual was a deep sleeper and had access to both a handgun and rifle. The PA announcements and sirens were extremely loud, and it appeared unlikely this individual would sleep through such an event. It was suspected he was likely barricaded and refusing to come out. Additional probing was conducted where the subject’s bedroom window was vented using multiple beanbag rounds. This was done to remove the sound barrier to the subject’s bedroom window where additional PA announcements and siren activation was performed to no avail. One (1) CTS 7290M, Serial No. F675190 LSDD was deployedoutside of the subject’s bedroom window, which prompted a response of him exiting the residence safely without incident. This individual appeared to have significant mental health issues. The investigation is ongoing. Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun9/8/2022 1 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to the scene. Additionally, it provided ballistic protection for police personnel in the event shots were fired. The public address loudspeaker system in conjunction with the siren were also used on this vehicle to provide loud clear commands to the residents at the location. 12 7:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 3 2 yes or no SWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD YES EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department SWAT team received a request from the Specialized Investigations Unit, ICAC Division (Internet Crimes Against Children) for assistance in serving three residential search warrants on 09/08/22. The investigation was related to child UAVCASE #22-100137 BEARCAT SWAT VAN 1       Packet Pg. 818 RIMA pornography. The bearcat (armored vehicle) was used to transport SWAT equipment and personnel to this location and provided an additional level of ballistic protection in the event shots were fired. An immediate entry search warrant was performed with a single LSDD deployment to the rear of the location upon entry as a diversion. The location was safely secured and investigators from the Specialized Investigations Unit completed their investigation. LSDD -CTS 7290M, Serial No. F675189. BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 9/8/2022 9:00 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCYesCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department SWAT team received a request from the Specialized Investigations Unit, ICAC Division (Internet Crimes Against Children) for assistance in serving three residential search warrants on 09/08/22. The investigation was related to child pornography. The bearcat (armored vehicle) was used to transport SWAT equipment and personnel to this location and provided an additional level of ballistic protection in the event shots were fired. An immediate entry search warrant was completed safely without incident. The scene was secured and turned over to investigators from the Specialized Investigations Unit. CASE # DATE TIME Unknown 9/8/2022 9:30 AM 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 DT TRIPLE CHASER CS       Packet Pg. 819 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD Yes EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 22-100636 9/9/2022 11:00 AM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE MET Officers served a search warrant at the location related to firearms violations. Prior to entry into the residence, there was a significant delay in breaching the locked front gate, hindering entry onto the property. For that reason, one (1) Light Sound Diversionary Device (LSDD) was deployed on the opposite side of the residence to where the entry was made. This provided a slight diversion, increasing safety for the entry team. Firearms and illegal narcotics for sale were recovered during this search warrant; a male suspect was arrested. LSDD 7290M, Serial #F675172. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT The San Bernardino Police Department Sniper Team completed routine training this day at the SBSD rifle range. During training the team utilized 103 rounds of .308 rifle ammunition to complete qualifications weapon familiarization and general marksmanship training CASE #None       Packet Pg. 820 ,,.SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 2 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE9/14/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 6 TIME 8:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 103 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department completed a homicide investigation at the location. The UAV was utilized to obtain crime scene photographs. A total of four (4) UAV flights were completed with approximately forty-five (45) minutes of total flight time. UAV 4CASE #22-99783 9/7/2022 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction       Packet Pg. 821 CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 7 TIME 10:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department completed a major injury traffic collision investigation at this intersection. The UAV was utilized to photograph the scene and complete a factual diagram. Two (2) UAV flights were completed for a total of approximately thirty (30) minutes of flight time. 2CASE # DATE TIME 22-99989 9/7/2022 11:00 PM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 822 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY The San Bernardino Police Department utilized a UAV to record a department recruitment video. One (1) UAV flight was completed with a total of approximately thirty (30) minutes of time. ROBOTUAV 1CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun09/10/20222 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 9 1:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN UAV pilots from the San Bernardino Police Department utilized a UAV to complete department pictures to the front of the station. Numerous photographs of department personnel were completed in a "team photograph". Two (2) UAV flights were completed for a total of approximately twenty (20) minutes of flight time. 2CASE #None RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE9/15/2022       Packet Pg. 823 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 TIME 4:30 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department responded to the alleyway of this location regarding a report of a dead body. The decedent in this case had potentially suspicious injuries and the location was treated as a possible homicide scene. The UAV was utilized to complete a scene diagram. Two (2) UAV flights were completed for a total of approximately thirty (30) minutes of flight time. The investigation is ongoing. UAV 2CASE # DATE TIME 22-102853 9/15/2022 10:00 AM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 824 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN UAV pilots from the San Bernardino Police Department participated in a railroad safety project for the city of San Bernardino. Pilots completed video footage utilizing a police UAV to film a railroad safety video for the public. One (1) flight was completed for a total of approximately 30 minutes of flight time. 1CASE # DATE TIME None RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun9/24/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 9:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers responded to the location regarding a fatal traffic collision. The UAV was deployed to assist with a crime scene diagram. Two (2) UAV flights were completed for a total of approximately forty (40) minutes of flight time. UAV 2CASE #22-105750 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot)       Packet Pg. 825 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cupDATE TIME 9/23/2022 11:00 PM Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN Officers responded to the location regarding a fatal traffic collision. The UAV was deployed to assist with a crime scene diagramming and photographs. Two (2) UAV flights were completed for a total of approximately forty (40) minutes of flight time. 2CASE # DATE TIME 22-107872 9/28/2022 11:00 PM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 826 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 827 SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 17       Packet Pg. 828 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 829 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 830 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 831 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 832 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cupDATE TIME Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 833 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot)       Packet Pg. 834 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 27 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS       Packet Pg. 835 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 836 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 837 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 838 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 839 OCTOBER MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 1 25 1 0 2 0 2 0 0 0 0 0 0 1 0 0 0 0 LSDD-SINGLE 2 0 3 0 0 0 0 0 0 0 0 0 0 15 0 0 0 0 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CSBLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 97 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department received a request from the San Bernardino County auto theft task force (SANCATT) in serving a search warrant at the location. The location is a large, multi-structure property where the suspects were believed to be potentially armed with firearms. Two (2) Light Sound Diversionary Devices (LSDD) were deployed during the service of the warrant; the first LSDD was deployed prior to entering the primary structure, and the second was deployed prior to entering the secondary structure. Due to the nature of the investigation, the LSDDs were deployed as a diversion to increase safety for the entry team. LSDD #1 Serial No. 1425048. LSDD #2 Serial No. F675185. UAVCASE # DATE TIME 22-116017 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun10/20/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLE 1CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 11 11:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 840 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department Special Investigations Unit in conjunction with the Multiple Enforcement Team were conducting follow-up investigation related a homicide that occurred in May 2022. A search warrant was obtained for the property in an effort to locate evidence related to the investigation. The location is a known hangout for West Side Verdugo criminal street gang members and it was anticipated the occupants were likely to be armed and illegally possessing firearms. Subjects attempted to flee the location as officers were about to make entry into the residence. One (1) Light Sound Diversionary Device (LSDD) was deployed outside of the residence to contain the fleeing individuals and provide a diversion as officers made entry into the residence. Numerous subjects were arrested for illegal firearms possession and narcotics for sales. LSDD Serial No. 1425058. CASE # DATE TIME 22-116113 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun10/20/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 1 2 12:43 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARYROBOTSBPD officers executed a search warrant at the location pertaining to a homicide investigation. One (1) Light Sound Diversionary Device (LSDD) was deployed outside of the residence due to an extended/delayed breach. The LSDD was deployed on one side of the property as a UAVCASE #22-116558 BEARCAT SWAT VAN       Packet Pg. 841 RIMA diversion to assist the entry team who was entering the location on the opposing side. This type of diversion enhances the safety of the entry team. Two (2) illegal assault rifles, four (4) handguns, and two (2) pieces of body armor were recovered, in conjunction with ammunition and high-capacity magazines. LSDD Serial No. F675180. BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 10/21/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 7:56 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE On this day the San Bernardino Police Department hosted "Coptober Fest" as a community engagement event. The event was held in the interior parking lot of the Police Department. Each of the specialty units had display booths, including the department UAV pilots . One function of this event was to bring transparency to the community, regarding equipment used by the San Bernardino Police Department. Eight (8) UAV demonstration flights were completed in the parking lot for a total of approximately sixty (60) minutes of flight time. 8CASE #N/A 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE10/4/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 4       Packet Pg. 842 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department investigated a fatal traffic collision at this location. The UAV was deployed in an effort to complete a crime scene diagram/photographs. One (1) UAV flight was completed for a total of approximately twenty-five (25) minutes of flight time. UAV 1CASE # DATE TIME 22-111323 10/8/2022 5:00 AM BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV pilots assisted city code enforcement checking a property at this location. One UAV flight       Packet Pg. 843 UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device 1 was completed for a total of approximately ten (10) minutes of flight time.CASE # DATE TIME 22-111573 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun10/8/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 6 1145 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department investigated a fatal traffic collision at this location. The UAV was utilized to assist with a scene diagram. Four (4) UAV flights were completed for a total of approximately sixty (60) minutes of flight time. UAV 4CASE #22-116337 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE10/21/2022       Packet Pg. 844 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 7 TIME 5:30 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department completed a grand theft investigation at this location. The UAV was utilized to complete an area check. Four (4) UAV flights were completed for a total of approximately sixty (60) minutes of flight time. 4CASE # DATE TIME 22-116415 10/21/2022 9:15 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No       Packet Pg. 845 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARYROBOTThe San Bernardino Police Department investigated a burglary in progress at this location. The UAV was utilized to complete an area check and overwatch. Three (3) UAV flights were completed for a total of approximately sixty (60) minutes of total flight time. UAV 3CASE # DATE TIME 22-116777 10/21/2022 3:30 AM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot)Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuse Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN The San Bernadino Police Department responded to a report of individuals on the train tracks. The UAV was utilized to complete an area check, due to public safety concerns. One (1) UAV flight was completed for a total of approximately ten (10) total minutes of flight time. 1CASE #22-116877 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device       Packet Pg. 846 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE10/22/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 TIME 1:30 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARYROBOT1 1 The San Bernardino Police Department responded to the location regarding a domestic violence situation where a male suspect reportedly beat, choked, and pointed an AR-15 assault rifle at the victim's head, while threatening to kill her. The victim escaped and contacted police who arrived at the location within minutes and began to set up a perimeter. A surround callout was performed to no avail. Numerous beanbag rounds were deployed on the exterior to defeat flood light fixtures that were illuminating officers in the yard. The beanbag rounds were also used to strategically port windows for visibility and UAV insertion to the interior portion of the residence. Officers inserted a UAV to safely check the interior portion of the residence where the armed gunman was reportedly holed up. The flight was disrupted and the UAV was grounded inside of the residence. Robotics were then deployed into the residence in a second attempt to visually clear the residence prior to officers physically making entry. UAVCASE # DATE TIME 22-118955 10/27/2022 9:26 PM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun 1 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLE At the conclusion of the investigation (1) one LSDD was deployed just inside of the front door as a diversion, just prior to officers making entry. The suspect had several outstanding felony warrants in the system for his arrest, which stemmed from a recent but unrelated domestic violence investigation. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 111 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND       Packet Pg. 847 LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 15 yes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 22- EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN The park at 900 N. E Street was dedicated in the name of SBPD Officer Bryce Hanes after he was killed in the line of duty. UAV pilots were at the location obtaining aerial photographs of the park for an End of Watch (EOW) celebration coming up on November 5, 2022. One (1) UAV flight was completed with thirty (30) minutes of total flight time. 1CASE # DATE TIME None RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun10/27/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 2:30 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EQUIPMENT USE SUMMARY The San Bernardino Police Department investigated a report of possible domestic violence at EVENT #EQUIPMENT USED TIMES USED ROBOT UAV 1       Packet Pg. 848 .,BEARCATSWAT VAN RIMA scene. The UAV was utilized to complete crime scene photographs. One (1) UAV flight was completed for a total of twenty-five (25) minutes of flight time.1 BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 10/30/2022 10:40 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device A music festival was held at the National Orange Show with an estimated attendance of 76,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. It is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and active shooter scenarios. The vehicle is mostly kept out of public view for these events and is generally deployed during critical incidents. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. The vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other necessary equipment to command large-scale events. CASE #None 1 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATEFriday, October 28, 2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue14       Packet Pg. 849 DT SPEDE HEAT CS DT TRIPLE CHASER CSTIME2 PM to 2 AM CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARYROBOTA music festival was held at the National Orange Show with an estimated attendance of 76,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. It is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and for active shooter scenarios. This vehicle is mostly kept out of public view for these events and is generally deployed during critical incidents. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. This vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other necessary equipment to command large-scale events. UAVCASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunSaturday, October 29, 2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 15 2 PM to 2AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED       Packet Pg. 850 ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None 2 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun10/26/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Snipers from the San Bernardino Police Department SWAT team participated in regularly scheduled training. During the training ninety-seven (97) rounds of ammunition were fired during competency and accuracy drills.16 8:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 97 EQUIPMENT USE SUMMARYEVENT #EQUIPMENT USED TIMES USED ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 851 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARYLSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 17 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 18 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HCSWAT       Packet Pg. 852 CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device       Packet Pg. 853 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND       Packet Pg. 854 LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV       Packet Pg. 855 BEARCATSWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue24       Packet Pg. 856 DT SPEDE HEAT CS DT TRIPLE CHASER CSTIME CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT       Packet Pg. 857 UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 26 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 858 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 27 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION       Packet Pg. 859 CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuse Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup       Packet Pg. 860 Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training BlueCTS 7290MT Mini Flashbang Body Training BlueDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no       Packet Pg. 861 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepper ball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 862 NOVEMBER MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 0 8 4 1 1 0 7 0 0 0 0 0 0 1 0 0 0 0 LSDD-SINGLE 0 0 3 4 0 0 0 0 0 0 0 0 0 1 0 0 0 0 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CSBLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS CT 40mm Ferret Round CSRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 533 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT An officer assigned to the San Bernardino Police Department SWAT team completed a sniper rifle qualification course. A total of (32) thirty-two rounds of .308 ammunition was expended during qualification and zeroing of the optics system. UAVCASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 140mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun11/7/2022 9:00 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 1 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 863 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 32 EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None 1 1 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun11/10/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The San Bernardino Police Department SWAT team completed regular monthly training in conjunction with the Crisis Negotiation Team at commercial facility in the city of Colton, CA. Four (4) separate scenarios were simultaneously run as team members from both teams participated in rotating groups to maximize training efforts. One of the scenarios involved a hostage rescue on a bus, where a Light Sound Diversionary Device (LSDD) training fuse was utilized to simulate deployment of an actual device. Four (4) LSDD training fuses were utilized during the scenarios. Both teams utilize standard equipment associated with a SWAT/CNT callout. The following specialized equipment was utilized during training: The bearcat (armored vehicle)was used in conjunction with SWAT personnel for deployment at several of the scenarios. Its primary use was transportation of personnel and equipment, and enhanced ballistic protection in scenarios where suspects were believed to be armed with firearms. The SWAT van was utilized to transport personnel and equipment to the scene. RIMA (Regional Incident Management Apparatus) was utilized by the Crisis Negotiation Team as a command and control vehicle/mobile dispatch center, to negotiate with individuals during a crisis and deploy personnel as needed. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 2 4 7:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC yes or no SWAT ACTIVATION No (training only)CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 864 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY Following the death of the El Monte Police Chief, the bearcat was displayed in solidarity with multiple other law enforcement agencies during funeral services. ROBOT UAVCASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun11/14/2022 10:00 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 3 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY Officers from the San Bernardino Police Department were investigating a series of shootings/homicides involving a known gang member suspect. While actively investigating these crimes, that particular individual (the suspect) and his accomplice committed another shooting, followed by a carjacking at gunpoint. Officers located the suspect driving the stolen vehicle and a vehicle pursuit ensued, followed by a foot chase of both individuals who fled from the car. Both suspects were apprehended. Subsequently, officers responded to a residence where the suspect went to, in an effort to secure the location and search for evidence associated with the shooting series. The location was a known hangout for local street gang members. The bearcat (armored vehicle) was utilized to deliver police personnel to the front of the location in a surround and callout style search warrant service. In addition to being used for transportation, the bearcat was used to provide an additional level of ballistic protection for the officers on scene who were dealing with potentially armed and violent gang members at the location. Entry was eventually made into the residence and one (1) Light Sound Diversionary Device (LSDD) was deployed, prior to entry, as a distraction to enhance the safety of the team making entry. LSDD Serial # F675203. UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE #22-126372 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE11/16/2022       Packet Pg. 865 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 14 TIME 10:30 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers from the San Bernardino Police Department attempted a traffic stop on a vehicle for vehicle code violations observed. The driver failed to yield and led officers on a high-speed pursuit that eventually terminated in the city of Riverside when the suspect's vehicle became disabled. The suspect, who was later determined to be wanted for felony charges, failed to comply with all commands given, and refused to exit his vehicle. A single less lethal bean bag round was deployed by a supervisor when the suspect reached into his waistband area, prompting the supervisor to believe he was reaching for a weapon. The bean bag round struck the suspect in the lower back causing redness and bruising. The suspect eventually exited the car and continued to remain uncooperative. A brief struggle ensued and the suspect was taken into custody without further incident. The suspect was arrested for felony evading charges and was also charged as an APB suspect in a domestic violence investigation. A pre-booking medical check was completed and the suspect was booked into jail. UAVCASE # DATE TIME 22-127533 11/18/2022 11:09 PM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun 1 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 5 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 1 yes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 866 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN Officers from the San Bernardino Police Department responded to the intersection of 9th Street and Waterman Avenue regarding a fatal traffic collision investigation. A single UAV was utilized to complete an overhead crime scene diagram. One (1) flight was completed for a total of twenty-five (25) minutes of total flight time. 1CASE # DATE TIME 22-123897 11/9/2022 9:00 PM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 6 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY A site survey was completed for SWAT. One (1) flight for a total of twenty-five (25) minutes of flight time. ROBOT UAV BEARCAT SWAT VAN RIMA 1CASE #None       Packet Pg. 867 BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 11/10/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 7 8:16 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN TIMES USED EQUIPMENT USE SUMMARY The San Bernardino Police Department responded to the intersection regarding a report of street racing and a street takeover. Due to safety concerns the UAV was deployed overhead to assess the overall magnitude of the incident. One (1) UAV flight was completed with a total of approximately ten (10) minutes flight time. 1CASE #22-124823 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE11/12/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue8       Packet Pg. 868 DT SPEDE HEAT CS DT TRIPLE CHASER CSTIME12:24 AM CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department responded to the intersection regarding an injury traffic collision investigation. The UAV was utilized to complete a diagram of the scene. Three (3) flights were completed for a total of approximately thirty (30) minutes of flight time. UAV 3CASE # DATE TIME 22-125108 11/12/2022 5:44 PM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 9 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 869 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA The San Bernardino Police Department responded to the intersection regarding an injury traffic collision investigation. The UAV was deployed to complete a scene diagram. One (1) flight was completed for a total of approximately twenty-five (25) minutes of flight time. 1CASE # DATE TIME 22-125426 11/13/2022 5:54 PM BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 10 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 240mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device       Packet Pg. 870 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME 11/14/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE Members of the San Bernardino Police Department SWAT team completed 40 hours of training at the San Bernardino County Sheriff's Department rifle range. The training consisted of classroom and practical application/qualifications with the department-issued sniper rifles and .308 ammunition. During the training a total of 376 rounds were utilized in proficiency drills and weapon zeroing. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 11 8:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNo (training only)CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 376 EVENT #EQUIPMENT USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device TIMES USED EQUIPMENT USE SUMMARY The San Bernardino Police Department SWAT team (designated snipers) completed additional firearms training with their department issued sniper rifles and .308 ammunition. A total of 125 rounds were fired during various competency courses. CASE # DATE TIME None 4 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun11/21/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 12 9:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS       Packet Pg. 871 DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION No (training only) 125 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY UAV pilots assisted the Community Affairs Division and filmed SBPD personnel at the location for social media posts. One (1) flight was completed for a total of twenty (20) minutes of flight time. ROBOT UAV 1CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun11/22/2022 10:30 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 13 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN CASE #22-126372 1       Packet Pg. 872 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE11/16/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Officers were attempting to apprehend a known gang member who was wanted on a parole violation. This individual was also suspected to be involved in several unrelated shootings. It was determined that he and a female accomplice had entered a residence on this day, confronted the victim, and shot her multiple times before fleeing. The suspects then committed a carjacking, forcefully taking a secondary victim's vehicle at gunpoint. Officers located the vehicle and a vehicle pursuit ensued with both suspects eventually fleeing from the vehicle and foot. Both suspects were apprehended. Officers served a search warrant at a residential location related to the male suspect. This location was a known gang hangout. During the warrant service a single Light Sound Diversionary Device (LSDD) was deployed outside of the residence, just prior to entry. This was done to create a diversion to facilitate the safe entry into the location. The bearcat (armored vehicle) was utilized to transport personnel and equipment to the location of the warrant service. Additionally, it was suspected officers were likely to encounter additional armed gang members at the location. The bearcat was utilized as an additional level of ballistic protection. LSDD #F675203 CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 114 TIME 7:30 AM yes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #22-126999 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE11/17/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY       Packet Pg. 873 LSDD-SINGLE Officers served a search warrant at the location which belongs to a known gang member. Prior to making entry a Light Sound Diversionary Device (LSDD) was deployed outside of the location to create a distraction/diversion for the entry team. The suspect in this case is armed prohibited and officers recovered five firearms. The suspect was charged with multiple felony charges. LSDD #675174. CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 115 TIME 11:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HCSWAT       Packet Pg. 874 CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 17 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher       Packet Pg. 875 Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 18 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 19 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS       Packet Pg. 876 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 20 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 877 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 21 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE       Packet Pg. 878 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 22 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 23 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no       Packet Pg. 879 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT       Packet Pg. 880 UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 25 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction       Packet Pg. 881 CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 27 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 882 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot)       Packet Pg. 883 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgunDATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 29 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED ROBOT TIMES USED EQUIPMENT USE SUMMARY UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 30 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS       Packet Pg. 884 DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 31 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT       Packet Pg. 885 UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgun MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang 9 Bang Single Use Body Distraction CTS 7290M Mini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blue CTS 7290MT Mini Flashbang Body Training Blue DT SPEDE HEAT CS 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 886 DECEMBER MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 0 6 5 0 2 0 4 0 0 0 0 0 0 0 0 0 0 0 LSDD-SINGLE 1 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 30 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 22-131913 12/1/2022 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The Special Investigations Bureau was assigned to locate and arrest an individual for the crime of murder. This individual (a known gang member) was the primary suspect in a homicide case, and was believed to be involved in several other shootings within the city. The suspect was observed walking in a residential neighborhood clutching his waistband, leading the officers to believe he was potentially armed. Officers attempted to contact the suspect and a foot pursuit ensued through this residential neighborhood. The suspect jumped fences and entered the yards of private residences. A single Light Sound Diversionary Device (LSDD) was deployed in front of the suspect as he attempted to enter the backyard area of a private residence. This was done in an effort to deny him access and prevent/divert him from seeking refuge inside the location and creating a potential hostage situation. The deployment was also intended to delay and distract the individual, affording the pursuing officers an opportunity to catch up to him and apprehend h safely. The suspect continued running after the deployment and eventually was taken into custody in the backyard area of a residence. LSDD #F675206. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 1:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 887 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu12/15/2022 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Two members of the San Bernardino Police Department SWAT team attended a Light Sound Diversionary Device (LSDD) instructor course at the San Bernardino County Sheriff's Department training facility. The training was hosted by CATO. In addition to classroom application, both officers deployed a LSDD as part of the curriculum. LSDD #F724219 and #F724274. 22 10:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No (training only) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #22-137474 BEARCAT SWAT VAN 1       Packet Pg. 888 RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME 12/15/2022 Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE 1 The San Bernardino Police Department assisted the San Bernardino County Sheriff's Department with a warrant service operation, aimed at apprehending known gang members and other violent offenders. One (1) Light Sound Diversionary Device (LSDD) was deployed near the front gate upon arrival of the service team, due to subjects attempting to barricade the rolling gate, in an effort to deny entry/access to the property. A second LSDD was deployed into the building, just prior to entry due to numerous subjects refusing to comply with verbal commands and others attempting to flee. Overall, the LSDDs were deployed in an effort to momentarily stun and distract potentially violent and combative individuals, who were actively thwarting the service of the search warrant. LSDD #F675192 and #1425053. The bearcat (armored vehicle) was utilized to transport personnel and equipment to the location. Additionally, it was used as an additional layer of ballistic protection, due to the likelihood of the involved violent offenders being armed. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 13 7:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department assisted the San Bernardino County Sheriff's Department in a warrant service operations, aimed at apprehending known gang members and other violent offenders. One (1) Light Sound Diversionary Device (LSDD) was deployed into the location due to numerous subjects attempting to flee. The device was used to momentarily stun and distract potentially violent individuals who were refusing to comply with commands, ultimately affording the officers a brief opportunity to maintain control of the scene and gain the tactical advantage during the warrant service. LSDD #F675199. The bearcat (armored vehicle) was utilized to transport personnel and equipment to the location. Additionally, it was used as an additional layer of ballistic protection, due to the likelihood of the involved violent offenders being armed. CASE # DATE TIME 22-137434 12/15/2022 8:15 PM 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS       Packet Pg. 889 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 22-137515 BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu12/15/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The San Bernardino Police Department assisted the San Bernardino County Sheriff's Department in a warrant service operations, aimed at apprehending known gang members and other violent offenders. One (1) Light Sound Diversionary Device (LSDD) was deployed to the front side of the location as the entry team initiated a movement at the rear portion of the property. The device was deployed to the front to divert and distract the attention of potentially armed individuals from the secondary team making entry through the rear door. LSDD #F675181. The bearcat (armored vehicle) was utilized to transport personnel and equipment to the location. Additionally, it was used as an additional layer of ballistic protection, due to the likelihood of the involved violent offenders being armed. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT Officers from the San Bernardino Police Department conducted a fatal traffic collision investigation at the intersection of 40th St. and H St. The UAV was utilized to complete a scene diagram Three (3) UAV flights were completed for a total of approximately fifty (50) minutes 3CASE #22-132064       Packet Pg. 890 .SWAT VAN RIMA of total flight time. BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE12/1/2022 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 6 TIME 9:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Members of the San Bernardino Police Department completed a fatal traffic collision investigation at the intersection of Victoria Avenue and Highland Avenue. The UAV was utilized to complete a scene diagram. Two (2) flights were completed for a total of approximately fifty (50) minutes of total flight time. UAV 2CASE #22-136940 BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotguDATE12/14/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction       Packet Pg. 891 CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 7 TIME 11:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN Officers from the San Bernardino Police Department responded to the intersection regarding an injury traffic collision investigation. The UAV was utilized to assist in the completion of a scene diagram. One (1) UAV flight was completed for approximately fifty (50) minutes of total flight time. 1CASE # DATE TIME 22-139294 12/21/2022 11:00 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 892 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT A music festival was held at the National Orange Show with an estimated attendance of 70,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. The bearcat is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and active shooter scenarios. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. The vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other necessary equipment to command large- scale events. UAVCASE # DATE TIME None BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE 1 1 40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu12/30/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 2:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device A music festival was held at the National Orange Show with an estimated attendance of 70,000 people. The bearcat (armored vehicle) is designed to provide ballistic protection during critical incidents. The bearcat is equipped with emergency lights, a siren, and a public address system for alerting the public. Common uses include citizen and officer rescues, evacuations, deployment of officers during critical situations, riots, vehicle borne interventions, and active shooter scenarios. The Regional Incident Management Apparatus (RIMA) is a command and control vehicle which is used as a mobile dispatch and/or command center during large-scale operations and community events. The vehicle can effectively transport large numbers of personnel. It contains mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, and other necessary equipment to command large- scale events. CASE #None 1 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE12/31/2022       Packet Pg. 893 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 10 TIME 4:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Designated snipers from the San Bernardino Police Department SWAT team participated in regularly scheduled range training. They completed proficiency/accuracy drills with their rifles. During the training, thirty (30) rounds of .308 ammunition was expended. UAVCASE # DATE TIME None BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE 440mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu12/14/2022 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 9:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCTraining only CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 894 12 gauge TKO Breaching Rounds .308 TAP ELD 30 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot       Packet Pg. 895 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 896 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 897 SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotguDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17       Packet Pg. 898 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 899 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE       Packet Pg. 900 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 901 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 902 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 903 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot       Packet Pg. 904 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS 27       Packet Pg. 905 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 906 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 907 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 908 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 909 JANUARY MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 0 12 3 0 0 0 10 0 0 1 0 0 0 1 0 0 LSDD-SINGLE 0 4 7 10 0 0 0 1 0 0 0 0 0 4 36 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC 0 0 DT Smoke Large Style HC CTS 5 Series Launching Cup 0 0 CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 620 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 22-142645 1/4/2023 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE On 01/01/23, the San Bernardino Police Department investigated a homicide in the Eastern District. The victim in this case was shot in the head and was pronounced deceased at the scene. Homicide investigators identified the suspect responsible for the murder and his current location. This individual was reportedly in an apartment complex near where the homicide occurred. A surveillance team observe the suspect in and out of a particular apartment, as well as several additional apartments within the complex carrying a duffel bag. The majority of apartments within this complex have been boarded up and are not suitable for occupancy. A search warrant was obtained for multiple apartments within this complex. The suspect was identified as a violent gang member, and intelligence indicated he was inside of the location armed with a rifle that was reportedly used in the murder. In total, six apartments were searched and a Light Sound Diversionary Device (LSDD) was deployed prior to the entry at CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 2 41 7:30 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 910 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup each location to create a diversion/distraction and allow for safer entry into the structures. During the search warrant service the murder suspect was safely apprehended. The bearcat (armored vehicle) was utilized to transport SWAT personnel and equipment to the location. Additionally, it was used as a secondary layer of ballistic protection, as officers were attempting to apprehend a violent gang member who was wanted for murder, and was reportedly armed with a rifle. LSDDs used: #0629965, #F675198, #F675201, #F751961, #F675176, and #0629961. Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu1/5/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The San Bernardino Police Department SWAT team completed regularly scheduled training. Part of that training included the use of Light Sound Diversionary Devices (LSDD). For demonstration and acclamation purposes three LSDDs were deployed in a group learning environment. A total of 10 training fuses were deployed by team members. LSDD #F724273, #629962 and #629960. *Training fuzes are not considered military equipment but are listed on the spreadsheet for in-house inventory purposes* 2 1 102 8:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes (training only) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department investigated a fatal traffic collision at the intersection of 40th St. and Sierra Way. A UAV was deployed to assist in the completion of a scene diagram. One (1) UAV was completed for a total of approximately thirty (30) minutes of total UAV 1CASE #23-530 BEARCAT SWAT VAN       Packet Pg. 911 RIMA flight time.BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotguDATE TIME 1/2/2023 9:00 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department investigated a fatal traffic collision at the intersection. A UAV was deployed to assist with completing a crime scene diagram. Two (2) flights were completed with approximately thirty (30) minutes of total flight time. 2CASE # DATE TIME 23-2103 1/7/2023 1:00 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 DT TRIPLE CHASER CS       Packet Pg. 912 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department responded to an injury traffic collision investigation at the intersection. A UAV was deployed to assist with the completion of a scene diagram. One (1) flight was completed for a total of approximately ten (10) total minutes of flight time. UAV 1CASE # DATE TIME 23-3348 1/10/2023 12:00 PM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT The San Bernardino Police Department investigated an officer-involved shooting at the location. A UAV was deployed to assist with the completion of a scene diagram. Six (6) flights were performed for approximately seventy (70) minutes of total flight time 6CASE #23-4725       Packet Pg. 913 .SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE01/13/20223 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 6 TIME 9:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #23-6561 BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotguDATE1/8/2023 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The SBPD Special Investigations Unit initiated an investigation at the residence, which is aLSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction       Packet Pg. 914 .CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17 leaving the location, where the driver was believed to be armed. The driver led the officers on a high-speed pursuit throughout the city that lasted approximately seventeen minutes. The suspect eventually stopped, refused to exit the vehicle, and took a female passenger hostage while armed with a handgun. The investigation eventually concluded with the suspect being arrested and the hostage safely rescued. Follow-up investigation was completed at the listed residence where a search warrant was served. A Light Sound Diversionary Device (LSDD) was deployed, prior to the warrant service team making entry into the location. The deployment was used to create a momentary distraction, prior to entry, to increase the odds of safe entry for the service team who was anticipating additional armed gang members inside. Nothing remarkable was discovered. The Multiple Enforcement Team (MET) assisted on the warrant service and deployed the LSDD. LSDD #F675193. TIME 4:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME 23-6774 1/19/2023 9:45 AM 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The San Bernardino Police Department SWAT team served a search warrant at the location. The location was established to be a commercial building maintained by known armed gang members who were selling narcotics. The location is a large and heavily fortified structure with several successive steel doors with wood 4 x 4 braces/locks. It also included unusual interior terrain that is difficult to negotiate, limited entry points, elevated platforms, and multiple stories. Upon entry, the warrant service team deployed a single Light Sound Diversionary Device (LSDD) to momentarily distract and disorient potentially armed occupants, and allow for safer entry into the location. The bearcat (armored vehicle) was utilized to transport SWAT personnel and equipment to the location. Additionally, it was used as an additional layer of ballistic protection to protect against potential gunfire from suspects who were reportedly armed. Numerous firearms were recovered in conjunction with over 100 pounds of marijuana and other drugs. Numerous suspects were arrested on various felony charges. 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 915 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 23-9600 1/26/2023 10:00 AM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE 1 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher 1 1 Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE Members of the San Bernardino Police Department Patrol Division and SWAT team responded to a call of an armed individual. The individual was determined to be a local gang member who was barricaded inside of a vehicle with an assault weapon, refusing to exit and surrender. This individual had a felony warrant in the system for his arrest, was on active felony probation, and is armed prohibited. Members of the Crisis Negotiation Team (CNT) attempted negotiations with the suspect for approximately 5 hours to no avail. The suspect made multiple threats to shoot officers. Pepper balls munitions were deployed into the vehicle as a less lethal option in an effort to encourage the suspect to exit the vehicle and surrender peacefully. This option had little to no affect on the suspect. Additionally, less lethal beanbag rounds were deployed. This secondary less lethal deployment appeared to have some affect; however, the suspect was still refusing to exit the vehicle. A canister of CS gas was introduced into the vehicle via a munitions pole. The suspect immediately exited the vehicle and surrendered without further incident. A loaded assault rifle was recovered from the vehicle and the suspect was booked on multiple felony charges. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CS 1 DT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 4 36yes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCYesCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department investigated a fatal traffic collision. The UAV was utilized to complete scene photographs and a factual diagram. One (1) UAV flight was completed for a total of approximately twenty (20) minutes of total flight time. 1CASE #23-10883 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE1/30/2023       Packet Pg. 916 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 10 TIME 9:40 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department responded to an assault investigation. The UAV was utilized to complete an area check for the suspect. One (1) flight was completed for a total of approximately twenty (20) minutes of total flight time. UAV 1CASE # DATE TIME 23-11919 1/30/2023 10:15 PM BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 917 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None 4 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu1/11/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Designated snipers from the San Bernardino Police Department SWAT team participated in regularly scheduled training this day. A total of seventy-five (75) rounds of .308 ammunition were deployed during various training scenarios. Rifle range facility.12 9:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No (Training) CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 75 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 440mm launcher (single shot       Packet Pg. 918 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME 01/25/25023 Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Designated snipers from the San Bernardino Police Department SWAT team participated in regularly scheduled training where they expended forty-five (45) rounds of .308 ammunition. Rifle range facility. LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 9:00 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNo (Training)CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD 45 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None 2 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu1/30/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY Two designated snipers from the San Bernardino Police Department SWAT team attended a sniper instructor course where 500 rounds of .308 ammunition were expended during a multi- day training session (01/30/23 through 02/03/23).14 7:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 919 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION No (Training) 500 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 920 SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotguDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17       Packet Pg. 921 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 922 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE       Packet Pg. 923 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 924 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 925 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 926 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot       Packet Pg. 927 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS 27       Packet Pg. 928 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 929 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotguDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 930 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal beanbag shotgu MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 931 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal beanbag shotgu MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 932 FEBRUARY MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 0 18 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LSDD-SINGLE 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department investigated a fatal traffic collision. A UAV was utilized to complete photographs and a scene diagram. Four (4) flights were completed for approximately ninety (90) minutes of flight time. UAV 4CASE # DATE TIME 23-12636 2/3/2023 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 1 1:30 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 933 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department SWAT team served a high-risk search warrant at this residential location. The search warrant was related to a homicide investigation where a high- powered assault weapon was used to shoot and kill the victim. A search of the location was completed in an effort to locate numerous items of evidence related to the investigation, which included the assault weapon. The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to the scene. It was also used as a secondary level of ballistic protection for the service team, due to the fact the suspect used a high-powered assault weapon during the commission of the crime. An immediate entry search warrant was completed. One (1) Light Sound Diversionary Device (LSDD) was deployed outside of the location due to a stalled breach. This was done to cause a temporary diversion/distraction to allow for safer entry into the location. CASE # DATE TIME 23-14736 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun2/8/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 5:30 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION Yes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department SWAT team served a high-risk search warrant at this residential location. The search warrant was related to a homicide investigation where the suspect was identified and surveillance indicated he was currently inside of the residence. An UAVCASE #23-14736 BEARCAT SWAT VAN 1       Packet Pg. 934 RIMA arrest warrant for the crime of murder was also obtained for this individual. The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to the scene. It was also used as a secondary level of ballistic protection for the service team, due to the fact the suspect used a high-powered assault weapon during the murder. A surround and callout warrant service was initiated and the suspect surrendered without incident. Evidence relating to the investigation was recovered. BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE TIME 2/8/2023 4:00 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCYesCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department Patrol Division responded to a report of a train fire at the location. One (1) UAV flight was completed for emergency overwatch for a total of approximately fifteen (15) minutes of flight time. 1CASE # DATE TIME 23-16329 2/13/2023 2:00 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 DT TRIPLE CHASER CS       Packet Pg. 935 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Miscellaneous repairs and function testing was completed on two UAVs in the parking lot of the San Bernardino Police Department. Two (2) test flights were completed for a total of approximately ten (10) minutes of flight time. UAV 2CASE # DATE TIME None BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun2/14/2023 2:00 PM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT The San Bernardino Police Department investigated a fatal traffic collision at this intersection. The UAV was utilized to complete a traffic collision diagram. Two (2) UAV flights were completed for a total of approximately forty-five (45) minutes of flight time 2CASE #23-15246       Packet Pg. 936 .SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE2/10/2023 MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 6 TIME 9:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department investigated a fatal traffic collision at this intersection. The UAV was utilized to complete a traffic collision diagram. Two (2) flights were completed for approximately fifty (50) minutes of total flight time. UAV 2CASE #23-14773 2/8/2023 BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction       Packet Pg. 937 CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 7 TIME 3:00 PM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device The San Bernardino Police Department SWAT team provided training for approximately sixty (60) sworn officers assigned to department's Mobile Field Force Division. The focus of the training was on active shooter responses. The training consisted of several hours of classroom instruction, and several hours of physical training evolutions at the National Orange Show Fairgrounds. After the training evolutions, a final active shooter scenario was staged at the location with numerous role players. Two (2) Light Sound Diversionary Devices (LSDD) were deployed to simulate explosions at various times during the response (Improvised Explosive Device). The SWAT van was deployed to the location to transport personnel and equipment needed for the training. The bearcat (armored vehicle) would normally be deployed during an active shooter scenario and was incorporated into the training this day. LSDD #F675178 and #F675179 CASE # DATE TIME None 1 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun2/16/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 3:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 938 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department Patrol Division completed a burglary investigation at this commercial structure. The UAV was utilized to complete a rooftop check to look for entry points and/or suspects. Three (3) flights were completed for approximately twenty-two (22) minutes of total flight time. UAV 3CASE # DATE TIME 23-18572 2/19/2023 12:58 AM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department Patrol Division completed a grand theft investigation. The UAV was utilized for an area check to look for the suspect. Three (3) flights were completed for approximately forty-five (45) minutes of total flight time. 3CASE #23-18618 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE2/19/2023       Packet Pg. 939 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 10 TIME 5:45 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department responded to the location and completed a fatal traffic collision investigation. The UAV was utilized to complete a detailed factual diagram. Three (3) UAV flights were completed for approximately thirty (30) minutes of total flight time. UAV 1CASE # DATE TIME 23-18798 2/19/2023 8:50 PM BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 940 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot       Packet Pg. 941 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 942 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 943 SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17       Packet Pg. 944 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 945 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE       Packet Pg. 946 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 947 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 948 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 949 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot       Packet Pg. 950 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS 27       Packet Pg. 951 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 952 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 953 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 954 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 955 MARCH MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 0 5 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LSDD-SINGLE 1 0 8 0 0 0 0 0 0 0 0 0 0 50 0 0 0 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 23-22445 3/1/2023 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The San Bernardino Police Department conducted an investigation related to illegal narcotics sales and firearms. A search warrant was obtained for the residential location where weapons and narcotics we believed to be stored. Upon arrival, the focus of the investigation (the suspect) was contacted at the front door. He refused to comply with commands and appeared to be retreating back into the residence. One (1) Light Sound Diversionary Device (LSDD) was deployed outside of the residence. The deployment created a temporary diversion/distraction to the suspect, denying him the immediate ability to retrieve a weapon or destroy evidence. This ultimately provided the entry team with a brief opportunity to capitalize on the distraction and safely enter/secure the residence without incident. Large quantities of illegal narcotics and a firearm were seized during the search. LSDD #F675188. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 10:30 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 956 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupNo CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME 23-22521 1 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun3/1/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 1 The San Bernardino Police Department SWAT team served a search warrant at this commercial location that was operating as an illegal net café. In addition to illegal gambling occurring at the location, intelligence was developed that armed prohibited individuals were running the location and had been seen with numerous firearms. The sales of illegal narcotics was also occurring from this location. The location was heavily fortified and required specialty breaching by the SWAT team. Approximately twenty subjects were encountered inside of the location. The breach point was delayed due to the construction of a perimeter gate and numerous fortifications. An individual keeping watch over the front door attempted to flee back into the location while holding his waistband. One (1) Light Sound Diversionary Devise (LSDD) was deployed in an open exterior area, which gained the compliance of the fleeing suspect. The entry into the location was delayed due to heavy fortification. A secondary LSDD was prepared to be deployed; however, the front door was breached and it appeared as though the subjects were complying. The second LSDD was deployed into an open area a considerable distance away from the subjects, due to the safety concerns with trying to resecure the already removed pin. The bearcat (armored vehicle) was utilized to transport SWAT personnel and equipment. Additionally, due to dealing with potentially armed individuals, the bearcat served as a secondary level of ballistic protection in the event shots were fired. Firearms and narcotics were seized. LSDD# F24253, LSDD #1425051. 12 4:00 PM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC yes or no SWAT ACTIVATION Yes CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #23-22922 BEARCAT SWAT VAN       Packet Pg. 957 RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME 3/2/2023 2:00 PM Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The San Bernardino Police Department Multiple Enforcement Team in conjunction with the Western District DROs served a search warrant at this residential location pertaining to the sale of illegal narcotics and firearms. This location has multiple structures. A total of four (4) Light Sound Diversionary Devices (LSDD) were deployed throughout the warrant service. The first LSDD was deployed as a diversion to the rear of the primary residence due to a delayed breach at the front door with the suspect inside. The second LSDD was going to be deployed to the rear of a secondary structure as the entry team attempted entry through the front door. However, a "no bang" was called by the team leader due to the subjects inside of the location complying with commands (LSDD was not deployed in the target area). Due to safety concerns of the device pin having already been removed, it was disposed of into an open area for safe handling/disposal. The third LSDD was deployed inside of the primary residence due to a locked door and substantially delayed breach into the room where potentially armed individuals were anticipated. The device was deployed in an effort to divert and distract the attention of any potential hostiles inside the locked room, and allow for safer entry by the service team. The fourth LSDD was deployed to the front of the primary residence, due to an additional locked bedroom inside of the residence with a delayed breach. LSDD# F724271, #F675171, #F675200, #F724220. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 43 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN The San Bernardino Police Department responded to the intersection of Mount Vernon Avenue and 21st Street regarding a fatal traffic collision investigation. The UAV was utilized to complete a scene diagram. Two (2) flights were completed for a total of approximately forty (40) minutes of total flight time. 1CASE # DATE TIME 23-24999 3/8/2023 4:51 AM RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 DT TRIPLE CHASER CS       Packet Pg. 958 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD No EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 23-28235 3/15/2023 4:00PM BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The San Bernardino Police Department served a search warrant at this location which was operating as an illegal net café. Upon arriving at the location the service team had to negotiate through a rolling exterior gate and observed numerous subjects barricading the entry doors to the location. A Light Sound Diversionary Device (LSDD) was deployed due to subjects barricading the door and refusing to comply with commands. The entry team was able to successfully enter the location and secure detain/four individuals without incident; one of them was armed with a handgun and was arrested on felony charges. LSDD# F724258. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE #None       Packet Pg. 959 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE3/9/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The San Bernardino Police Department conducts yearly training with sworn employees to cover a variety of required trainings. On this day, less lethal munitions instructors provided a block of training for numerous officers. In that training multiple officers trained with the 12- gauge less lethal platform and fired fifty (50) drag stabilized beanbag rounds.6 TIME 8:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALL 50 yes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department was involved in a vehicle pursuit. The UAV was deployed to assist in an area check for the suspect who fled from the vehicle. Two (2) flights were completed for a total of about thirty (30) minutes of flight time. UAV 2CASE #23-29579 BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE3/20/2023 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction       Packet Pg. 960 CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 7 TIME 1:08 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME None Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun3/30/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The San Bernardino Police Department Mounted Enforcement Team completed training pertaining to riot and crowd control techniques with their horses. With the assistance of the SBPD SWAT team, the horses were acclimated to the sound of gunfire and other explosions that would be expected during riotous/terrorist events. During the training one Light Sound Diversionary Device (LSDD) was deployed to simulate a commercial grade fireworks explosion. Commercial grade fireworks have been increasingly used and weaponized in assaults against law enforcement personnel. 18 9:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 961 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT The San Bernardino Police Department completed a homicide investigation at the intersection of 5th Street and Waterman Avenue. During the investigation the UAV was deployed to complete a crime scene diagram/photographs. Two (2) UAV flights were completed for a total of approximately sixty (60) minutes of flight time. UAV 2CASE # DATE TIME 23-31042 3/24/2023 11:30 AM BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE #None 1 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE3/31/2023       Packet Pg. 962 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE Members of the San Bernardino Police Department SWAT team performed a demonstration for the community at the location in support of an ongoing community relations effort. As part of the demonstration, one Light Sound Diversionary Device (LSDD) was deployed in an open area as the team demonstrated a small portion of their capabilities. The bearcat (armored vehicle) was also on display for the public to see. It is one of the most important pieces of police equipment, which is primarily used during critical incidents. The San Bernardino Police Department remains committed to transparency in displaying the vital equipment necessary to keep the community and officers safe. LSDD #F24222. CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuse Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS 110 TIME 8:00 PM DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 963 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot       Packet Pg. 964 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 965 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 966 SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17       Packet Pg. 967 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 968 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE       Packet Pg. 969 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 970 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 971 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 972 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot       Packet Pg. 973 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS 27       Packet Pg. 974 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 975 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 976 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 977 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 978 APRIL MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LSDD-SINGLE 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME 23-31943 BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE 1 40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun4/12/2023 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE The SBPD SWAT team served a high-risk search warrant at this complex. A search warrant was authorized to search three individual apartments, which were related to multiple armed robberies and felonious assaults with a firearm, perpetrated by two suspects. The purpose of the search warrant was to recover evidence associated with the crimes and arrest the individuals responsible. Additionally, both suspects had felony warrants issued for their arrest, pertaining to the aforementioned violent crimes. Additional information was obtained indicating both individuals were likely to be armed with firearms. During the service of the search warrant officers encountered multiple subjects in the hallways, including the primary robbery suspect. One individual threw a loaded firearm but was apprehended. The three search warrants were served simultaneously, each with the deployment of a Light Sound Diversionary Device (LSDD) prior to entry, which provided a temporary distraction, allowing for the officers to make safer entry into CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 5:15 AM DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 979 DT Smoke Military HCSWAT ACTIVATION the residences where armed individuals were suspected. The suspects were safely apprehended and firearms were recovered. The bearcat (armored vehicle) was used to transport SWAT personnel and equipment to the location. Additionally, the bearcat was used as a secondary level of ballistic protection, as officers were attempting to apprehend two violent individuals who committed crimes while armed with firearms. One of the individuals also posted social media videos of himself armed with a handgun and an assault rifle, which appeared to be at the same location of the search warrant. LSDD# F724239, F675183, and F724239. DT Smoke Large Style HC CTS 5 Series Launching CupYes CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME 23-36445 Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun4/12/2023 MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY The San Bernardino Police Department Narcotics Unit and Multiple Enforcement Team served a narcotics related search warrant. Intelligence was obtained indicating an individual at the location was selling large quantities of narcotics and was armed with a firearm. Upon service of the search warrant, the entry team experienced significant delays in breaching the front door of this two-story structure. For that reason, a Light Sound Diversionary Device (LSDD) was deployed to create a temporary distraction, diverting attention away from the front door where the team was making entry. The suspect was apprehended safely and over 300 pounds of methamphetamine was recovered. 12 10:00 AM DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION No CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT Officers from the San Bernardino Police Department authored a search warrant for this residential location. This was in response to an armed prohibited individual on felony probation at the location. This individual was observed on social media posting videos of UAV 1CASE #23-36238 BEARCAT SWAT VAN       Packet Pg. 980 RIMA himself shooting an assault weapon, in violation of the terms of his probation, and in violation of Penal Code 29800(a)(1) - Felon in possession of a firearm. The UAV was utilized to scout the location prior to the service of the warrant, ultimately to increase safety for the service team. One (1) Flight was completed for a total of approximately fifteen (15) minutes of flight time. The suspect was arrested on numerous felony charges and firearms were recovered from the location. BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE TIME 4/6/2023 10:30 AM MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCNoCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 4 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS       Packet Pg. 981 DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN CASE #       Packet Pg. 982 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 6 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu7       Packet Pg. 983 CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSTIMEDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 984 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY       Packet Pg. 985 LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 10 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 986 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun       Packet Pg. 987 DATE TIME Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no       Packet Pg. 988 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 989 Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CSDT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS 17 DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND       Packet Pg. 990 LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN       Packet Pg. 991 RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS       Packet Pg. 992 DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN CASE #       Packet Pg. 993 RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 22 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu23       Packet Pg. 994 CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSTIMEDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 995 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY       Packet Pg. 996 LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 27 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 997 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun       Packet Pg. 998 DATE TIME Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no       Packet Pg. 999 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic Device MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 1000 Long Range Acoustic Device Remington 870 breaching shotgun Long Range Acoustic DeviceDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 32 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 1001 MAY MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LSDD-SINGLE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSBLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot) 40mm (multi-shot) DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS Pepperball launcher DT Stinger Grenade CS CT 40mm Ferret Round CSRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 1 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 1002 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 2 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN       Packet Pg. 1003 RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE TIME MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 DT TRIPLE CHASER CS       Packet Pg. 1004 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE #       Packet Pg. 1005 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 6 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction       Packet Pg. 1006 CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 7 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD       Packet Pg. 1007 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE       Packet Pg. 1008 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 10 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 1009 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot       Packet Pg. 1010 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 1011 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 1012 SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17       Packet Pg. 1013 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD       Packet Pg. 1014 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE       Packet Pg. 1015 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD       Packet Pg. 1016 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 1017 Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 1018 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot       Packet Pg. 1019 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS 27       Packet Pg. 1020 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD       Packet Pg. 1021 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 1022 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds.308 TAP ELD       Packet Pg. 1023 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Accoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breachign Rounds .308 TAP ELD       Packet Pg. 1024 JUNE MONTHLY NUMBERS AT A GLANCE - There is a tab for every month (June 2022 - June 2023). - At the top of the page there is a "Monthly Recap" summarizing the months worth of munitions and equipment usage. - Below there are 31 event entries to be filled out for any event where munitions or special equipment are used. -- input required: Case number, Date, Time, Location, and whether or not it was a SWAT call out. - Data from all 12 months is added to provide a running total of usage, which updates the "new" inventory numbers. These numbers will be accurate, as long as the initial inventory numbers are accurate. EQUIPMENT USED TIMES USED MUNITIONS TIMES USED ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LSDD-SINGLE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS DT TRIPLE CHASER CS 40mm launcher (single shot) 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND 12-GAUGE DRAG STABALIZED BEAN BAG ROUND PEPPER BALL DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12-Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD 0 0 0 0 0 0 0 0 0 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 1 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no       Packet Pg. 1025 DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 2 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN       Packet Pg. 1026 RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 3 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 4 DT TRIPLE CHASER CS       Packet Pg. 1027 CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 5 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE #       Packet Pg. 1028 SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 6 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction       Packet Pg. 1029 CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 7 TIME DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 8 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 1030 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 9 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE       Packet Pg. 1031 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 10 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 11 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge       Packet Pg. 1032 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 12 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot       Packet Pg. 1033 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 13 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 14 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS       Packet Pg. 1034 CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 15 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE #BEARCAT SWAT VAN RIMA BLUE BIRD RV       Packet Pg. 1035 SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 16 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 17       Packet Pg. 1036 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 18 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 1037 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 19 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE       Packet Pg. 1038 MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 20 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RVSNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 21 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 1039 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 22 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE #BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot)Pepperball launcher Remington 870 breaching shotgun       Packet Pg. 1040 Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cuDATE TIME Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 23 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 24 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS       Packet Pg. 1041 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD SWAT ACTIVATION EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VANRIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single useCTS 201FB Flashbang Reload Fuze Training BluCTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 25 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUNDLESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot       Packet Pg. 1042 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED LSDD-SINGLE MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 26 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CSDT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS 27       Packet Pg. 1043 DT Han-Ball CS DT Stinger Grenade CSCT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HC CTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device CASE # DATE TIME Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 28 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 1044 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMABLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 29 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAV BEARCATCASE # SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgunDATE MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLE       Packet Pg. 1045 CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS 30 TIME DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOTUAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE40mm launcher (single shot 40mm (multi-shot) Pepperball launcherRemington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cu Remington 870 less lethal shotgun MUNITIONS USED MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY LSDD-SINGLECTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training BluDT SPEDE HEAT CS 31 DT TRIPLE CHASER CSCTS 5230B Baffled Grenade CS DT Han-Ball CSDT Stinger Grenade CSCT 40mm Ferret Round CSDT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZERPEPPER BALLyes or no DT Smoke Military HCSWAT ACTIVATION DT Smoke Large Style HCCTS 5 Series Launching CupCTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds.308 TAP ELD       Packet Pg. 1046 EVENT #EQUIPMENT USED TIMES USED EQUIPMENT USE SUMMARY ROBOT UAVCASE # DATE TIME BEARCAT SWAT VAN RIMA BLUE BIRD RV SNIPER RIFLE 40mm launcher (single shot 40mm (multi-shot) Pepperball launcher Remington 870 breaching shotgun Long Range Acoustic Device Remington 870 chemical agent shotgun w/ launching cup Remington 870 less lethal shotgun MUNITIONS USED LSDD-SINGLE CTS 7290-9 Flashbang9 Bang Single Use Body Distraction CTS 7290MMini Flashbang Steel Body Single use CTS 201FB Flashbang Reload Fuze Training Blu CTS 7290MT Mini Flashbang Body Training Blu DT SPEDE HEAT CS MUNITIONS QUANTITY USED EQUIPMENT USE SUMMARY 32 DT TRIPLE CHASER CS CTS 5230B Baffled Grenade CS DT Han-Ball CS DT Stinger Grenade CS CT 40mm Ferret Round CS DT Flameless Expulsion Grenade CS 40MM EXACT IMPACH SPONGE ROUND LESS LETHAL 12 GAUGE DRAG STABALIZER PEPPER BALLyes or no DT Smoke Military HC DT Smoke Large Style HC CTS 5 Series Launching Cup SWAT ACTIVATION CTS 12 Gauge Launching Cartridge 12 gauge TKO Breaching Rounds .308 TAP ELD       Packet Pg. 1047 Event #Citizen Complaint/Concern Summary of Complaint/Concern Response to Citizen Complaint/Concern Internal Audit Results If Appplicable Name DOB Phone # Address 1 No Complaints Received Between June 16, 2022 and April 13, 2023 N/A N/A Complaint/Concern Received on: Name DOB 2 Phone # Address Complaint/Concern Received on: Name DOB 3 Phone # Address Complaint/Concern Received on: Name DOB 4 Phone # Address Complaint/Concern Received on: Name DOB 5 Phone # Address Complaint/Concern Received on: Name DOB 6 Phone # Address Complaint/Concern Received on: Name DOB 7 Phone # Address Complaint/Concern Received on: Name DOB 8 Phone # Address Complaint/Concern Received on: Name DOB 9 Phone # Address Complaint/Concern Received on: Name DOB 10 Phone # Address Complaint/Concern Received on: Name       Packet Pg. 1048 DOB 11 12 13 14 15 16 17 18 19 20 Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on: Name DOB Phone # Address Complaint/Concern Received on:       Packet Pg. 1049       Packet Pg. 1050       Packet Pg. 1051       Packet Pg. 1052       Packet Pg. 1053       Packet Pg. 1054       Packet Pg. 1055       Packet Pg. 1056       Packet Pg. 1057       Packet Pg. 1058       Packet Pg. 1059       Packet Pg. 1060       Packet Pg. 1061       Packet Pg. 1062       Packet Pg. 1063       Packet Pg. 1064       Packet Pg. 1065       Packet Pg. 1066       Packet Pg. 1067       Packet Pg. 1068       Packet Pg. 1069 1 2 1 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Approving Amendment No. 1 to Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for Phase II of the San Bernardino Metrolink Station Accessibility Improvement Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No. 20-1002318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project. Background On September 26, 2013, Governor Brown signed legislation creating the Active Transportation Program (ATP) in the Department of Transportation (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School (SR2S), into a single program with a focus to make California a national leader in active transportation. The ATP is administered by the Division of Local Assistance, Office of Active Transportation and Special Programs. The purpose of ATP is to encourage increased use of active modes of transportation by achieving the following goals: •Increase the proportion of trips accomplished by biking and walking. •Increase safety and mobility for non-motorized users. •Advance the active transportation efforts of regional agencies to achieve       Packet Pg. 1070 1 2 1 8 greenhouse gas (GHG) reduction goals. •Enhance public health. •Ensure that disadvantaged communities fully share in the benefits of the program. •Provide a broad spectrum of projects to benefit many types of active transportation users. San Bernardino Transportation County Transportation Authority (SBCTA) has received a Federal Grant in the amount of $4,678,729. This grant is being used to improve access and mobility around the Metrolink Stations in the Cities of Montclair, Upland, Rancho Cucamonga, Fontana, Rialto and San Bernardino. SBCTA has only set aside $250,000 in Transportation Development Act (TDA) Article 3 (Bike Lane) funds for a total funding amount of $4,928,729 to cover all locations to be improved. Cooperative Agreement No 15-1001132 establishing the responsibilities of SBCTA and the City, was approved by the City council meeting on December 21, 2015. There will be no cost to the City except the City will waive the permit fees (including street cut, encroachment and lane closure fees), plan check fees and staff time, coordination and meeting attendance. The City will not be responsible for permits from other Agencies. Approximately $192,000 was spent in San Bernardino in the first phase of the project to improve access around the Metrolink Station at 3rd Street and Metrolink Way. Phase I was completed in March 2019. The improvements included restriping high visibility crosswalks, wayfinding signage, for local bus stops, and repair of existing uneven pavements along Mt.Vernon Avenue. On May 6, 2020, the Mayor and City Council adopted resolution No. 2020-81 approving cooperative agreement No. 20-1002318 between SBCTA and City of San Bernardino for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project establishing the responsibilities of SBCTA and the City. The agreement was revised to include the City’s contribution for project management in the amount of $18,000 adopted by Resolution No. 2020-209 utilizing Measure I Fund (129). This revised cooperative agreement No 20-1002318 will replace the agreement approved by the City Council on May 6, 2020. The improvements will include the installation of Class II, and Class III bike lanes from the Metrolink Station, along Metrolink Way, 2nd street, Mt.Vernon Avenue, and 7th Street to Ramona Elementary School located at 7th Street and Medical Center. Approximately $181,500 is estimated to be spent on Phase II of the project to improve passage and mobility around the San Bernardino Metrolink Station and the surrounding communities. Discussion The existing non-motorized network consists of several disconnected facilities. Barriers include disconnected bike lanes, lack of wayfinding signs, and pedestrian crossings, etc. The Project eliminates these gaps by providing an interconnected       Packet Pg. 1071 1 2 1 8 network of bike lanes, bike lane crossings, and improving existing arterial crossings and other related infrastructure which are safe, easy to navigate, convenient, and attractive. The Project plans to implement a well-connected network of active transportation facilities that foster a positive transit experience. It aims to build successful bicycle facilities with well-signed route-finding along the facility itself, and regional wayfinding to nearby destinations. The stations are surrounded by commercial, residential, and industrial uses, and serve as commuter stations and local bus transfer centers for a large number of users. The bike lane segment on Mt. Vernon Avenue between 5th Street and 2nd Street will be installed by the Mt. Vernon Avenue Bridge contractor upon completion of the project. This project when completed will link the Metrolink Station with Ramona Alessandro Elementary School located on 7th Street and Medical Center Drive via Class II, Class III bike lanes as identified in Attachment “B”. SBCTA is requesting that the attached Amendment No. 1 to Cooperative Agreement No. 20-1002318 be modified to update the scope identified in Attached B “Conceptual Layout” to provide access to the Metrolink Station from Metrolink Way at the 3rd Street Driveway entrance. This Agreement will not result in any incurred costs to the City. The modified scope will not impact the overall project schedule. The 100% Plans, Specification and Estimates (PS& E) have been approved by the City Engineer. The construction schedule is as follows: Release for Bids - July 2023 Award the project - October 2023 Notice to Proceed - November 2023 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provides an infrastructure designed for long term economic growth. Fiscal Impact The construction cost for the project is covered by ATP grant funding, which is a reimbursable-based grant. Phase II of the project is estimated to total $181,500, which will initially impact the General Fund as the City incurs expenses. Once the City reports all expenses for reimbursement through ATP grant funds, the funds spent by the General Fund will be replenished. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No.1 to Cooperative Agreement No.20-10022318 with the San Bernardino County Transportation Authority (SBCTA) for phase II of the San Bernardino Metrolink Station Accessibility Improvement Project.       Packet Pg. 1072 1 2 1 8 Attachments Attachment 1 - Cooperative Agreement No. 20-1002318 Attachment 2 - Cooperative Agreement No. 15-1001132 Ward: First Ward Synopsis of Previous Council Actions: 12/21/2015 Resolution No. 2015-286 approving Cooperative Agreement No. 15-1001132 with SBCTA for the phase I of the San Bernardino Metrolink Station Accessibility Improvement Project. 05/06/2020 Resolution No. 2020-81 approving Cooperative Agreement No. 20-1002318 with SBCTA for the phase I of the San Bernardino Metrolink Station Accessibility Improvement Project. 08/19/2020 Resolution No. 2020-209 approving revised Cooperative Agreement No. 20-1002318 with SBCTA for project Management fees in the amount of $18,000 will be provided through Measure I.       Packet Pg. 1073 Page 1 of 3 Cooperative Agreement No. 20-1002318-01 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 20-1002318 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO THIS AMENDMENT No. 1 to Cooperative Agreement No. 20-1002318 (referred to herein as “Amendment No. 1”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of San Bernardino (“CITY”), (SBCTA and CITY may be referred to individually herein as a “Party” and collectively as “Parties”). RECITALS: WHEREAS, SBCTA and City executed Cooperative Agreement No. 20-1002318 in December 2020; and WHEREAS, this Amendment No. 1 is intended to update the project scope identified in Attachment B “Conceptual Layout”. NOW, THEREFORE, the Parties agree to the following changes: 1. Attachment B to the AGREEMENT is replaced in its entirety with the revised Attachment B attached to this Amendment No. 1. 2. Except as otherwise provided in this Amendment No. 1, all other terms and conditions of the AGREEMENT shall remain in full force and effect . 3. This Amendment No. 1 is effective upon execution by SBCTA. ------------------SIGNATURES ON THE FOLLOWING PAGE------------------       Packet Pg. 1074 Page 2 of 3 Cooperative Agreement No. 20-1002318-01 IN WITNESS THEREOF, the parties have duly executed this Amendment No. 1 below. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY By: ____________________________ Art Bishop Board President Date:___________________ APPROVED AS TO FORM: By:_____________________ Juanda Daniel Assistant General Counsel CITY OF SAN BERNARDINO By:_____________________________ Charles McNeely City Manager Date:___________________ APPROVED AS TO FORM AND PROCEDURE: By:_____________________ Sonia R. Carvalho City Attorney       Packet Pg. 1075 Page 3 of 3 Cooperative Agreement No. 20-1002318-01 ATTACHMENT B CONCEPTUAL LAYOUT       Packet Pg. 1076 1 RESOLUTION NO. 2015-286 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. 15- 3 1001132 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION 4 COMMISSION FOR BIKE LANE AND ACCESSIBILITY IMPROVEMENTS IN THE VICINITY OF THE SAN BERNARDINO METROLINK STATION AND THE 5 MULTI-MODAL TRANSFER STATION AT "E" STREET AND RIALTO AVENUE. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute, on 9 behalf of the City, Cooperative Agreement No. 15-1001132 with the San Bernardino County 10 Transportation Commission for Bike Lane and Accessibility Improvements at the San 11 Bernardino Metrolink Station and the Multi-Modal Transfer Station at "E" Street and Rialto 12 13 Avenue, attached and incorporated herein as Exhibit"A". 14 SECTION 2. The authorization to execute the above referenced Agreement is 15 rescinded if it is not executed within one-hundred-twenty (120) days of the passage of this 16 resolution. 17 /// 18 HI 19 in 20 /// 21 HI 22 HI 23 ui 24 1H 25 1H 26 HI 27 28 1       Packet Pg. 1077 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING COOPERATIVE AGREEMENT NO. 15- 2 1001132 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION FOR BIKE LANE AND ACCESSIBILITY IMPROVEMENTS IN THE 3 VICINITY OF THE SAN BERNARDINO METROLINK STATION AND THE 4 MULTI-MODAL TRANSFER STATION AT "E" STREET AND RIALTO AVENUE. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 21"day of December, 2015, by the following vote,to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT X 14 NICKEL x 15 16 JOHNSON x 17 MULVIHILL x 18 19 Georgearf. Hanna, C , City Clerk 20 IV's The foregoing resolution is hereby approved this a 'day of Dece er, 2015. 21 22 23 R. CAREY D VIS, Mayor City of San ernardino 24 Approved as to form: 25 GARY D. SAENZ, City Attorney 26 By: 27 28 2       Packet Pg. 1078 2015-286 EXHIBIT "A" COOPERATIVE AGREEMENT NO. 15-1001132 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO FOR PLANNING AND ENVIRONMENTAL; PLANS, SPECIFICATIONS AND ESTIMATE PS&E); INO METRO(LINK)STA AND ACCESSIBILITY SAN BERNARDINO IMPROVEMENT PROJECT I. PARTIES AND TERM A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and between the San Bernardino County Transportation Commission (hereinafter referred to as "COMMISSION") and the City of San Bernardino (CITY), (COMMISSION and CITY may be referred to herein as a"Party" and collectively"Parties"). B. THIS AGREEMENT shall terminate upon completion of COMMISSION's management of the planning, environmental, PS&E, ROW and construction phases, or December 31, 2020, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. IL RECITALS A. WHEREAS, COMMISSION proposes to construct Phase I, in the near future, and Phase I1, at a later date, location specific improvements to various facilities within several cities within San Bernardino County; and B. WHEREAS, proposed Phases I and II improvements in the City of San Bernardino are depicted in Attachments B.1 and B.2, and are defined as the "PROJECT"; and C. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the PROJECT; and D. WHEREAS, the CITY has requested COMMISSION to complete the implementation of the PROJECT, including project management, engineering design, construction, procurement and management of contractors, and coordination with other cities and agencies; and E. WHEREAS,the CITY is the PROJECT owner, and this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership,       Packet Pg. 1079 2015-286 EXHIBIT "A" operation and maintenance of the existing and future improvements from the PROJECT Owner; and F. WHEREAS,the COMMISSION is the California Environmental Quality Act(CEQA) Lead Agency for the PROJECT and The State of California, Department of Transportation(Caltrans) is the National Environmental Policy Act (NEPA) Lead Agency for the PROJECT. NOW, THEREFORE,the Parties agree to the following: III. COMMISSION RESPONSIBILITIES: COMMISSION agrees: A. To be the lead agency for Project Management, Planning, Environmental, PS&E, ROW, and Construction work and to diligently undertake and complete, the Planning, Environmental, ROW, PS&E, and Construction work on PROJECT, including the selection and retention of consultants and contractors. Performance of services under these consultant and/or contractor contracts shall be subject to the technical direction of the COMMISSION's Director of Project Delivery, or his designee, with input and consultation from CITY. B. To contribute towards the Planning, Environmental, PS&E, ROW, and Construction phases of the PROJECT, an estimated $4,928,729 for Phase I. Phase II costs and funds have not yet been determined, but SANBAG and CITY project funding is anticipated to be consistent with Attachment A. The actual cost of a specific phase may ultimately vary and cause the total project cost to change from the estimate provided in Attachment A. However, the total project cost, exclusive of the CITY provided services specified in Part IV of this AGREEMENT, is to be borne solely by the COMMISSION. C. To execute appropriate agreements with other cities and agencies to facilitate and coordinate the completion of the PROJECT. D. To certify the California Environmental Quality Act Notice of Exemption(CEQA NOE) and coordinate with Caltrans to certify the National Environmental Policy Act Categorical Exclusion(NEPA CE). E. To designate a Project Manager to represent COMMISSION through whom all communications between the Parties shall be channeled. F. To provide CITY with a proposed project schedule to complete the PROJECT. G. To include CITY in Project Development Team (PDT) meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items. H. To perform the design and construction in accordance with State and Federal standards and practices. 1. To include CITY in design decisions that could impact CITY's general plans and esthetic considerations.       Packet Pg. 1080 2015-286 EXHIBIT "A" J. To make all PROJECT work performed by COMMISSION available for review and comment by CITY, and COMMISSION and CITY shall review all comments received by the PROJECT and mutually agree to which comments shall be incorporated into the PROJECT. K. To apply for encroachment permits authorizing entry of COMMISSION and its consultants and contractors onto CITY right of way to perform investigative activities, including surveying and geotechnical borings, and construction activities required by the PROJECT. L. To obtain, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies. All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost. M. To identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary their relocation. N. To provide written notice to CITY upon COMMISSION's determination that the Project is substantially completed in accordance with the plans and specifications. For the purposes of this Agreement, "substantially completed" shall mean that the PROJECT can be reasonably used for its intended purposes, notwithstanding that certain nonmaterial work remains to be completed, it being understood that COMMISSION shall promptly pursue the completion of such nonmaterial work. O. Upon completion of construction of PROJECT, COMMISSION shall deliver to CITY a complete set of redline "as-built"plans of the PROJECT. IV. CITY RESPONSIBILITIES: CITY agrees: A. To designate a responsible staff member that will be CITY's representative in attending the PDT meetings, receiving day-to-day communication and reviewing the PROJECT documents. B. To distribute PROJECT submittals for review and comment to CITY departments that are responsible for streets, sewers, water, drainage,traffic, land development, and planning. C. To review and comment, at no cost to the PROJECT, on all PROJECT work performed by COMMISSION. CITY shall transmit all review comments to COMMISSION within 20 working days after the submittal is received by CITY. If comments are not provided by the 20th working day, COMMISSION will deem the submittals approved by CITY and shall notify CITY of its intention to move forward with PROJECT execution. CITY agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT-related submittals requiring CITY review and comment. COMMISSION and CITY shall review all comments received regarding the PROJECT and mutually agree to which comments shall be incorporated into the PROJECT.       Packet Pg. 1081 2015-286 EXHIBIT "A" D. To provide encroachment permits authorizing entry of COMMISSION and its consultants and contractors onto CITY right of way to perform investigative activities, including surveying and geotechnical borings, and construction activities required by the PROJECT at no cost to the PROJECT. E. To provide all City permits and waive City fees required to construct the PROJECT. COMMISSION/contractor(s) shall obtain and pay the fees for all other non-City permits required for the construction of the PROJECT. F. To prepare CITY staff reports for city council consideration and COMMISSION agrees to provide supporting documentation for the staff reports. G. CITY agrees to exempt COMMISSION from plan check fees for submittal reviews. H. CITY agrees it will issue zero fee encroachment,traffic control, and street cut permits or other permits required by the CITY to perform investigative activities required by the PROJECT. I. CITY agrees to provide at no cost to the PROJECT existing improvement plans, and standard plans and specifications. J. CITY agrees to provide COMMISSION copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs. K. CITY agrees it will invoke its franchise/utility agreements and have its prior rights imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. CITY will formally inform the utilities of CITY's prior rights and request the relocation of utilities pursuant to the franchise/utility agreements. L. To accept in writing the PROJECT within thirty(30) days of receipt of written notice from COMMISSION that the PROJECT is substantially completed as described by Paragraph"N" in Section III, which acceptance shall not be unreasonably withheld or delayed. Withholding or delaying acceptance because of nonmaterial work remaining to be completing shall be deemed unreasonable. V. MUTUAL RESPONSIBILITIES: A. The scope of the PROJECT is depicted in Attachments 13.1 and B.2 "Conceptual Layout". The scope of Phase I improvements is an"estimate" of improvements and is subject to change. To adhere to available funding limits for Phase I, as shown in Attachment A, certain improvements in Phase I may be deferred to Phase II. B. CITY agrees COMMISSION is completing project management, environmental, PS&E, ROW, construction management, procurement and oversight of a construction contractor to complete the PROJECT. COMMISSION will complete these tasks using COMMISSION staff or contracted services. C. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to COMMISSION under this AGREEMENT. It is understood and       Packet Pg. 1082 2015-286 EXHIBIT "A" agreed that, pursuant to Government Code Section 895.4, COMMISSION shall fully defend, indemnify and save harmless CITY its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to COMMISSION under this AGREEMENT. D. Neither COMMISSION nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that,pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless COMMISSION its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. E. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT or on December 31, 2020, whichever is earlier in time. Should any claims arising out of PROJECT be asserted against one of the PARTIES,the PARTIES agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. F. CITY is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. G. COMMISSION is a public entity with Professional Liability, General Liability and Automobile Liability policies of$10,000,000 each and Workers' Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. H. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT. I. Except on subjects preempted by Federal law,this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. J. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES' financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of       Packet Pg. 1083 2015-286 EXHIBIT "A" five (5) years from the later of: (a) the date on which this AGREEMENT terminates; or b)the date on which such book or record was created. K. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. L. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized and executed by both PARTIES. M. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs C and D of this Section. N. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. O. Any notice required or authorized to be given hereunder or any other communicationsbetweenthePARTIESprovidedforunderthetermsofthisAGREEMENTshallbein writing, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below. P. Notice given under or regarding this AGREEMENT shall be deemed given(a) upon actual delivery, if delivery is personally made; or(b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. a. If to CITY: City of San Bernardino 300 North"D" Street, 3`d Floor San Bernardino, CA 92418 Attention: Public Works Director b. If to SANBAG: San Bernardino Associated Governments 1170 West 3`d Street, 2nd Floor San Bernardino, CA 92410 Attention: Garry Cohoe Director of Project Delivery Q. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. R. Attachments A, B.1 and B.2 are attached to and incorporated into this AGREEMENT.       Packet Pg. 1084 2015-286 EXHIBIT "A" SIGNATURE PAGE TO COOPERATIVE AGREEMENT NO. 15-1001132 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION COMMISSION By: By: Raymond W. Wolfe Allen Parker Executive Director City Manager Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM: PROCEDURE: Gary D. Saenz, City Attorney By:B . Eileen Monaghan Teichert General Counsel       Packet Pg. 1085 2015-286 EXHIBIT "A" ATTACHMENT A PROJECT FUNDING TABLE Fund Amount Active Transportation Program(ATP)— 4,678,729 Federal Grant Funds 250,000 Measure TDA Article 3 Funds City Incurred Costs City Phase I Funding Table represents entire ATP Project Funding—Phase I for all stations. Phase II -to be determined       Packet Pg. 1086 2015-286 EXHIBIT "A" ATTACHMENT B.1 CONCEPTUAL LAYOUT       Packet Pg. 1087 2015-286 EXHIBIT "A" W6 7 MCC!!g 4[ E:Pz Zcz Z5 n I,I, ,I W I 4 amp z Wt oz 0 QZ zi LL 41 4W xx le q 5L 1plv.m. A 4, 41 0 UA0- ggg Ou NJ Z Z Z dr Z If w Co i g,       Packet Pg. 1088 2015-286 EXHIBIT "A" ATTACHMENT B.2 CONCEPTUAL LAYOUT oD Off$ z ^ c W44 2;r, Lu LL YLLI a i a r t k f 1"33wls.zl. lk k vh %.y lk t. A IRE e a t a w € Z to cc UJ th' _ IT s S mCi t of ZZ c hc a z as,a. Q ELI co       Packet Pg. 1089 2015-286 EXHIBIT "A" COOPERATIVE AGREEMENT NO. 15-1001132 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND THE CITY OF SAN BERNARDINO FOR PLANNING AND ENVIRONMENTAL; PLANS, SPECIFICATIONS AND ESTIMATE PS&E); RIGHT OF WAY (ROW); AND CONSTRUCTION PHASES OF THE SAN BERNARDINO METROLINK STATION ACCESSIBILITY IMPROVEMENT PROJECT I. PARTIES AND TERM A. THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into by and between the San Bernardino County Transportation Commission (hereinafter referred to as "COMMISSION") and the City of San Bernardino (CITY), (COMMISSION and CITY may be referred to herein as a"Party" and collectively "Parties"). B. THIS AGREEMENT shall terminate upon completion of COMMISSION's management of the planning, environmental, PS&E, ROW and construction phases, or December 31, 2020, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. II. RECITALS A. WHEREAS, COMMISSION proposes to construct Phase I, in the near future, and Phase II, at a later date, location specific improvements to various facilities within several cities within San Bernardino County; and B. WHEREAS, proposed Phases I and II improvements in the City of San Bernardino are depicted in Attachments B.1 and B.2, and are defined as the "PROJECT"; and C. WHEREAS,the Parties wish to enter into this Agreement to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, PS&E, ROW and Construction activities of the PROJECT; and D. WHEREAS, the CITY has requested COMMISSION to complete the implementation of the PROJECT, including project management, engineering design, construction, procurement and management of contractors, and coordination with other cities and agencies; and E. WHEREAS, the CITY is the PROJECT owner, and this AGREEMENT does not transfer ownership nor does it transfer any legal responsibilities associated with ownership,       Packet Pg. 1090 2015-286 EXHIBIT "A" operation and maintenance of the existing and future improvements from the PROJECT Owner; and F. WHEREAS, the COMMISSION is the California Environmental Quality Act(CEQA) Lead Agency for the PROJECT and The State of California, Department of Transportation(Caltrans) is the National Environmental Policy Act (NEPA) Lead Agency for the PROJECT. NOW, THEREFORE, the Parties agree to the following: III. COMMISSION RESPONSIBILITIES: COMMISSION agrees: A. To be the lead agency for Project Management, Planning, Environmental, PS&E, ROW, and Construction work and to diligently undertake and complete, the Planning, Environmental, ROW, PS&E, and Construction work on PROJECT, including the selection and retention of consultants and contractors. Performance of services under these consultant and/or contractor contracts shall be subject to the technical direction of the COMMISSION's Director of Project Delivery, or his designee, with input and consultation from CITY. B. To contribute towards the Planning, Environmental, PS&E, ROW, and Construction phases of the PROJECT, an estimated $4,928,729 for Phase 1. Phase II costs and funds have not yet been determined, but SANBAG and CITY project funding is anticipated to be consistent with Attachment A. The actual cost of a specific phase may ultimately vary and cause the total project cost to change from the estimate provided in Attachment A. However, the total project cost, exclusive of the CITY provided services specified in Part IV of this AGREEMENT, is to be borne solely by the COMMISSION. C. To execute appropriate agreements with other cities and agencies to facilitate and coordinate the completion of the PROJECT. D. To certify the California Environmental Quality Act Notice of Exemption (CEQA NOE) and coordinate with Caltrans to certify the National Environmental Policy Act Categorical Exclusion(NEPA CE). E. To designate a Project Manager to represent COMMISSION through whom all communications between the Parties shall be channeled. F. To provide CITY with a proposed project schedule to complete the PROJECT. G. To include CITY in Project Development Team (PDT) meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items. H. To perform the design and construction in accordance with State and Federal standards and practices. 1. To include CITY in design decisions that could impact CITY's general plans and esthetic considerations.       Packet Pg. 1091 2015-286 EXHIBIT "A" J. To make all PROJECT work performed by COMMISSION available for review and comment by CITY, and COMMISSION and CITY shall review all comments received by the PROJECT and mutually agree to which comments shall be incorporated into the PROJECT. K. To apply for encroachment permits authorizing entry of COMMISSION and its consultants and contractors onto CITY right of way to perform investigative activities, including surveying and geotechnical borings, and construction activities required by the PROJECT. L. To obtain, all necessary PROJECT permits, agreements and/or approvals from appropriate agencies. All mitigation, monitoring, and/or remedial action required by said permits and/or agreements shall constitute part of the PROJECT cost. M. To identify the utilities within the PROJECT area and coordinate with the utility companies to determine their location, and if necessary their relocation. N. To provide written notice to CITY upon COMMISSION's determination that the Project is substantially completed in accordance with the plans and specifications. For the purposes of this Agreement, "substantially completed" shall mean that the PROJECT can be reasonably used for its intended purposes, notwithstanding that certain nonmaterial work remains to be completed, it being understood that COMMISSION shall promptly pursue the completion of such nonmaterial work. O. Upon completion of construction of PROJECT, COMMISSION shall deliver to CITY a complete set of redline "as-built" plans of the PROJECT. IV. CITY RESPONSIBILITIES: CITY agrees: A. To designate a responsible staff member that will be CITY's representative in attending the PDT meetings, receiving day-to-day communication and reviewing the PROJECT documents. B. To distribute PROJECT submittals for review and comment to CITY departments that are responsible for streets, sewers, water, drainage, traffic, land development, and planning. C. To review and comment, at no cost to the PROJECT, on all PROJECT work performed by COMMISSION. CITY shall transmit all review comments to COMMISSION within 20 working days after the submittal is received by CITY. If comments are not provided by the 20th working day, COMMISSION will deem the submittals approved by CITY and shall notify CITY of its intention to move forward with PROJECT execution. CITY agrees the submittals may be in the form of plans, specifications, estimates, reports, studies, environmental documents or other PROJECT-related submittals requiring CITY review and comment. COMMISSION and CITY shall review all comments received regarding the PROJECT and mutually agree to which comments shall be incorporated into the PROJECT.       Packet Pg. 1092 2015-286 EXHIBIT "A" D. To provide encroachment permits authorizing entry of COMMISSION and its consultants and contractors onto CITY right of way to perform investigative activities, including surveying and geotechnical borings, and construction activities required by the PROJECT at no cost to the PROJECT. E. To provide all City permits and waive City fees required to construct the PROJECT. COMMISSION/contractor(s) shall obtain and pay the fees for all other non-City permits required for the construction of the PROJECT. F. To prepare CITY staff reports for city council consideration and COMMISSION agrees to provide supporting documentation for the staff reports. G. CITY agrees to exempt COMMISSION from plan check fees for submittal reviews. H. CITY agrees it will issue zero fee encroachment, traffic control, and street cut permits or other permits required by the CITY to perform investigative activities required by the PROJECT. I. CITY agrees to provide at no cost to the PROJECT existing improvement plans, and standard plans and specifications. J. CITY agrees to provide COMMISSION copies of the franchise/utility agreements for the utilities in the PROJECT area for the purposes of determining prior rights and estimating utility relocation costs. K. CITY agrees it will invoke its franchise/utility agreements and have its prior rights imposed on utilities if it is determined utilities are in conflict with the PROJECT and require relocation. CITY will formally inform the utilities of CITY's prior rights and request the relocation of utilities pursuant to the franchise/utility agreements. L. To accept in writing the PROJECT within thirty (30) days of receipt of written notice from COMMISSION that the PROJECT is substantially completed as described by Paragraph"N" in Section III, which acceptance shall not be unreasonably withheld or delayed. Withholding or delaying acceptance because of nonmaterial work remaining to be completing shall be deemed unreasonable. V. MUTUAL RESPONSIBILITIES: A. The scope of the PROJECT is depicted in Attachments B.1 and B.2 "Conceptual Layout". The scope of Phase I improvements is an"estimate" of improvements and is subject to change. To adhere to available funding limits for Phase I, as shown in Attachment A, certain improvements in Phase I may be deferred to Phase II. B. CITY agrees COMMISSION is completing project management, environmental, PS&E, ROW, construction management, procurement and oversight of a construction contractor to complete the PROJECT. COMMISSION will complete these tasks using COMMISSION staff or contracted services. C. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to COMMISSION under this AGREEMENT. It is understood and       Packet Pg. 1093 2015-286 EXHIBIT "A" agreed that, pursuant to Government Code Section 895.4, COMMISSION shall fully defend, indemnify and save harmless CITY its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COMMISSION under or in connection with any work, authority or jurisdiction delegated to COMMISSION under this AGREEMENT. D. Neither COMMISSION nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that,pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless COMMISSION its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. E. This Agreement shall continue in full force and effect through completion and closeout of the PROJECT or on December 31, 2020, whichever is earlier in time. Should any claims arising out of PROJECT be asserted against one of the PARTIES, the PARTIES agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid. F. CITY is an authorized self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. G. COMMISSION is a public entity with Professional Liability, General Liability and Automobile Liability policies of$10,000,000 each and Workers' Compensation insurance coverage in the statutory limits, to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. H. All PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that, by so executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT. 1. Except on subjects preempted by Federal law, this AGREEMENT shall be governed and construed in accordance with the laws of the State of California. All PARTIES agree to follow all local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT. J. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES' financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of       Packet Pg. 1094 2015-286 EXHIBIT "A" five (5) years from the later of: (a) the date on which this AGREEMENT terminates; or b) the date on which such book or record was created. K. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. L. This AGREEMENT can be amended with a written amendment when agreed upon and duly authorized and executed by both PARTIES. M. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs C and D of this Section. N. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. O. Any notice required or authorized to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier or by facsimile addressed to the relevant party at the address/fax number stated below. P. Notice given under or regarding this AGREEMENT shall be deemed given(a)upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective Party at the address indicated below or to any other address as a Party may designate from time to time by a notice given in accordance with this paragraph. a. If to CITY: City of San Bernardino 300 North"D" Street, 3`d Floor San Bernardino, CA 92418 Attention: Public Works Director b. If to SANBAG: San Bernardino Associated Governments 1170 West 3`d Street, 2nd Floor San Bernardino, CA 92410 Attention: Garry Cohoe Director of Project Delivery Q. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. R. Attachments A, B.1 and 13.2 are attached to and incorporated into this AGREEMENT.       Packet Pg. 1095 2015-286 EXHIBIT "A" SIGNATURE PAGE TO COOPERATIVE AGREEMENT NO. 15-1001132 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION AND CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO TRANSPORTATION COMMISSION J By: By: Raymond Wolfe vAllen P rker Executive Director City Manager Date:Date:5' APPROVED AS TO FORM AND APPROVED AS TO FORM: PROCEDURE: Gary D. Saenz, City Attorney B . Eileen Monaghan Teichert General Counsel       Packet Pg. 1096 2015-286 EXHIBIT "A" ATTACHMENT A PROJECT FUNDING TABLE Fund Amount Active Transportation Program (ATP)— 4,678,729 Federal Grant Funds Measure TDA Article 3 Funds 250,000 City City Incurred Costs Phase I Funding Table represents entire ATP Project Funding—Phase I for all stations. Phase II -to be determined       Packet Pg. 1097 2015-286 EXHIBIT "A" ATTACHMENT B.1 CONCEPTUAL LAYOUT       Packet Pg. 1098 2015-286 EXHIBIT "A" a psi WW W 4 E1s t s z o f9.f It VOW Vtit rt a 3a1s:1. INK" d. IL TY Z,, I Eli 1 ju ¢ I a 4 ' Z 40 xdZ E x w ut t m u       Packet Pg. 1099 2015-286 EXHIBIT "A" ATTACHMENT B.2 CONCEPTUAL LAYOUT L1.1 W cc E Z ua ffT lu I— - 0-C r. Y 41 z wLu iwk r r 46 3- W t3 M 131 i too K o v fL Ey i1L w i u x ul v w` ulZ e o o 44 x ,       Packet Pg. 1100 1 3 1 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Task Order Issued to Willdan Engineering for Augmented Engineering Services Pursuant to Professional Service Agreement for On-Call Engineering Services and Approval of Amendment No. 1 to Professional Services Agreement (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and 3. Approve Amendment No. 1 to Professional Services Agreement for On-Call Engineering Services. Background On November 16, 2022, the City Council approved a standard Professional Service Agreement with 24 Engineering firms to provide the following services: •Street Construction Projects that will require DOT Traffic Control Designs •Storm Drain Projects •Wastewater Projects •Structural Design and Construction Projects       Packet Pg. 1101 1 3 1 6 •Environmental Consulting •Geotechnical Engineering Investigation •Surveying Services •Landscaping Design •Construction Inspection and Construction Management •Architecture •Civil Engineering •Mechanical Engineering •Electrical Engineering •Plumbing Engineering •Project Management/Staff Augmentation The selection of the firms was based on each consultant meeting the pre-qualified requirements, licensing, and certifications without being debarred, suspended, or ineligible from bidding or accepting work from any State of California or Federal contracts. Discussion The City of San Bernardino processed 1,020 land development permit applications in year 2022. The number of land development permit applications that the Public Works Department received and processed have increased by 100 percent in the last year from the previous years. These permits include on-site improvement/grading permit, off-site improvement permit, landscape plan permit, ROW encroachment permit, tract/parcel map, lot line adjustment, lot merger, Water Quality Management Plan, best management practices plan, erosion control plan, and stormwater pollution prevention plan. The NPDES program ensures that the City complies with the NPDES and MS4 Program regulated by the California State Regional Water Quality Control Board. Due to the increased workload of the Land Development Manager, who is currently serving as the Acting City Engineer/Deputy Director of Engineering, and the increased demand of large volume, complex land development projects and sensitive NPDES subject matters, staff seeks to issue a task order (Attachment 1-Exhibit B) pursuant to the approved PSA to provide professional engineering and program management services related to managing the City’s Land Development and NPDES Program. This will allow the department to continue implementing the Land Development and NPDES program while maintaining a high level of customer service. Staff will work with the consultant program managers to continuously improve the land development workflow process and efficiency and to update and implement the post-construction NPDES database and inspection program. On January 27, 2023, staff requested proposals to provide Land Development and NPDES Programmatic Services. Two (2) responses to the RFP were received on February 10, 2023.       Packet Pg. 1102 1 3 1 6 Firm Name Location Proposed Amount Willdan Engineering Inc.San Bernardino, CA $337,940 Transtech Engineers Chino, CA*$427,000 Note- Transtech Engineers has a local office in San Bernardino. Each firm proposed a different approach to provide the Land Development and NPDES Programmatic Services based on a requested 40 hours per week as indicated in the RFP. A selection committee consisting of Public Works management level staff reviewed the two proposals and conducted firm interviews. Willdan Engineering received superior ratings in the following categories: necessary related experience, adequacy of staff, depth of understanding of the City’s Land Development and NPDES needs and approach to augment staff. As indicated in their proposal and further elaborated in their presentation, Willdan Engineering has extensive experience throughout Los Angeles and San Bernardino County and provided an extensive and thorough transition plan which staff found to be effective. Lastly, on April 13, 2023, Public Works and Human Resources management conducted a Meet and Confer with the Middle Management Union and its Teamsters representative to discuss the staff augmentation to address the concerns expressed by union members. The purpose of the Meet and Confer was to discuss the proposed scope of work and the City's intention to pursue augmented staffing. Management provided reassurance that the intended augmentation was not to eliminate staff positions but to add capacity and additional subject matter expertise to work with in- house staff to improve the Land Development processes. The improved processes will enhance our developer community's customer experience and satisfaction. The Union provided its concurrence with the proposed augmentation. Staff anticipates the need for augmented services through FY 23/24. The proposed Task Order ends on June 30, 2024. Amendment No 1. to the Professional Services Agreement for On-Call Engineering Services corrects an administrative error in Section 4(b). That administrative error specified a per agreement not-to-exceed amount rather than the per task order not-to- exceed amount that was presented in the staff report for the original approval of this Agreement. At the time the Agreement was approved, the City’s Municipal Code required approval of the City Council for purchases in excess of $50,000. The intent of the original approved item was to limit the issuance of task orders to those with monetary amounts that were below the purchasing threshold at that time. The Agreement was designed to require City Council approval of any task orders that       Packet Pg. 1103 1 3 1 6 exceeded this $50,000 threshold. The proposed amendment corrects the administrative error in paragraph 4(b) and increases the per task order not-to-exceed amount to $50,000. Per Amendment No. 1, any task orders above $50,000 must be approved by the City Council. 2021-2025 Strategic Targets and Goals This task order is consistent with Key Target No. 1f: Improved Operational and Financial Capacity - Create an asset management plan. Approval of this comprehensive and formal approach will support the City with the long-term management of capital assets and provide strategic practices to effectively deliver community benefits and economic growth. Fiscal Impact As indicated in the November 16, 2022, staff report, any project with a total budget estimated to exceed the City Manager’s purchasing authority will be presented to the City Council for approval prior to authorizing a notice to proceed on the Task Order. The recommended task order total is within the City’s approved budget. The budget for the proposed work was previously established through the Adopted FY22/23 Budget in account number 001-400-0030*5502. Staff has included the funding in the department’s proposed FY 23/24 budget and will be reduced accordingly if the task order is approved. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1. Approve a Task Order Willdan Engineering001 to Willdan Engineering to provide augmented Land Development and National Pollutant Discharge Elimination System (NPDES) Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services; and 2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $337,940; and 3. Approve Amendment No. 1 to Professional Services Agreement for On-Call Engineering Services. Attachments Attachment 1 Task Order Willdan Engineering001 Attachment 2 Willdan Engineering On-Call Professional Service Agreement (PSA) Attachment 3 Willdan Engineering Proposal       Packet Pg. 1104 1 3 1 6 Attachment 4 Transtech Engineers Proposal Attachment 5 Amendment No. 1 to PSA for On-Call Eng. Services Ward: All Wards Synopsis of Previous Council Actions: November 16, 2022 Mayor and City Council approve On-Call Engineering Service Professional Service Agreements.       Packet Pg. 1105 EXHIBIT B TASK ORDER Task Order No.: Willdan Engineering001 Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT Consultant: Willdan Engineering The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: 1.Scope of Service 2.Willdan Engineering Proposal Dollar Amount of Task Order: Not to exceed $337,940 Completion Date: 06/30/24 The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO Willdan Engineering Dated: Dated: By: By: Daniel Hernandez Adel M. Freij, PE Director of Public Works Director of City Engineering       Packet Pg. 1106 Page 1 of 1 SCOPE OF SERVICE Program Management services shall include, but are not limited to: 1. Land Development Program a. Process new land development project applications, collect application fees and development impact fees. b. Upload completed new applications to Dropbox folders and email consultants and Public Works staff. c. Coordinate plan check review process with applicant and consultant. d. When plan check is completed and approved, issue construction and encroachment permits, collect permit fees. e. Schedule and conduct pre-construction meeting. f. Coordinate construction inspection activities with inspectors. g. Construction completion close-out, as-built plans, bond release. h. Development Environmental Review Committee and Planning projects review and provide comments. 2. NPDES Program a. Coordinate Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPPP) plan check review process with applicant and consultant. b. Review and approve non-category WQMP, Best Management Practices (BMP) plan, Erosion Control Plan, SWPPP. c. When plan check is completed and approved, issue construction permit, collect permit fees. d. Schedule and conduct pre-construction meeting. e. Coordinate construction activities with inspector. f. Construction completion: WQMP maintenance Agreement signing and recording. g. RWQCB Industrial Permits: regulatory compliance and annual reporting. h. Manage MS4 Permit Compliance and regulatory updates. Respond to illicit discharges.       Packet Pg. 1107 City of San Bernardino February 10, 2023 Request for Proposal Land Development and NPDES Program Management Services       Packet Pg. 1108 February 10, 2023 City of San Bernardino Public Works Department 290 North D St San Bernardino, CA 92401 Attention: Susan Pan, PE, QSD/QSP Acting Deputy Public Works Director/City Engineer Submitted via: Email Subject: Proposal for Land Development and NPDES Program Management Services The City of San Bernardino (City) is seeking professional engineering and program management services related to implementing the City’s Land Development and National Pollutant Discharge Elimination Systems (NPDES) programs. Willdan Engineering (Willdan) has been providing specialized solutions tailored to the unique needs of municipalities and other local government agencies for over 59 years and with the City of San Bernardino for 46 years. Our firm's commitment to responsive service and successful project delivery has given us a reputation as a firm that can be trusted to listen and to deliver a product our clients envision and embrace. The Team - Willdan’s proposed Project Manager, Joseph Bellomo, PE, QSD/P is a Principal Project Manager at Willdan, and he will have overall responsibility for the services we provide. Since 2004, Mr. Bellomo and his team have implemented and managed all aspects of the municipal NPDES Permit for many Willdan clients. Currently, he provides city engineering services to two cities and manages a team that implements NPDES permit compliance programs for ten municipal clients in three counties under the jurisdiction of two regional water quality control boards. For this contract, Mr. Bellomo will be supported by Emilio De Murga, PE and Johnny Ghazal, PE, QSD/P, both of whom have experience of working for the City and years of land development and plan checking experience. Supporting their efforts will be Kelsey Reed, CESSWI, QSP, HAZWOPER, and a team of highly qualified Environmental Analysts and inspectors capable of managing and implementing all aspects of the municipal, industrial, and construction general NPDES permits. The Approach - The services Mr. Ghazal currently provide the City coupled with Mr. De Murga’s previous onsite support provided to the City will ensure a seamless transition from the current manager of Land Development and coordination with City personnel and plan checking services. Willdan will provide 40 hours per week of onsite staffing divided between Mr. Bellomo, Mr. De Murga, and Mr. Ghazal, at highly reduced hourly rates. They will be supported by the remaining team offsite. An onsite presence will ensure proper communication with City leadership, and directions and guidance are effectively disseminated to the City’s land development and inspection personnel. The Availability - Willdan has been an integral part of the San Bernardino community since 1977. Willdan's team will continue to be managed and coordinated through our local full-service San Bernardino office, just 3.5 miles to the City’s office – making Willdan conveniently located and responsive to the City’s requests. Willdan’s comprehensive capabilities will ensure continuity, efficiency, cost effectiveness, quality, and adequate resources – and give the City maximum control over its workload. Willdan has the capacity to rapidly reassign project workloads to an expanded team of subject matter experts from our corporate resources to keep pace with the City’s requirements.       Packet Pg. 1109 We greatly appreciate this opportunity to provide you with our qualifications, and cost proposal for the immediate need, and look forward to answering any questions that you have. Respectfully submitted, WILLDAN ENGINEERING Adel M. Freij, PE Director of City Engineering       Packet Pg. 1110 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 3 Company Profile Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nation-wide clientele through our subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified capabilities. Unique to Willdan is our understanding of public agency needs and issues. We have supported the implementation of community visions through planning, engineering, construction management, building and safety, and staff augmentation for over 59 years. Since its establishment in 1964, Willdan has expanded in size, location, and service capabilities. Today, the firm provides a full range of engineering and planning services. Willdan provides civil, special district, and structural engineering; planning; financial and economic consulting; geology and geotechnical engineering; environmental health and safety; and energy efficiency solutions services. Willdan specializes in solutions tailored to the unique needs of municipalities and other local government agencies. Services range from full-time, in-house staffing to interim or part-time assistance on a project- by-project basis. In addition to the significant portion of our staff that have served in public agency management positions prior to joining Willdan, Willdan has had over a thousand assignments with over 90% of the cities and counties in California for building officials, city engineers, county engineers, county roads supervisors, planning directors, traffic engineers, and other public agency staff members. With our depth of experience, expertise, knowledge, and resources, Willdan can offer practical solutions that are timely, cost effective, and that meet the needs of individual communities. The diversity of our staff’s experience is an added value of our professional services. Our understanding of public agency challenges and needs is what makes Willdan unique. To meet and, on many occasions, exceed the expectation of our clients, Willdan fosters and instills a corporate culture of Customer-First among our staff and in our day-to-day work environment. Looking out for the City's best interests is at the forefront of everything we do. Our customer-focused philosophy is particularly evident when dealing with complex situations and difficult challenges that are hard to resolve. City’s Current Need We understand the City is seeking a qualified firm to manage nine (9) City staff and plan check consultants in delivering the land development and NPDES programs. The City processes roughly 1,000 land development permit applications annually and include on-site improvement/grading permits, off-site improvement permits, landscape plan permits, ROW encroachment permits, tract/parcel maps, lot line adjustments, lot mergers, water quality management plans, best management practices plans, erosion control plans, and stormwater pollution prevention plans (SWPPP).       Packet Pg. 1111 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 4 Scope of Services Land Development Program Services Willdan provides engineering plan review services for a variety of land development projects. The work encompasses review of improvement plans, including street plans, traffic signal plans, striping plans, drainage plans, roadway, sewer, water, grading plans, erosion and sediment control plans and storm water quality and SWPPP documents. The Engineering review is done by licensed civil engineers, with support from technical staff. Our civil engineers draw from their municipal expertise to coordinate the land development review such that all agency conditions of approval, regulatory permitting, engineering standards and policies are complied with and that good engineering practices are followed in general. This includes performing a project site visit, review, and application of information from the soils, geologic and seismic reports, fire flow calculations, sewer reports, mapping and related documents, easements, cost estimates and planning documents such as approved site plans and conditions of approval. The Willdan team is adept at coordinating a complete land development review from project inception and conditioning through approval and permitting and final as built and acceptance procedures. Willdan has developed a detailed in-house civil review checklist specifically for use on City of San Bernardino projects. Our checklist summarizes the City’s requirements and expectations to ensure all review staff perform consistent and comprehensive reviews of each project. Staff Augmentation Our understanding of the needs and challenges facing public agencies is unmatched in the industry. Willdan's professionals often serve to extend our clients' staff as city engineers and other public agency positions ranging from full-time, in-house staffing to interim or part-time assistance. We have highly trained, experienced staff to complete or enhance local agency staffing. A significant portion of our staff has served in public agency management positions prior to joining Willdan, infusing our organization with an in- depth understanding of the issues driving local governments. Electronic Plan Review Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree-saving” electronic plan review process includes the elimination of the need for additional computer software or hardware–only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam. Willdan will review plans and can transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet. This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing, and timelines for plan review processing for the applicant. Our EPR portal also serves as an accurate log of all plans coming in and going out. City staff will have full access to the site and will have the ability to check status, review redlines, comments, etc. NPDES Program Management Since the adoption of the first municipal NPDES Permit for Los Angeles County in June 1990, Willdan has provided professional permit and Total Maximum Daily Load (TMDL) management and review services for many municipalities. The following are various levels of services Willdan provides to its clients:       Packet Pg. 1112 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 5 Program Management – When called upon for help with NPDES Programs, the majority of Willdan’s clients rely on the firm for full permit and TMDL program management services. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council; preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and at times non-governmental organizations and managing city service personnel. Full/Partial Minimum Control Measure (MCM) Implementation – Using a full range of administrative and field activities, Willdan has experience ensuring compliance with the Municipal NPDES Permit – Stormwater Management Minimum Control Measures. This includes compliance activities associated with public information and public participation, industrial/commercial (I/C) facilities, planning and land development, development construction, public agency activities, and illicit discharge/illicit connection management. We also augment our clients existing resources, as well as train city staff to take over NPDES Permit requirements such as inspections or the entire compliance program. Development Plan Review Services – As part of the project development review process required by past Municipal NPDES Permits as well as the current Permit, Willdan provides professional engineering related review services for public and private projects subject to the conditioning and approval for design and implementation of stormwater mitigation measures. This includes Water Quality Management Plans (WQMP) and Low Impact Development (LID) standards for new development, redevelopment, and SWPPP for compliance with the State’s General Permit for construction activities. As a result, Willdan has a comprehensive understanding of proper site design, source control measures and the ability to implement appropriate best management practices (BMPs). Watershed Management Plan/Program Group Representation – Willdan has in-depth knowledge of the development and implementation of Watershed Management Programs (WMP). Throughout Willdan’s participation in multiple WMP groups, our staff has negotiated multiagency contracts and agreements, actively participated in the development process of the WMP and its Coordinated Integrated Monitoring Program (CIMP) and has collaborated and participated in meetings with group partners and Regional Water Quality Control Board (Regional Board) staff. In addition, Willdan has assisted in the development of presentations to the Regional Board, multiagency agreements, CIMP implementation, and multiagency cost-sharing formulas. TMDL Programs and Studies – From the review of Regional Board developed draft Basin Plan Amendments to addressing TMDL requirements, Willdan has years of experience. Quite often Willdan finds itself representing multiple clients with a common interest in the same watershed. These situations provide opportunities for our firm to take on lead watershed roles for the betterment of its clients, especially concerning TMDLs. For example, on behalf of the cities of Agoura Hills, Hidden Hills, and Westlake Village, Mr. Bellomo developed and currently manages, the Malibu Creek Watershed CIMP that reduces the cost to each client on common tasks and ensures the issues of the clients are addressed with efficiency. Another example is a project Willdan designed, managed, and inspected installation of Connector Pipe Screens and Automatic Retractable Screens full capture devices for more the 20 municipal clients in southern California putting those clients ahead of the regulatory curve on the State’s Trash Policy and TMDLs.       Packet Pg. 1113 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 6 Additional Services Labor Compliance Willdan has provided Labor Compliance services for over 30 years. Our labor compliance staff have completed monitoring and enforcement assignments for public agencies throughout California. Willdan’s Labor Compliance Management process has been perfected through continual reviews and updates. It maximizes efficiency and minimizes costs while optimizing client comfort. We provide contractor support by phone and email to insure a smooth process throughout the project. Our team can assist the City in compliance with applicable Federal, State, County, and local labor laws. Grant Writing and Administration for Local, State and Federal Willdan offers expertise in funding sources to assist our clients with obtaining available funding for current and future capital improvement projects. Our team offers vast knowledge of local/state/federal funding availability, along with administration and procurement requirements, for a wide variety of funding sources. Willdan's staff members have prepared numerous funding and competitive grant applications for various client cities. The applications generally require extensive research to investigate facilities and existing conditions, soliciting support from local civic groups, and completing a detailed cost estimate for project implementation. Willdan offers expertise in grant writing and selecting winning projects. Our submittals have a greater than 50 percent award rate on competitive state and federal grants. In addition, Willdan's team possesses vast experience preparing and processing required Caltrans forms for local agencies, including state and federal funding forms, checklists, invoices, and reports of expenditures. Willdan has assisted local agencies at various project stages with state and federal funding, from the initiating request to final invoicing. Willdan team members maintain quality relations with Caltrans’ District Local Assistance. Willdan offers expertise in grant writing and selecting winning projects. As can be seen in the table below, Willdan has an excellent track record in pursuing and securing state/federal funding for various Cities and Counties in the last five years totaling nearly $45 million. Willdan is thoroughly familiar with regulations pertaining to expenditures of federal, state, county, and local funds, including:  Arterial Highway Rehabilitation Program (AHRP)  Surface Transportation Program Local (STPL)  Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU)  Community Development Block Grant (CDBG)  Congestion Mitigation and Air Quality (CMQAQ)  Highway Bridge Program (HBP)  State Gas Tax  Active Transportation Program (ATP)  Highway Safety Improvement Program (HSIP)  MTA Call for Projects  Measure M, R and W  Proposition A and C  Proposition 1  Proposition 42  Proposition IB  SB1  Transportation Development Act (TDA)  Urban Greening  Various other grant and funding sources This knowledge is critical in executing projects funded by federal or state programs that have special permitting and reporting requirements. We have worked extensively for and with the CPUC, all Caltrans Districts, Caltrans Division of Structures, Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers. We have processed numerous permits and approvals through FHWA, CPUC, FRA, CTC, CCC, CDFW, RWQCB, etc. We are familiar with funding, permitting, and procedural requirements of these Nearly $45 Million in Funding in the last 5 years       Packet Pg. 1114 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 7 agencies and have an excellent working relationship with the essential staff involved in local agency programs. Our contacts with personnel in these agencies enable us to facilitate permit processing and compliance when required. Key Personnel For our key personnel, we have selected individuals with extensive expertise and directly related experience to ensure that services provided adhere to company-wide policies including the quality and integrity of project deliverables and team performance. They are supported by a talented technical support team ready to implement successful project delivery. The project manager selected to serve the City is a highly qualified individual with the task-to-talent match to meet the City’s stated goals. The Project Manager Joe Bellomo, PE, QSD/P, will be supported by Emilio De Murga, PE and Johnny Ghazal, PE, QSD/P both of whom have experience of working for the City and possess years of land development and plan checking experience. In addition, they will be assisted by Kelsey Reed, CESSWI, QSP, HAZWOPER, and a team of highly qualified Environmental Analysts and inspectors. Additional environmental, engineering, and inspection staff are available should the need arise. The following table and summary of client services illustrates the experience of key personnel and their corresponding services provided to municipal clients. Services Team Member Joe Bellomo Emilio Murga Johnny Ghazal Kelsey Reed Mayra Martinez Kayla Urbina Mohammad Samiee Land Development Experience    Onsite Staff Augmentation      Experience Managing Client Personnel    NPDES Program Management    Full MCM Implementation     Development Plan Review Services     Regional BMP Development Opportunities   Industrial/Commercial Stormwater Inspections      Trash TMDL Compliance      Construction Site Inspection      Post Construction WQMP Related Inspections            Packet Pg. 1115 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 8 Organizational Chart Below is an organizational chart that highlights the services that will be provided. The three staff members whose names in bold and blue font are the onsite contacts available for day-to-day support.       Packet Pg. 1116 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 9 Availability Team Member Title Onsite Availability Per Week Availability Per Week Land Development Personnel Joe Bellomo Project Manager 10 hours 25% Emilio Murga City Engineer 30 hours 75% Johnny Ghazal Senior Engineer 5 hours 20% NPDES Personnel Kelsey Reed Environmental Analyst III 20%* Mayra Martinez Environmental Analyst II 20%* Kayla Urbina Environmental Analyst I 16 hours 40% Chris Stone Project Manager III 15%* Mohammad Samiee, PE, QSD Inspector 15%* *Variable work week with minimal high priority assignments that could have a greater availability if needed.       Packet Pg. 1117 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 10 Relevant Experience We encourage the City to contact the references listed below; they are clients that have received similar services as those we are proposing to provide to the City of San Bernardino. City of San Fernando 117 MacNeil Street San Fernando, CA ZIP Contact: Mr. Matthew Baumgardner Public Works Director (818) 898-1237, mbaumgardner@sfcity.org Dates: May 2012 – Current Staff: Joe Bellomo, Emilio De Murga, Kelsey Reed, Mayra Martinez, Kayla Urbina Total Cost: $300,000 Annually Services Provided Onsite City Engineering/Land Development, NPDES Program Management, Inspection City of Fillmore 250 Central Avenue Fillmore, CA 93015 Contact: Mr. David Rowlands City Manager (805) 524-1500 ext. 209, drowlands@ci.fillmore.ca.us Dates: September 2017 – Current Staff: Joe Bellomo, Kelsey Reed, Mayra Martinez, Kayla Urbina Total Cost: $4.2 Million through 6/30/2023 Services Provided Onsite City Engineering/Land Development, NPDES Program Management, Inspection City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Contact: Mr. Rob de Geus City Manager (818)706-1613, rob@wlv.org Dates: July 2006 – Current Staff: Joe Bellomo, Kelsey Reed, Mayra Martinez, Kayla Urbina Total Cost: $800,000 Annually Services Provided Onsite City Engineering/Land Development, NPDES Program Management, Inspection       Packet Pg. 1118 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 11 Fee Proposal Willdan Engineering February 10, 2023 Land Development and NPDES Program Management Services These services shall be compensated based on the current applicable Willdan Engineering hourly rates per the attached respective schedules of hourly rates that will be held unchanged for the 3-year duration of the contract. The following modifications to the standard fee schedule will be applied to specific key staff positions when performing the routine or on-site land development services and NPDES Program Management related services only: Reduced Hourly Rates Principal Project Manager – Joe Bellomo, PE, QSD/P ................................ $200.00 City Engineer – Emilio De Murga, PE ......................................................... $175.00 Project Manager – Johnny Ghazal, PE, QSD/P ........................................... $118.00 Environmental Analyst III – Kelsey Reed, CESSWI, QSP, HAZWOPER ........ $145.00 Environmental Analyst II – Mayra Martinez .............................................. $140.00 Sr. Public Works Observer I – Mohammad Samiee, PE, QSD .................... $110.00 Special engineering and NPDES program assignments such as capital projects design, special studies and public works projects that are in addition to the onsite staffing and NPDES program management will utilize the standard hourly rate schedules on a following page. For these special assignments, Willdan will submit a work plan to the City for approval describing the scope of work, technical approach, proposed budget, and schedule. Upon approval from the City, Willdan will start work on these projects. Annual Estimate for Land Development Management Services For the City’s consideration, Willdan proposes meeting the demand for this item with 40 hours per week of onsite staffing. Our plan is to cover Monday through Friday by providing Mr. De Murga three 10-hour days, Mr. Ghazal one 5-hour day, and Mr. Bellomo one 5-hour day, per week. Based on the reduced rates listed above, we are recommending an annual amount not-to-exceed total for this service of $410,000. Annual Estimate for NPDES Program Management Services For the City’s consideration, Willdan proposes an annual budget of $160,000 to fully manage the City’s NPDES Program based on current Municipal NPDES Permit as well as the reduced rates listed above and the following table.       Packet Pg. 1119 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 12       Packet Pg. 1120 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 13       Packet Pg. 1121 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 14 Resumes of Key Staff       Packet Pg. 1122 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 15 Joseph E. Bellomo, PE, QSD/P Principal Project Manager Education:  BS, Civil Engineering, California State University, Los Angeles Registration/ Certification:  Civil Engineer, CA No. 75564  Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No. 20016 Experience: 25 Years Mr. Joe Bellomo, prior to joining Willdan, worked in the Department of Health Services for the County of Los Angeles as the Senior Environmental Health Technician for the Bureau of District Environmental Services (DES). The Bureau of DES is responsible for managing impacts to public health at commercial food facilities and housing in Los Angeles County. During his time in DES, Mr. Bellomo transitioned from conducting inspections in the field to administrative responsibilities under the direct supervision of the Bureau Director as the County began the restaurant grading program and reformation of food facility inspections. In January 2004, Mr. Bellomo joined Willdan as a Civil Engineer to work on various aspects of storm water and city engineering. Since his start with the firm, Joe has used his experience and knowledge of the State and Federal National Pollutant Discharge Elimination Systems (NPDES) program to manage compliance for many of Willdan’s clients. The majority of Willdan’s NPDES related clients rely on Joe for full NPDES permit and Total Maximum Daily Load (TMDL) program management services, formally or otherwise. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council, preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and non-governmental organizations; and at times managing city service personnel. As a result, Willdan has a comprehensive understanding of NPDES Permit requirements and the best approach to implementation. Mr. Bellomo currently serves as the Deputy City Engineer in Westlake Village and Fillmore, and currently manages a team solely dedicated to providing NPDES compliance services to Willdan clientele. Summary of Experience Staff Augmentation/NPDES/Construction Management/Federal Compliance, City of Fillmore, CA. Mr. Bellomo served as the Deputy City Engineer and was responsible for the implementation of the Capital Improvement Projects, compliance with various regulatory requirements associated with the NPDES program, water and wastewater, parks, and other infrastructure. Mr. Bellomo has managed two rounds of I/C inspections for the City. Services include federal compliance on four project packages of federally funded construction projects. The scope of work includes constructability review of existing construction plan sets, coordination of required design updates to the PS&E, advertise and award the construction contract, provide construction management and varying levels of construction inspection, coordination of multiple stakeholder groups for each project, and full administration of federal funding processing for projects at various stages of approval to secure funds, ensure federal compliance during construction, and invoice Caltrans for reimbursement of funds. City Engineering and Storm Water Program Management, City of Westlake Village, CA. Mr. Bellomo currently serves as the City’s Deputy City Engineer, however began working for the City in 2004 and served as its Storm Water Program Manager from 2008 through 2018. He has been responsible for providing the City municipal and construction NPDES program management, grant application and contract management, NPDES staff training, program evaluation and reporting, community presentations, staff reports, and budget reports; formalizing multi-agency watershed agreements, compliance with watershed TMDLs, and served as the chair of the Malibu Creek Watershed Management Committee for the past nine years. During this period, Joe has managed six rounds of I/C inspections for the City. Mr. Bellomo served as one of four members that represented the LA Permit Group, a group that comprised of approximately 61 cities in Los Angeles County, in the negotiation of the 2012 Municipal Separate Storm Sewer System (MS4) Permit. This Permit introduced       Packet Pg. 1123 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 16 the concept of compliance with water quality standards and limits through the development and implementation of watershed management planning. This compliance strategy has since been used by other Regional Boards throughout California, as well as other similar regulatory agencies in other states. While serving as the Stormwater Program Manager for Westlake Village, Mr. Bellomo represented the City’s interest with active participation in various Countywide funding programs such as the Integrated Regional Water Management Plan (IRWMP) where Mr. Bellomo currently serves as the first alternate to the Chair of the North Santa Monica Bay Sub-Regional Steering Committee and representative to the Greater Los Angeles County Regional IRWMP Leadership Committee; alternate to the Executive Director of the Las Virgenes- Malibu Council of Governments seat on the Safe, Clean Water Stakeholder Advisory Committee that’s responsible for the development of Measure W; and served in technical groups such as the Los Angeles Permit Group, the Watershed Management Modeling System Advisory Committee. His active participation beyond the City’s boundaries ensures the best decisions and outcomes are made for the City. Water Quality/ NPDES Compliance Services, City of San Fernando, CA. Project Manager. Willdan implements the City's Enhanced Watershed Management Plan, Coordinated Integrated Watershed Management Plan, and NPDES permits. We attended meetings on behalf of the client and provided document review. Willdan was support staff with City Council report and presentations. Willdan also conducted as needed briefings to the public, city staff, and City Council. Stormwater Program Manager, City of Canyon Lake, CA. Project Manager. Willdan is responsible for full compliance with the Municipal NPDES Permit, Total Maximum Daily Loads (TMDLs) in the Lake Elsinore and Canyon Lake Watershed, as well as other NPDES regulations. Duties include developing a stormwater pollution prevention plan (SWPPP) and Low Impact Develop plans for City projects, review and conditioning private development plans, review and approval of WQMPs, developing and implementing special monitoring studies to evaluate the City’s drainage and contribution relative to TMDLs for downstream waterbodies, and developing storm water treatment approaches. Water Quality Services, City of La Cañada Flintridge, CA. Project Manager. Willdan implements the City's Enhanced Watershed Management Plan, Coordinated Integrated Watershed Management Plan, and NPDES Program Management and is the representative to the Upper Los Angeles River Enhanced Watershed Management Program Group. We attended meetings on behalf of the client, documented review and were support staff with City Council report and presentations. Willdan also conducted as needed briefings to the public, city staff, and City Council. Water Quality Consultant Services, City of Hidden Hills, CA. Project Manager. Willdan is responsible for full compliance with the Municipal NPDES Permit, Total Maximum Daily Loads (TMDLs) in the Los Angeles River Watershed and Malibu Creek Watershed, as well as other NPDES regulations. Duties include developing a stormwater pollution prevention plan (SWPPP) and Low Impact Develop plans for City projects, review private development plans, developing and implementing special monitoring studies to evaluate the City’s drainage and contribution relative to TMDLs for downstream waterbodies, and developing storm water treatment approaches.       Packet Pg. 1124 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 17 Emilio Murga, PE City Engineer Education:  California State University, Northridge  LA Valley Junior College Registration/ Certification:  Civil Engineer, CA No. 54420 Experience: 34 Years Mr. Emilio M. Murga joined Willdan in 2001 and has since provided project management, contract administration, supervision of public works inspectors and City staff, coordination of various agencies and consultants, and city engineering services to the Cities of Lawndale, Covina, San Marino, Hawaiian Gardens, San Fernando, San Bernardino, and West Covina on an as-needed basis. He has assisted the City Engineer of the Cities of South Gate, Bell Gardens, Maywood, and Inglewood on various projects, including implementing and administering the design and construction of various capital improvement projects. Mr. Murga is fluent in the Spanish language. Summary of Experience Development Review Services, Cities of Inglewood, Lynwood, and South Gate, California. Mr. Murga provides development review services for these cities which includes the following:  Prepare Public Works development conditions (offsite improvements, traffic, street lighting, water, sewer, drainage, storm drains, NPDES, subdivision requirements, etc.). Issue public works permits to private development and utility companies. Provide public works inspections for offsite improvements and others.  Close out public works permits and development projects. Ascertain public works development conditions are met and completed.  Review of development projects from initial proposals to final plans, parcel maps, tract maps, site plan reviews, etc. Process parcel maps and tract maps, prepare conditions, coordinate with developers and private engineers.  Attend Planning Commission and City Council meetings to explain public works development conditions. Coordinate with the Community Development Department, Fire Department, Police Department, City of Utilities, utility companies, and other City departments, etc.  Review required engineering studies (drainage, traffic, parking, soils, etc.).  Provide coordination with City utilities and utility companies. Consulting City Engineer, City of San Fernando, California. Mr. Murga provides city engineering services and project manager services to include preparation of offsite improvements and development conditions, review and process lot line/lot mergers, parcel and tract maps, review and process street vacations and right-of-way dedications, provide engineering construction management for CIP projects and private developments, coordination with CIP granting agencies and utilities. Consulting City Engineer, City of West Covina, California. Mr. Murga coordinated engineering development activities, processed parcel and tract maps, offsite improvements, and conditions, coordinated the design and construction of CIP projects, coordinated Public Works maintenance activities, traffic engineering tasks, reviewed/process 56-unit condo. Development on Sunset Ave., Porto’s Bakery and Café development project.       Packet Pg. 1125 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 18 Consulting City Engineer, City of San Bernardino, California. Mr. Murga coordinated CIP projects, public works inspection activities, assessment districts, engineering traffic matters, development activities, including site plan reviews, and grading plans. City Engineering Services City of Lynwood, California. Mr. Murga’s extensive public works experience was gained during his tenure with the City of Lynwood, a City with a population of 80,000, where he served as the Director of Public Works for 8 years and 4 years as Assistant Director of Public Works. He also held the positions of Assistant and Associate Civil Engineer for 6 years while with that City. Mr. Murga was employed with City of Lynwood for two tenures. First tenure, From September 1980 to April 1998. Second tenure, May 2013 to November 2014. Retired from City of Lynwood November 2014. Assistant City Engineer, City of South Gate, California. Mr. Murga oversaw the Engineering Division, CIP program and a staff of eight engineers, support staff and public works inspector. Responsible for implementation of $40 million CIP program, preparation of RFPs for consultant selection for design, construction engineering and inspection. Overseeing the preparation of designs by consultants and staff. Preparation of City Council reports, resolutions and ordinances, coordination with the City Attorney’s office. Preparation of site plan reviews, parcel maps and development conditions. Subdivision process, attend Planning Commission meetings to explain and answer questions regarding public works conditions. Oversee the issuance of public works conditions and permits, inspection of private, utility, and public improvements. Oversee the City’s NPDES program, coordinate with City’s NPDES consultant. Prepare and coordinate applications by staff and consultants of various Federal and State grants (Call for Projects, EDA, HSIP, etc.). Oversee department’s budget, prepare CIP annual budget, prepare multi-year CIP program. Aid on engineering matters to other City Departments. Prepare employee evaluations and address personnel issues, interview and hire employee replacements. Prepare annual Street Lighting and Landscape Assessment District. Update annual public works fee schedule. Review EIR/EIS for the I-710 Fwy. Project. Review various traffic and residents’ complaints and request, proposed solutions and recommendations. Coordinate with Caltrans, Metro, LACDPW, Los Angeles County Sanitation District, UPRR, Central Basin Water District, etc. Involved on the following CIP projects: Firestone Boulevard/Atlantic Avenue Project, $8 million; Firestone Boulevard/I-710 Fwy. Bridge Widening, $14 million; Water and Sewer Improvements Project, $5 million; Safe Route to School, Cycles 1, 2, 8 and 9; $3 million; Park Improvements Project, $4 million; Firestone Beautification Project, $15 million; LED Street Lighting Conversion Project, $3 million; Traffic Signal Improvement Project, $2 million. Engineering Services - City Engineer, City of Lawndale, California. Mr. Murga served as City Engineer and acting Director of Public Works during the Director’s absence. The assignment involved implementing capital improvement projects, issuing Request for Proposals (RFPs) for various consultant services, supervising public works inspections, implementing CDBG projects, supervising the Department of Public Works, handling the Traffic Committee, attending City Council meetings, City Manager’s staff meeting, managing department budget, and expenditures, coordinating with other City departments, coordinating development, public works improvements, addressing citizens’ complaints, implementing NPDES procedures, etc. Mr. Murga currently serves the City as Project Manager for the City’s Capital Improvement Program. Engineering Services - City Engineer, City of San Marino, California. Mr. Murga was responsible for providing city engineering services to the City. Mr. Murga’s responsibilities included preparation of CIP program; advising City of funding/grant opportunities; preparation of RFPs for various services; assisting with project coordination and inspections; approve CIP progress payments; aid related to Subdivision Map Act; review and approve grading plans.       Packet Pg. 1126 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 19 Johnny Ghazal, PE, QSD/P Civil Plan Review Education:  BS, Civil Engineering, California Polytechnic State University, Pomona Registration/ Certification:  Civil Engineer, CA No. 76395  Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No.00849 Experience: 18 Years Mr. Johnny Ghazal is a Project Manager at Willdan with over 18 years of diversified civil engineering experience throughout California covering public works and private sector projects. His private sector experience includes the design of master planned communities involving the preparation of tentative tract maps, grading plans, improvement plans for streets, water & sewer, and storm drain facilities. Mr. Ghazal's public sector experience includes the design of capital improvement projects for various County and City jurisdictions involving street & storm drain improvements, plan review services, and City engineering services. Mr. Ghazal has assisted many jurisdictions with NPDES related compliance efforts involving preparation and review of stormwater permit documents and inspection as it relates to both MS4 and Construction General Permit requirements. Summary of Experience Civil Plan Check Services. Mr. Ghazal provides plan check services for multiple jurisdictions throughout California. He is responsible for reviewing both private developer and capital improvement projects. Current and recent review services include Grading & Erosion Control Plans, Storm Drain Plans, Drainage Studies, Water & Sewer Improvement Plans, Street Improvement Plans, and Water Quality Management Plans (WQMP) for the following agencies:  City of Fontana  City of La Quinta  City of Grand Terrace  City of Rialto  City of Moreno Valley  City of Lake Elsinore  City of San Bernardino  City of Highland  City of Loma Linda  March Joint Powers Authority  San Bernardino Associated Governments  County of San Bernardino  Morongo Band of Mission Indians City Engineering Services, City of Grand Terrace. Mr. Ghazal served as Consulting City Engineer having responsibilities for planning level reviews for conditions of approval, development plan reviews of private projects, and review of capital project improvement plans. Mr. Ghazal worked closely with the City's public works director on capital Improvement projects with responsibilities including preparation and issuance of RFP’s, bidding assistance and project management for street improvements throughout the City. Mr. Ghazal also assisted the City with their municipal NPDES compliance efforts. On-Call Construction Management and Permit Support, Watershed Conservation Authority, California. As the civil design lead for stormwater compliance on various park projects, Mr. Ghazal was responsible for preparing Erosion and Sediment Control Plans (ESCP) per Los Angeles County requirements and preparation of Storm Water Pollution Prevention Plans (SWPPP) for compliance with the State’s Construction General Permit. Services also included onsite inspections and submittal of permit documents (SWPPP annual reports, Notice of Terminations) into California’s SMARTS system.       Packet Pg. 1127 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 20 Chris O. Stone, PE Project Manager II/Civil Plan Review Education:  Graduate Course, Mathematics, Oregon State University  Graduate Course, Engineering Mechanics, Montana State University  BS, Civil Engineering, Montana State University Registration/ Certification:  Civil Engineer, Nevada No. 12379  Civil Engineer, Arizona, No. 55200 Experience: 15 Years Mr. Chris Stone possesses expertise in transportation and traffic engineering, street and roadway engineering, water and wastewater engineering, flood control hydrologic and hydraulic engineering, tract map and parcel mapping, grading, and structural engineering. He has participated in all technical aspects of projects, including preliminary engineering study and design; preparation of plans, specifications, and estimates; and peer review. His managerial experience includes client relations, project pursuit, proposal preparation, project technical and budgetary control, and invoicing. Summary of Experience Engineering Plan Review, Various, CA. Project Engineer responsible for reviewing engineering plans and documents submitted by developers to the Agency for plan review. Documents reviewed have included grading plans, rough grading plans, erosion control plans, drainage reports, Low Impact Development (LID) reports, storm drain plans, stormwater pump station design plans, street improvement plans, sanitary sewer plans, sanitary sewer area studies, water distribution plans, and encroachment permit applications. The documents are reviewed for conformance with City standards supplemented by the Standard Plans and Specifications for Public Works Construction (Green Book) and Caltrans Standard Plans. Reviews have been completed in both hard copy and electronic formats. Comments are returned to the applicant as redlined plan comments and in a plan review comment document. Subsequent reviews are performed to ensure that corrective actions have been performed by the applicant to adequately address the comments. When completed, the documents are stamped as “approved” and returned to the City. Reviews have been performed in the past 2 years for the following Southern California agencies:  Bell  Brea  Cerritos  El Monte  Fillmore  La Canada Flintridge  La Quinta  Los Alamitos  Manhattan Beach  Goleta  Rolling Hills Estates  Rosemead  San Bernardino County  Rolling Hill  Simi Valley  Ventura  West Covina  Paramount Mall Plan Check Services, City of Manhattan Beach, CA. Project Engineer. Willdan is the project manager providing Plan Check and Inspection Services for the Manhattan Beach Mall Expansion Project that involves all disciplines from Building and Safety, Planning, Civil and Geotech. Coordination is made through City staff and Willdan reviewers, as well as close coordination with the development team. There are weekly meetings, and all conditions of approval are reviewed for completion. Alameda Landing Plan Check, City of Alameda, CA. Project Manager. Performed plan checks for grading, street, drainage, and water quality. The project is on the former Alameda Naval Air Station and is a mixed-use project to include commercial and residential components. The development agreement required extensive infrastructure improvements to support the project. All major components of public infrastructure including water, wastewater, electrical, gas, storm drainage, stormwater treatment, roadway, and traffic facilities were involved. Responsibilities included site visits; technical review of models, studies, improvement plans and detailed drawings for compliance with city, district, state, and Federal standards and criteria; assuring that the intent of studies are fulfilled in design and represented by design submittal; providing timely comments and recommendations for corrective actions through a Plan Review Memo; meeting with developers and consultants to clarify requirements; and reviewing re- submittals to ensure that corrective actions are undertaken. The entire review process was conducted utilizing a proprietary electronic plan review system.       Packet Pg. 1128 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 21 Kelsey Reed, CESSWI, QSP, HAZWOPER Environmental Analyst III Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration/ Certification:  Qualified Stormwater Practitioner, California Stormwater Quality Association No. 25680  Certified Erosion, Sediment and Storm Water Inspector, EnviroCert International, Inc. No. 4574  Rainwater/Stormwater Post-Construction BMP Inspection & Maintenance Certification  Certified Hazardous Waste Operations and Emergency Response (HAZWOPER) Experience: 8 Years Ms. Kelsey Reed has stormwater and public agency experience working for Willdan Engineering and previously for the City of Camarillo. Ms. Reed now works with a variety of clients, assisting with stormwater compliance services that vary from site inspections and illicit discharge response to funding assistance and council report development. Summary of Experience NPDES/City Engineering Services, City of Westlake Village, CA. Ms. Reed has served as the City’s Stormwater Program Manager for over four years. As an offsite extension of City staff, Ms. Reed ensures the City is in compliance with the various minimum control measures of the MS4 Permit. This includes construction site BMP inspections, illicit discharge response and resolution, annual training, public outreach, and commercial and industrial site inspections. In addition to MS4 Permit compliance, Ms. Reed actively represents the City’s interests at various stormwater meetings, such as the Malibu Creek Watershed EWMP Group, and provides careful reviews of watershed and regulatory documents. Ms. Reed played an active role in the review and comment of multiple drafts of the Regional MS4 Permit and ensured the City was informed during the process. With the passage of Measure W in 2018, Ms. Reed ensured the City was prepared to receive municipal return funds, including the development of annual plans and council reports. Additionally, Ms. Reed continues to provide MS4 Permit annual reporting services to the City, including the review and comment of the Malibu Creek Watershed EWMP Watershed Annual Report. NPDES/EWMP Consulting Services, City of San Fernando, CA. Ms. Reed has played an active role MS4 Permit compliance support staff to the City. She routinely provides NSW outfall screening and source identification, annual report preparation, public outreach, and annual City staff training. Additionally, Ms. Reed represents the City’s interests in the Upper Los Angeles River Watershed EWMP Group and the Los Angeles Permit Group. During the Regional MS4 Permit adoption process, Ms. Reed provided a thorough review of the working and tentative drafts and provided comments on behalf of the City. Ms. Reed previously assisted with the City's Proposition 1 application for the San Fernando Regional Park project that provided $450,000 in design funds. Stormwater Program Management, City of Agoura Hills, CA. Ms. Reed has been responsible for as-needed assistance with MS4 Permit compliance. This includes NSW outfall screening, commercial facility inspections, construction site BMP inspections, and annual reporting. Additionally, Ms. Reed keeps the City informed of critical stormwater regulatory and watershed-based developments and represents the City’s interests as-needed at various stormwater meetings. City Engineering and Support NPDES Services, City of La Puente, CA. Ms. Reed provides as-needed stormwater compliance services to the City. this includes compliance with MS4 Permit and reporting requirements. Ms. Reed helped to develop the City’s response to the 13383 letter to address the State Trash Policy and provides assistance with Measure W obligations. When requested, Ms. Reed provides City representation at the Upper San Gabriel River EWMP Group and other various meetings.       Packet Pg. 1129 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 22 Stormwater Program Management, City of Fillmore, CA. Ms. Reed provides partial MS4 Permit compliance services to the City. This includes commercial and industrial inspections, annual staff training, annual reporting services. Ms. Reed represents the city’s interests in the Ventura County Stormwater Management Committee and Santa Clara River Watershed Group and updates staff of critical information and deadlines as it pertains to the groups. With the recent adoption of the Regional MS4 Permit, Ms. Reed has attended various meetings regarding the possibility of watershed management program (WMP) development; she provides key information to the City that will help guide the City to make the critical decision to join a WMP or not. NPDES/Water Quality Consultant Services, City of Hidden Hills, CA. Ms. Reed has supported the City with MS4 Permit compliance for over 6 years. Her duties have varied from annual report preparation to compliance with minimum control measures. She annually helps the City demonstrate compliance with the LA River Trash TMDL through the implementation of a daily generation rate study. She additionally provides NSW outfall screening and source identification, illicit discharge response, and construction site inspections. Ms. Reed has served as an advocate for the City in various stormwater groups and meetings, such as the LA Permit Group, ULAR and MCW EWMP Groups, and funding committees.       Packet Pg. 1130 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 23 Mayra Martinez Environmental Analyst II Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration:  American Red Cross First Aid/CPR/AED Experience: 7 Years Ms. Mayra Martinez has previously worked for a consulting firm and local government agencies where she provided support on sustainable practices including best management practices for agriculture in Ventura County. In the last year, Ms. Martinez has focused her expertise to water quality and conservation, joining Willdan in February 2020 to work primarily on stormwater quality compliance. Relevant Experience NPDES Consulting Services, City of San Fernando, CA. Ms. Martinez has played an active role in ensuring NPDES Permit compliance to the City. She has assisted with implementation of the NPDES Permit, watershed program, and monitoring program. She has performed various non-stormwater outfall inspections, public outreach, and provides annual staff training on the Planning and Land Development Program, Construction Development Program, and Illicit Discharge Program requirements of the MS4 Permit. She has also supported the trash daily generation rate study, to demonstrate compliance with the Los Angeles River Trash TMDL. Ms. Martinez also represents the City’s interest in the Upper Los Angeles River Watershed Group and attends meetings on the City’s behalf, provides report and document review and comment, and updates the City on critical deadlines, milestones, and required actions. NPDES Consulting Services, City of La Cañada Flintridge, CA. Ms. Martinez has actively supported the City’s stormwater program by actively ensuring NPDES Permit compliance to the City. She has assisted with the implementation of the Upper Los Angeles River watershed and monitoring program and the MS4 Permit. Ms. Martinez has performed non-stormwater outfall inspections and provides annual staff training on NPDES required minimum control measures. In addition, she has also attended meetings on behalf of the City and provides review and comment of documents related to the City’s watershed program and Los Angeles Regional Water Quality Control Board. Ms. Martinez reports to the City on critical material and timeframes to ensure all work is complete and deadlines are met. NPDES Consulting Services, City of Hidden Hills, CA. Ms. Martinez has provided support to the City to ensure MS4 Permit compliance. She has performed pre and post rain event construction site BMP inspections, non-stormwater outfall screening, and illicit discharge investigations. She has also prepared annual staff training on MS4 Permit related material, as applicable to the City. In addition to MS4 compliance, Ms. Martinez has represented the City’s interest in the Upper Los Angeles River and Malibu Creek watershed groups and provides review and comment of related material on the City’s behalf. NPDES Consulting Services, City of Westlake Village, CA. Ms. Martinez has actively supported the City’s MS4 Permit compliance efforts over the past two years. She has ensured the City is in compliance with the various minimum control measures of the MS4 Permit. This includes construction site BMP inspections, non-stormwater inspections, illicit discharge investigations, and annual staff training. In addition, Ms. Martinez supports the City’s watershed program and monitoring program and provides review and comment of watershed program material on behalf of the City. Ms. Martinez reports directly to City staff to provide updates on meetings, reports, and documents and maintains an open line of communication to ensure all deadlines are met.       Packet Pg. 1131 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 24 Kayla Urbina, EIT Environmental Analyst I Education:  BS, Environmental Engineering, University of Southern California Registration:  American Red Cross First Aid/CPR/AED  California Engineer-in-Training (EIT) No. 176660 Experience: 2 Years Ms. Kayla Urbina joined Willdan in 2022 to work primarily as onsite contract staff for the City of San Fernando and assists the NPDES team with stormwater compliance services. Prior to her experience at Willdan, she worked as an intern for the City of San Fernando’s Public Works Department and as a Civil and Environmental Engineering Department grader while completing her degree. Relevant Experience NPDES Consulting Services, City of San Fernando, CA. Ms. Urbina has played an active role in ensuring NPDES Permit compliance to the City. She has assisted with implementation of the NPDES Permit, conducts non-stormwater outfall inspections, conducts public outreach for upcoming city projects and potential grant opportunities, and performs routine construction inspections for the San Fernando Regional Park Infiltration Project, a ULAR EWMP Regional Project. She also represents the City’s interest in the Upper Los Angeles River Watershed Group and attends meetings on the City’s behalf such as the Los Angeles Permit Group Meeting, and MS4 related workshops. Additionally, Ms. Urbina provides administration assistance to the City of San Fernando Public Works Department including composing engineer’s reports and coordinating with contractor and inspector for Pico Street Improvement Project and collaborated with consultants to ensure preparation of bid package is on schedule for Glenoaks Bridge Pedestrian Fencing Project. Perform field checks and research traffic calming measures for Safe Routes to School Project (Cycles 1 & 2). NPDES Consulting Services, City of La Cañada Flintridge, CA. Ms. Urbina assists the City with stormwater compliance. She has performed non-stormwater outfall inspections, attended meetings on behalf of the City, and has assisted in the development of the City’s NPDES annual report. NPDES Consulting Services, City of Hidden Hills, CA. Ms. Urbina assists the City with implementation of the NPDES Permit. She has attended meetings on behalf of the City, and has assisted in the development of the City’s NPDES annual report. NPDES Consulting Services, City of Canyon Lake, CA. Ms. Urbina has actively supported the City’s efforts towards MS4 Permit compliance over the past year. She has represented the City’s interests in watershed groups such as the Lake Elsinore/Canyon Lake TMDL Task Force and provides review and comment of related material on the City’s behalf. She has also assisted the City with completion of annual reporting required by state and federal regulations.       Packet Pg. 1132 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 25 Mohammad Samiee, PE, QSD Construction Manager/Public Works Observation Profile Summary Education:  MS,Computer Science, West Coast University, Los Angeles, California  BS, Civil Engineering, California State Polytechnic University at Pomona Registration:  American Red Cross First Aid/CPR/AED  Civil Engineer, California, No. 46172  Registered QSD, California Experience: 28 Years Mohammad E. Samiee, PE, has more than 28 years of engineering experience including field engineering, management and operations, contract administration. In addition to public works and infrastructure projects. Mohammad has also supervised and reviewed geotechnical and grading reports, including preliminary geotechnical studies for residential and commercial buildings such as level and hillside projects, drilling, sampling, continuous logging laboratory testing and analysis of collected field and office data. His duties have included verification of bottom of excavations prior to fill replacement; grading inspection; identifying groundwater; unstable slopes, faults, ground substance and collapse; flood plain; and regional seismicity with adverse impact to the project, as well as preparation of geotechnical reports with conclusions and recommendations. Relevant Experience San Bernardino Plan and Project Review, City of San Bernardino, California. Assistant Construction Manager. Willdan reviews private developer projects spanning both on-site and off-site improvements. Review services cover Final Parcel and Tract Maps, lot line adjustments, grading & erosion control plans, storm drain plans, hydrology, water & sewer improvement plans, street improvement plans, signing & striping plans, traffic signal plans, storm water pollution prevention plans (SWPPP), and water quality management plans (WQMP). On-Call Public Works Services, City of Rialto, California. Assistant Construction Manager. Willdan was responsible for providing construction support services on various city projects during construction, including the Community Resource Center Project. This project involved the installation of ADA accessible pedestrian entrance ramps, an ADA-compliant path of travel, and adjacent parking lot improvements. Total construction cost was approximately $85,000. County of Los Angeles Department of Public Works, On-Call Resident Engineer, Construction Inspection and Welding Inspection Services, Los Angeles, CA. Resident Engineer. Providing construction inspection, resident engineer, and welding inspection services to the County of Los Angeles on an as-needed basis, His responsibilities include construction inspection, oversight, and enforcement of compliance with contract documents for construction of various department roads, sewers, water, traffic signals and flood control projects. Mohammad is responsible for bridge construction, rehabilitation, widening or seismic retrofit; dam rehabilitation; storm drain and sewage pump plant construction or rehabilitation; major road reconstruction; construction of major storm drain systems; and other public works projects. His duties include preparing and processing change orders, daily logs and working statements; collecting work records; maintaining accurate records of work completed for payment purposes; conducting employee interviews; preparing as- built plans; and performing other associated contract administration tasks. County of Los Angeles, Federal Emergency Management Agency (FEMA) Road Storm Damage Repair Project, Tuna Canyon Road, Malibu, CA. Resident Engineer. For a project which involved storm damage repair for a portion of Tuna Canyon Road, Mohammad was responsible for management and control during construction of a large retaining wall with texture using tiebacks, caissons/grade beam system to support the road. His duties also included coordination of the project with the County of Los Angeles and performing quality assurance inspection.       Packet Pg. 1133 650 E. Hospitality Lane, Suite 400 San Bernardino, CA 92408-3586 909.386.0200 | 800.789.7517 | Fax: 909.888.5107 www.willdan.com       Packet Pg. 1134 1 ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING This Agreement is made and entered into as of March 1, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Willdan Engineering, a CORPORATION with its principal place of business at 2401 E. Katella Avenue Suite 300, Anaheim, CA. 92806 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Civil Engineering Design, Consulting and Project Management Services for: 1. Civil Engineering Design 2. Traffic 3. Structural Engineering 4. Environmental 5. Geotechnical Engineering 6. Survey 7. Landscape Consulting Services 8. Inspection and Management of Construction Project 9. Project Management/ Staff Augmentation (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No               Packet Pg. 1135 2 services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”. 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $50,000 per assigned task order. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside- San Bernardino – Ontario, CA areas for the twelve (12) month period July through July immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.               Packet Pg. 1136 3 6. Term. The term of this Agreement shall be from March 1, 2023, to November 16, 2027, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of a Task Order from the City to proceed. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.               Packet Pg. 1137 4 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and               Packet Pg. 1138 5 control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain               Packet Pg. 1139 6 any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.               Packet Pg. 1140 7 e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall               Packet Pg. 1141 8 be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the               Packet Pg. 1142 9 limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.               Packet Pg. 1143 10 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).               Packet Pg. 1144 11 If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the               Packet Pg. 1145 12 enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Tyrone Peter as Project Manager(s). The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Daniel Hernandez Agency Director of Public Works, Operations, and Maintenance CONSULTANT: Willdan Engineering 650 E. Hospitality Lane, Suite 400 San Bernardino, CA. 92408-3586 Attn: Tyrone Peter, PE               Packet Pg. 1146 13 With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.               Packet Pg. 1147 14 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Order of Precedence. The following order and succession of the referenced documents shall govern in the event of conflict between documents: 1. Amendment(s) 2. This Agreement 3. Task Orders 44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered               Packet Pg. 1148 15 as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]               Packet Pg. 1149 16 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WILLDAN ENGINEERING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager ATTESTED BY: Genoveva Rocha City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney WILLDAN ENGINEERING Signature Vanessa Munoz Name CEO/President Title               Packet Pg. 1150 17 EXHIBIT A Scope of Services / Schedule of Charges This agreement assists the city with creating a long-term list of “Pre-Qualified Civil Engineering Firms, Engineering Design Professionals and Related Consultants”. The consultant shall provide the following services: xx Civil Engineering Design - Designs for street construction (widening/reduction), pavement projects (rehabilitation, reconstruction, median additions, ADA compliant sidewalks and walkways, and ADA compliant access ramp projects. - Designs of infrastructure such as: wastewater pump/lift station, wastewater force main pipeline, gravity pipelines, rehabilitation of existing gravity and force main pipes. Preparation of wastewater hydraulic analysis and modeling - Designs storm drain infrastructure such as: storm drain pipeline and ancillary structures, detention retention basin, and rehabilitation of existing storm drain pipes. Preparation of hydrology and hydraulic studies, Master Drainage studies, Water-Quality Master Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP).Design and implementation of quiet zone infrastructures and devices at railroad crossings such as a 4 Quadrant Crossing Gate. x Traffic Control - Traffic Engineering Consultants available to provide engineering design services for new or modified traffic signals, traffic control, signage and striping, lighting, signal interconnect (hardwire or fiber optic cable), preparation of Signal Timing Plans and Traffic Impact Studies, and any other traffic engineering related designs. x Structural Engineering - Provides structural calculations and design of retaining wall structure, soil stabilization retaining structure, parking lot and street light foundation, bridge foundation for various types of bridge construction such as pre- fabricated bridges along with construction shoring. - Provides structural inspection and analysis of existing buildings, newly constructed buildings, life cycle analysis of existing structures, parking structures, along with many other structural related designs. x Environmental Consulting - Prepare Initial Study Document.               Packet Pg. 1151 18 - Prepare environmental documents and technical studies in accordance with the California Environmental Quality Act (CEQA). - Preparation of environmental documents and technical studies in accordance with the National Environmental Policy Agency (NEPA). - Provide environmental monitoring services during construction and other related environmental services. x Geotechnical Engineering - Perform geotechnical investigation to include site evaluation and slope stability analysis. - Prepare geotechnical studies, environmental site assessments, and seismic analysis. - Provide soils inspection, compaction testing, and materials testing services to include field and laboratory testing of materials to serve as quality assurance on construction projects in accordance with project contract documents and applicable International Code Council (ICC), Construction by Configuration (CBC), American Society for Testing and Materials (ASTM), American Concrete Institute (ACI), American Association of State Highway and Transportation Officials (AASHTO), AWS standards, codes, city ordinances, regulations, laws, and common industry practices. x Survey - Collect existing ground elevation and topographic features. - Provide targets for aerial survey. - Provide construction staking for Public Works Capital Improvement Projects. - Tie out existing monuments and re-establish monuments pre and post-construction. - Prepare legal description and accompany plat for easements, Right-of-Way acquisition, and Right-of-Way dedication.               Packet Pg. 1152 19 x Landscape Consulting Services - Architect Consulting firms to provide landscape design and irrigation for street medians, City buildings and parkways. x Inspection and Management of Construction Project - Provide Construction Inspection and Management services for the construction of Capital Improvement Projects such as: pavement construction projects, street widening, concrete sidewalk repair, street median additions, ADA sidewalk and ramp construction, sewer and storm drain pipe installation and rehabilitation, sewer and storm drain pump station rehabilitation and construction, and parking structure rehabilitation and new construction. - x Project Management/Staff Augmentation - Provide services of leading a work team to achieve all project goals within specified constraints. - Planning, organizing, managing the completion of a project, while ensuring that it delivers the expected results on time, on budget and within a specific scope of services. - Provide staffing services for filling short-term project positions for Public Works on-call civil engineering design services.               Packet Pg. 1153 20 Schedule of Charges Job Title Job Description Hourly Rate KEY PERSONNEL Principal-in-Charge Contract Manager $245 Project Manager IV Quality Control / Quality Assurance $212 Principal Project Manager Project Manager $216 Deputy Director Traffic Task Manager $220 Deputy Director Civil Task Manager $220 Principal Project Manager Survey Task Manager $216 Project Manager II Drainage Task Manager $187 Project Manager I Hydraulic Task Manager $169 Director Environmental Task Manager $226 Supervising Engineer Geotechnical Task Manager $199 Director Inspection and Construction Management Task Manager $226 Principal Project Manager Landscape Architecture Task Manager $216 Project Manager IV Structural Design Task Manager $212 TECHNICAL SUPPORT TEAM Designer II Roadway Designer $166 Senior Designer I Roadway Designer $175 Senior Design Manager Traffic Designer $188 Design Manager Traffic Designer $185 Associate Engineer I Traffic Designer $170 Assistant Engineer IV Traffic Designer $165 Assistant Engineer III Traffic Designer $157 Assistant Engineer II Traffic Designer $148 Project Manager III Drainage Project Engineer $197 Senior Engineer II Hydraulic Project Engineer $188 Senior Designer II Hydrologic Analyst $184 Associate Engineer I Hydrologic / Roadway Designer $170 Assistant Engineer III Hydrologic / Roadway Designer $157 Assistant Engineer II Hydrologic / Roadway Designer $148 GIS Analyst II Hydrologic GIS Specialist $175 Geologist II Materials Testing $176 Supervisor – Survey & Mapping Mapping & Surveying $191               Packet Pg. 1154 21 Senior Survey Analyst Mapping & Surveying $182 Utility Coordinator Utility Coordination $167 Principal Planner Environmental Documentation Specialist $189 Supervising Engineer Regulatory Permit Specialist $199 Traffic Engineer II Transportation Project Engineer $212 Senior Engineer I Transportation Project Engineer $199 Project Manager II Transportation Studies Analyst $187 Assistant Engineer II Transportation Studies Analyst $148 Senior Landscape Architect Landscape Architecture Specialist $175 Associate Landscape Architect Landscape Architecture Specialist $160 City Engineer I Grant Funding Administration Specialist $212 Labor Compliance Manager Labor Compliance Specialist $166 Labor Compliance Specialist Labor Compliance Specialist $132 Plan Check Engineer Structural Design Engineer $183 Senior Public Works Observer Construction Observation $138* Public Works Observer Construction Observation $138* Administrative Assistant II Word Processing / File Management $109 If the city requires Consultant to hire additional Consultants perform any Additional Services, Consultant shall be compensated therefore at the Consultant’s actual hourly rates plus 15%. Owner shall have the authority to review and approve the rates of the consultant. Name of Expenses Mileage Current FTR mileage reimbursement rate The Consultant and City shall use the City’s Preliminary Construction Budget to establish an estimate of the Consultant’s Total Compensation based upon the following Fee Schedule: Fee Schedule Construction Costs % Rate Fee (100% OR Fraction Thereof) First $250,000 10% $25,000 Next $250,000 10% $25,000 Next $500,000 8% $40,000 Next $500,000 8% $40,000 Next $2,000,000 6% $120,000               Packet Pg. 1155 22 Excess of $5,000,000 5% $250,000               Packet Pg. 1156 23 EXHIBIT B TASK ORDER Task Order No. _______ Agreement: [INSERT TITLE OF AGREEMENT] Consultant: WILLDAN ENGINEERS The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above: List any attachments: (Please provide if any.) Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date: _____________ The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above. CITY OF SAN BERNARDINO WILL DAN ENGINEERS Dated: Dated: By: By:               Packet Pg. 1157 City of San Bernardino February 10, 2023 Request for Proposal Land Development and NPDES Program Management Services       Packet Pg. 1158 February 10, 2023 City of San Bernardino Public Works Department 290 North D St San Bernardino, CA 92401 Attention: Susan Pan, PE, QSD/QSP Acting Deputy Public Works Director/City Engineer Submitted via: Email Subject: Proposal for Land Development and NPDES Program Management Services The City of San Bernardino (City) is seeking professional engineering and program management services related to implementing the City’s Land Development and National Pollutant Discharge Elimination Systems (NPDES) programs. Willdan Engineering (Willdan) has been providing specialized solutions tailored to the unique needs of municipalities and other local government agencies for over 59 years and with the City of San Bernardino for 46 years. Our firm's commitment to responsive service and successful project delivery has given us a reputation as a firm that can be trusted to listen and to deliver a product our clients envision and embrace. The Team - Willdan’s proposed Project Manager, Joseph Bellomo, PE, QSD/P is a Principal Project Manager at Willdan, and he will have overall responsibility for the services we provide. Since 2004, Mr. Bellomo and his team have implemented and managed all aspects of the municipal NPDES Permit for many Willdan clients. Currently, he provides city engineering services to two cities and manages a team that implements NPDES permit compliance programs for ten municipal clients in three counties under the jurisdiction of two regional water quality control boards. For this contract, Mr. Bellomo will be supported by Emilio De Murga, PE and Johnny Ghazal, PE, QSD/P, both of whom have experience of working for the City and years of land development and plan checking experience. Supporting their efforts will be Kelsey Reed, CESSWI, QSP, HAZWOPER, and a team of highly qualified Environmental Analysts and inspectors capable of managing and implementing all aspects of the municipal, industrial, and construction general NPDES permits. The Approach - The services Mr. Ghazal currently provide the City coupled with Mr. De Murga’s previous onsite support provided to the City will ensure a seamless transition from the current manager of Land Development and coordination with City personnel and plan checking services. Willdan will provide 40 hours per week of onsite staffing divided between Mr. Bellomo, Mr. De Murga, and Mr. Ghazal, at highly reduced hourly rates. They will be supported by the remaining team offsite. An onsite presence will ensure proper communication with City leadership, and directions and guidance are effectively disseminated to the City’s land development and inspection personnel. The Availability - Willdan has been an integral part of the San Bernardino community since 1977. Willdan's team will continue to be managed and coordinated through our local full-service San Bernardino office, just 3.5 miles to the City’s office – making Willdan conveniently located and responsive to the City’s requests. Willdan’s comprehensive capabilities will ensure continuity, efficiency, cost effectiveness, quality, and adequate resources – and give the City maximum control over its workload. Willdan has the capacity to rapidly reassign project workloads to an expanded team of subject matter experts from our corporate resources to keep pace with the City’s requirements.       Packet Pg. 1159 We greatly appreciate this opportunity to provide you with our qualifications, and cost proposal for the immediate need, and look forward to answering any questions that you have. Respectfully submitted, WILLDAN ENGINEERING Adel M. Freij, PE Director of City Engineering       Packet Pg. 1160 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 3 Company Profile Willdan Engineering (Willdan), a California corporation since 1964, is a subsidiary of Willdan Group, Inc., a publicly traded Delaware corporation. Services are provided to nation-wide clientele through our subsidiary firms – Willdan Engineering, Willdan Energy Solutions, and Willdan Financial Services – that offer a portfolio of diversified capabilities. Unique to Willdan is our understanding of public agency needs and issues. We have supported the implementation of community visions through planning, engineering, construction management, building and safety, and staff augmentation for over 59 years. Since its establishment in 1964, Willdan has expanded in size, location, and service capabilities. Today, the firm provides a full range of engineering and planning services. Willdan provides civil, special district, and structural engineering; planning; financial and economic consulting; geology and geotechnical engineering; environmental health and safety; and energy efficiency solutions services. Willdan specializes in solutions tailored to the unique needs of municipalities and other local government agencies. Services range from full-time, in-house staffing to interim or part-time assistance on a project- by-project basis. In addition to the significant portion of our staff that have served in public agency management positions prior to joining Willdan, Willdan has had over a thousand assignments with over 90% of the cities and counties in California for building officials, city engineers, county engineers, county roads supervisors, planning directors, traffic engineers, and other public agency staff members. With our depth of experience, expertise, knowledge, and resources, Willdan can offer practical solutions that are timely, cost effective, and that meet the needs of individual communities. The diversity of our staff’s experience is an added value of our professional services. Our understanding of public agency challenges and needs is what makes Willdan unique. To meet and, on many occasions, exceed the expectation of our clients, Willdan fosters and instills a corporate culture of Customer-First among our staff and in our day-to-day work environment. Looking out for the City's best interests is at the forefront of everything we do. Our customer-focused philosophy is particularly evident when dealing with complex situations and difficult challenges that are hard to resolve. City’s Current Need We understand the City is seeking a qualified firm to manage nine (9) City staff and plan check consultants in delivering the land development and NPDES programs. The City processes roughly 1,000 land development permit applications annually and include on-site improvement/grading permits, off-site improvement permits, landscape plan permits, ROW encroachment permits, tract/parcel maps, lot line adjustments, lot mergers, water quality management plans, best management practices plans, erosion control plans, and stormwater pollution prevention plans (SWPPP).       Packet Pg. 1161 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 4 Scope of Services Land Development Program Services Willdan provides engineering plan review services for a variety of land development projects. The work encompasses review of improvement plans, including street plans, traffic signal plans, striping plans, drainage plans, roadway, sewer, water, grading plans, erosion and sediment control plans and storm water quality and SWPPP documents. The Engineering review is done by licensed civil engineers, with support from technical staff. Our civil engineers draw from their municipal expertise to coordinate the land development review such that all agency conditions of approval, regulatory permitting, engineering standards and policies are complied with and that good engineering practices are followed in general. This includes performing a project site visit, review, and application of information from the soils, geologic and seismic reports, fire flow calculations, sewer reports, mapping and related documents, easements, cost estimates and planning documents such as approved site plans and conditions of approval. The Willdan team is adept at coordinating a complete land development review from project inception and conditioning through approval and permitting and final as built and acceptance procedures. Willdan has developed a detailed in-house civil review checklist specifically for use on City of San Bernardino projects. Our checklist summarizes the City’s requirements and expectations to ensure all review staff perform consistent and comprehensive reviews of each project. Staff Augmentation Our understanding of the needs and challenges facing public agencies is unmatched in the industry. Willdan's professionals often serve to extend our clients' staff as city engineers and other public agency positions ranging from full-time, in-house staffing to interim or part-time assistance. We have highly trained, experienced staff to complete or enhance local agency staffing. A significant portion of our staff has served in public agency management positions prior to joining Willdan, infusing our organization with an in- depth understanding of the issues driving local governments. Electronic Plan Review Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree-saving” electronic plan review process includes the elimination of the need for additional computer software or hardware–only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam. Willdan will review plans and can transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet. This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing, and timelines for plan review processing for the applicant. Our EPR portal also serves as an accurate log of all plans coming in and going out. City staff will have full access to the site and will have the ability to check status, review redlines, comments, etc. NPDES Program Management Since the adoption of the first municipal NPDES Permit for Los Angeles County in June 1990, Willdan has provided professional permit and Total Maximum Daily Load (TMDL) management and review services for many municipalities. The following are various levels of services Willdan provides to its clients:       Packet Pg. 1162 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 5 Program Management – When called upon for help with NPDES Programs, the majority of Willdan’s clients rely on the firm for full permit and TMDL program management services. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council; preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and at times non-governmental organizations and managing city service personnel. Full/Partial Minimum Control Measure (MCM) Implementation – Using a full range of administrative and field activities, Willdan has experience ensuring compliance with the Municipal NPDES Permit – Stormwater Management Minimum Control Measures. This includes compliance activities associated with public information and public participation, industrial/commercial (I/C) facilities, planning and land development, development construction, public agency activities, and illicit discharge/illicit connection management. We also augment our clients existing resources, as well as train city staff to take over NPDES Permit requirements such as inspections or the entire compliance program. Development Plan Review Services – As part of the project development review process required by past Municipal NPDES Permits as well as the current Permit, Willdan provides professional engineering related review services for public and private projects subject to the conditioning and approval for design and implementation of stormwater mitigation measures. This includes Water Quality Management Plans (WQMP) and Low Impact Development (LID) standards for new development, redevelopment, and SWPPP for compliance with the State’s General Permit for construction activities. As a result, Willdan has a comprehensive understanding of proper site design, source control measures and the ability to implement appropriate best management practices (BMPs). Watershed Management Plan/Program Group Representation – Willdan has in-depth knowledge of the development and implementation of Watershed Management Programs (WMP). Throughout Willdan’s participation in multiple WMP groups, our staff has negotiated multiagency contracts and agreements, actively participated in the development process of the WMP and its Coordinated Integrated Monitoring Program (CIMP) and has collaborated and participated in meetings with group partners and Regional Water Quality Control Board (Regional Board) staff. In addition, Willdan has assisted in the development of presentations to the Regional Board, multiagency agreements, CIMP implementation, and multiagency cost-sharing formulas. TMDL Programs and Studies – From the review of Regional Board developed draft Basin Plan Amendments to addressing TMDL requirements, Willdan has years of experience. Quite often Willdan finds itself representing multiple clients with a common interest in the same watershed. These situations provide opportunities for our firm to take on lead watershed roles for the betterment of its clients, especially concerning TMDLs. For example, on behalf of the cities of Agoura Hills, Hidden Hills, and Westlake Village, Mr. Bellomo developed and currently manages, the Malibu Creek Watershed CIMP that reduces the cost to each client on common tasks and ensures the issues of the clients are addressed with efficiency. Another example is a project Willdan designed, managed, and inspected installation of Connector Pipe Screens and Automatic Retractable Screens full capture devices for more the 20 municipal clients in southern California putting those clients ahead of the regulatory curve on the State’s Trash Policy and TMDLs.       Packet Pg. 1163 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 6 Additional Services Labor Compliance Willdan has provided Labor Compliance services for over 30 years. Our labor compliance staff have completed monitoring and enforcement assignments for public agencies throughout California. Willdan’s Labor Compliance Management process has been perfected through continual reviews and updates. It maximizes efficiency and minimizes costs while optimizing client comfort. We provide contractor support by phone and email to insure a smooth process throughout the project. Our team can assist the City in compliance with applicable Federal, State, County, and local labor laws. Grant Writing and Administration for Local, State and Federal Willdan offers expertise in funding sources to assist our clients with obtaining available funding for current and future capital improvement projects. Our team offers vast knowledge of local/state/federal funding availability, along with administration and procurement requirements, for a wide variety of funding sources. Willdan's staff members have prepared numerous funding and competitive grant applications for various client cities. The applications generally require extensive research to investigate facilities and existing conditions, soliciting support from local civic groups, and completing a detailed cost estimate for project implementation. Willdan offers expertise in grant writing and selecting winning projects. Our submittals have a greater than 50 percent award rate on competitive state and federal grants. In addition, Willdan's team possesses vast experience preparing and processing required Caltrans forms for local agencies, including state and federal funding forms, checklists, invoices, and reports of expenditures. Willdan has assisted local agencies at various project stages with state and federal funding, from the initiating request to final invoicing. Willdan team members maintain quality relations with Caltrans’ District Local Assistance. Willdan offers expertise in grant writing and selecting winning projects. As can be seen in the table below, Willdan has an excellent track record in pursuing and securing state/federal funding for various Cities and Counties in the last five years totaling nearly $45 million. Willdan is thoroughly familiar with regulations pertaining to expenditures of federal, state, county, and local funds, including:  Arterial Highway Rehabilitation Program (AHRP)  Surface Transportation Program Local (STPL)  Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU)  Community Development Block Grant (CDBG)  Congestion Mitigation and Air Quality (CMQAQ)  Highway Bridge Program (HBP)  State Gas Tax  Active Transportation Program (ATP)  Highway Safety Improvement Program (HSIP)  MTA Call for Projects  Measure M, R and W  Proposition A and C  Proposition 1  Proposition 42  Proposition IB  SB1  Transportation Development Act (TDA)  Urban Greening  Various other grant and funding sources This knowledge is critical in executing projects funded by federal or state programs that have special permitting and reporting requirements. We have worked extensively for and with the CPUC, all Caltrans Districts, Caltrans Division of Structures, Regional Water Quality Control Boards, and the U.S. Army Corps of Engineers. We have processed numerous permits and approvals through FHWA, CPUC, FRA, CTC, CCC, CDFW, RWQCB, etc. We are familiar with funding, permitting, and procedural requirements of these Nearly $45 Million in Funding in the last 5 years       Packet Pg. 1164 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 7 agencies and have an excellent working relationship with the essential staff involved in local agency programs. Our contacts with personnel in these agencies enable us to facilitate permit processing and compliance when required. Key Personnel For our key personnel, we have selected individuals with extensive expertise and directly related experience to ensure that services provided adhere to company-wide policies including the quality and integrity of project deliverables and team performance. They are supported by a talented technical support team ready to implement successful project delivery. The project manager selected to serve the City is a highly qualified individual with the task-to-talent match to meet the City’s stated goals. The Project Manager Joe Bellomo, PE, QSD/P, will be supported by Emilio De Murga, PE and Johnny Ghazal, PE, QSD/P both of whom have experience of working for the City and possess years of land development and plan checking experience. In addition, they will be assisted by Kelsey Reed, CESSWI, QSP, HAZWOPER, and a team of highly qualified Environmental Analysts and inspectors. Additional environmental, engineering, and inspection staff are available should the need arise. The following table and summary of client services illustrates the experience of key personnel and their corresponding services provided to municipal clients. Services Team Member Joe Bellomo Emilio Murga Johnny Ghazal Kelsey Reed Mayra Martinez Kayla Urbina Mohammad Samiee Land Development Experience    Onsite Staff Augmentation      Experience Managing Client Personnel    NPDES Program Management    Full MCM Implementation     Development Plan Review Services     Regional BMP Development Opportunities   Industrial/Commercial Stormwater Inspections      Trash TMDL Compliance      Construction Site Inspection      Post Construction WQMP Related Inspections            Packet Pg. 1165 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 8 Organizational Chart Below is an organizational chart that highlights the services that will be provided. The three staff members whose names in bold and blue font are the onsite contacts available for day-to-day support.       Packet Pg. 1166 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 9 Availability Team Member Title Onsite Availability Per Week Availability Per Week Land Development Personnel Joe Bellomo Project Manager 10 hours 25% Emilio Murga City Engineer 30 hours 75% Johnny Ghazal Senior Engineer 5 hours 20% NPDES Personnel Kelsey Reed Environmental Analyst III 20%* Mayra Martinez Environmental Analyst II 20%* Kayla Urbina Environmental Analyst I 16 hours 40% Chris Stone Project Manager III 15%* Mohammad Samiee, PE, QSD Inspector 15%* *Variable work week with minimal high priority assignments that could have a greater availability if needed.       Packet Pg. 1167 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 10 Relevant Experience We encourage the City to contact the references listed below; they are clients that have received similar services as those we are proposing to provide to the City of San Bernardino. City of San Fernando 117 MacNeil Street San Fernando, CA ZIP Contact: Mr. Matthew Baumgardner Public Works Director (818) 898-1237, mbaumgardner@sfcity.org Dates: May 2012 – Current Staff: Joe Bellomo, Emilio De Murga, Kelsey Reed, Mayra Martinez, Kayla Urbina Total Cost: $300,000 Annually Services Provided Onsite City Engineering/Land Development, NPDES Program Management, Inspection City of Fillmore 250 Central Avenue Fillmore, CA 93015 Contact: Mr. David Rowlands City Manager (805) 524-1500 ext. 209, drowlands@ci.fillmore.ca.us Dates: September 2017 – Current Staff: Joe Bellomo, Kelsey Reed, Mayra Martinez, Kayla Urbina Total Cost: $4.2 Million through 6/30/2023 Services Provided Onsite City Engineering/Land Development, NPDES Program Management, Inspection City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Contact: Mr. Rob de Geus City Manager (818)706-1613, rob@wlv.org Dates: July 2006 – Current Staff: Joe Bellomo, Kelsey Reed, Mayra Martinez, Kayla Urbina Total Cost: $800,000 Annually Services Provided Onsite City Engineering/Land Development, NPDES Program Management, Inspection       Packet Pg. 1168 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 11 Fee Proposal Willdan Engineering February 10, 2023 Land Development and NPDES Program Management Services These services shall be compensated based on the current applicable Willdan Engineering hourly rates per the attached respective schedules of hourly rates that will be held unchanged for the 3-year duration of the contract. The following modifications to the standard fee schedule will be applied to specific key staff positions when performing the routine or on-site land development services and NPDES Program Management related services only: Reduced Hourly Rates Principal Project Manager – Joe Bellomo, PE, QSD/P ................................ $200.00 City Engineer – Emilio De Murga, PE ......................................................... $175.00 Project Manager – Johnny Ghazal, PE, QSD/P ........................................... $118.00 Environmental Analyst III – Kelsey Reed, CESSWI, QSP, HAZWOPER ........ $145.00 Environmental Analyst II – Mayra Martinez .............................................. $140.00 Sr. Public Works Observer I – Mohammad Samiee, PE, QSD .................... $110.00 Special engineering and NPDES program assignments such as capital projects design, special studies and public works projects that are in addition to the onsite staffing and NPDES program management will utilize the standard hourly rate schedules on a following page. For these special assignments, Willdan will submit a work plan to the City for approval describing the scope of work, technical approach, proposed budget, and schedule. Upon approval from the City, Willdan will start work on these projects. Annual Estimate for Land Development Management Services For the City’s consideration, Willdan proposes meeting the demand for this item with 40 hours per week of onsite staffing. Our plan is to cover Monday through Friday by providing Mr. De Murga three 10-hour days, Mr. Ghazal one 5-hour day, and Mr. Bellomo one 5-hour day, per week. Based on the reduced rates listed above, we are recommending an annual amount not-to-exceed total for this service of $410,000. Annual Estimate for NPDES Program Management Services For the City’s consideration, Willdan proposes an annual budget of $160,000 to fully manage the City’s NPDES Program based on current Municipal NPDES Permit as well as the reduced rates listed above and the following table.       Packet Pg. 1169 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 12       Packet Pg. 1170 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 13       Packet Pg. 1171 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 14 Resumes of Key Staff       Packet Pg. 1172 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 15 Joseph E. Bellomo, PE, QSD/P Principal Project Manager Education:  BS, Civil Engineering, California State University, Los Angeles Registration/ Certification:  Civil Engineer, CA No. 75564  Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No. 20016 Experience: 25 Years Mr. Joe Bellomo, prior to joining Willdan, worked in the Department of Health Services for the County of Los Angeles as the Senior Environmental Health Technician for the Bureau of District Environmental Services (DES). The Bureau of DES is responsible for managing impacts to public health at commercial food facilities and housing in Los Angeles County. During his time in DES, Mr. Bellomo transitioned from conducting inspections in the field to administrative responsibilities under the direct supervision of the Bureau Director as the County began the restaurant grading program and reformation of food facility inspections. In January 2004, Mr. Bellomo joined Willdan as a Civil Engineer to work on various aspects of storm water and city engineering. Since his start with the firm, Joe has used his experience and knowledge of the State and Federal National Pollutant Discharge Elimination Systems (NPDES) program to manage compliance for many of Willdan’s clients. The majority of Willdan’s NPDES related clients rely on Joe for full NPDES permit and Total Maximum Daily Load (TMDL) program management services, formally or otherwise. This typically includes the preparation of fiscal year budgets, reports, and presentations to city staff and city council, preparation of annual reports and presentations to regulators; development and management of service contracts, multiagency agreements, and compliance programs; coordination with watershed partners, regulators and non-governmental organizations; and at times managing city service personnel. As a result, Willdan has a comprehensive understanding of NPDES Permit requirements and the best approach to implementation. Mr. Bellomo currently serves as the Deputy City Engineer in Westlake Village and Fillmore, and currently manages a team solely dedicated to providing NPDES compliance services to Willdan clientele. Summary of Experience Staff Augmentation/NPDES/Construction Management/Federal Compliance, City of Fillmore, CA. Mr. Bellomo served as the Deputy City Engineer and was responsible for the implementation of the Capital Improvement Projects, compliance with various regulatory requirements associated with the NPDES program, water and wastewater, parks, and other infrastructure. Mr. Bellomo has managed two rounds of I/C inspections for the City. Services include federal compliance on four project packages of federally funded construction projects. The scope of work includes constructability review of existing construction plan sets, coordination of required design updates to the PS&E, advertise and award the construction contract, provide construction management and varying levels of construction inspection, coordination of multiple stakeholder groups for each project, and full administration of federal funding processing for projects at various stages of approval to secure funds, ensure federal compliance during construction, and invoice Caltrans for reimbursement of funds. City Engineering and Storm Water Program Management, City of Westlake Village, CA. Mr. Bellomo currently serves as the City’s Deputy City Engineer, however began working for the City in 2004 and served as its Storm Water Program Manager from 2008 through 2018. He has been responsible for providing the City municipal and construction NPDES program management, grant application and contract management, NPDES staff training, program evaluation and reporting, community presentations, staff reports, and budget reports; formalizing multi-agency watershed agreements, compliance with watershed TMDLs, and served as the chair of the Malibu Creek Watershed Management Committee for the past nine years. During this period, Joe has managed six rounds of I/C inspections for the City. Mr. Bellomo served as one of four members that represented the LA Permit Group, a group that comprised of approximately 61 cities in Los Angeles County, in the negotiation of the 2012 Municipal Separate Storm Sewer System (MS4) Permit. This Permit introduced       Packet Pg. 1173 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 16 the concept of compliance with water quality standards and limits through the development and implementation of watershed management planning. This compliance strategy has since been used by other Regional Boards throughout California, as well as other similar regulatory agencies in other states. While serving as the Stormwater Program Manager for Westlake Village, Mr. Bellomo represented the City’s interest with active participation in various Countywide funding programs such as the Integrated Regional Water Management Plan (IRWMP) where Mr. Bellomo currently serves as the first alternate to the Chair of the North Santa Monica Bay Sub-Regional Steering Committee and representative to the Greater Los Angeles County Regional IRWMP Leadership Committee; alternate to the Executive Director of the Las Virgenes- Malibu Council of Governments seat on the Safe, Clean Water Stakeholder Advisory Committee that’s responsible for the development of Measure W; and served in technical groups such as the Los Angeles Permit Group, the Watershed Management Modeling System Advisory Committee. His active participation beyond the City’s boundaries ensures the best decisions and outcomes are made for the City. Water Quality/ NPDES Compliance Services, City of San Fernando, CA. Project Manager. Willdan implements the City's Enhanced Watershed Management Plan, Coordinated Integrated Watershed Management Plan, and NPDES permits. We attended meetings on behalf of the client and provided document review. Willdan was support staff with City Council report and presentations. Willdan also conducted as needed briefings to the public, city staff, and City Council. Stormwater Program Manager, City of Canyon Lake, CA. Project Manager. Willdan is responsible for full compliance with the Municipal NPDES Permit, Total Maximum Daily Loads (TMDLs) in the Lake Elsinore and Canyon Lake Watershed, as well as other NPDES regulations. Duties include developing a stormwater pollution prevention plan (SWPPP) and Low Impact Develop plans for City projects, review and conditioning private development plans, review and approval of WQMPs, developing and implementing special monitoring studies to evaluate the City’s drainage and contribution relative to TMDLs for downstream waterbodies, and developing storm water treatment approaches. Water Quality Services, City of La Cañada Flintridge, CA. Project Manager. Willdan implements the City's Enhanced Watershed Management Plan, Coordinated Integrated Watershed Management Plan, and NPDES Program Management and is the representative to the Upper Los Angeles River Enhanced Watershed Management Program Group. We attended meetings on behalf of the client, documented review and were support staff with City Council report and presentations. Willdan also conducted as needed briefings to the public, city staff, and City Council. Water Quality Consultant Services, City of Hidden Hills, CA. Project Manager. Willdan is responsible for full compliance with the Municipal NPDES Permit, Total Maximum Daily Loads (TMDLs) in the Los Angeles River Watershed and Malibu Creek Watershed, as well as other NPDES regulations. Duties include developing a stormwater pollution prevention plan (SWPPP) and Low Impact Develop plans for City projects, review private development plans, developing and implementing special monitoring studies to evaluate the City’s drainage and contribution relative to TMDLs for downstream waterbodies, and developing storm water treatment approaches.       Packet Pg. 1174 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 17 Emilio Murga, PE City Engineer Education:  California State University, Northridge  LA Valley Junior College Registration/ Certification:  Civil Engineer, CA No. 54420 Experience: 34 Years Mr. Emilio M. Murga joined Willdan in 2001 and has since provided project management, contract administration, supervision of public works inspectors and City staff, coordination of various agencies and consultants, and city engineering services to the Cities of Lawndale, Covina, San Marino, Hawaiian Gardens, San Fernando, San Bernardino, and West Covina on an as-needed basis. He has assisted the City Engineer of the Cities of South Gate, Bell Gardens, Maywood, and Inglewood on various projects, including implementing and administering the design and construction of various capital improvement projects. Mr. Murga is fluent in the Spanish language. Summary of Experience Development Review Services, Cities of Inglewood, Lynwood, and South Gate, California. Mr. Murga provides development review services for these cities which includes the following:  Prepare Public Works development conditions (offsite improvements, traffic, street lighting, water, sewer, drainage, storm drains, NPDES, subdivision requirements, etc.). Issue public works permits to private development and utility companies. Provide public works inspections for offsite improvements and others.  Close out public works permits and development projects. Ascertain public works development conditions are met and completed.  Review of development projects from initial proposals to final plans, parcel maps, tract maps, site plan reviews, etc. Process parcel maps and tract maps, prepare conditions, coordinate with developers and private engineers.  Attend Planning Commission and City Council meetings to explain public works development conditions. Coordinate with the Community Development Department, Fire Department, Police Department, City of Utilities, utility companies, and other City departments, etc.  Review required engineering studies (drainage, traffic, parking, soils, etc.).  Provide coordination with City utilities and utility companies. Consulting City Engineer, City of San Fernando, California. Mr. Murga provides city engineering services and project manager services to include preparation of offsite improvements and development conditions, review and process lot line/lot mergers, parcel and tract maps, review and process street vacations and right-of-way dedications, provide engineering construction management for CIP projects and private developments, coordination with CIP granting agencies and utilities. Consulting City Engineer, City of West Covina, California. Mr. Murga coordinated engineering development activities, processed parcel and tract maps, offsite improvements, and conditions, coordinated the design and construction of CIP projects, coordinated Public Works maintenance activities, traffic engineering tasks, reviewed/process 56-unit condo. Development on Sunset Ave., Porto’s Bakery and Café development project.       Packet Pg. 1175 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 18 Consulting City Engineer, City of San Bernardino, California. Mr. Murga coordinated CIP projects, public works inspection activities, assessment districts, engineering traffic matters, development activities, including site plan reviews, and grading plans. City Engineering Services City of Lynwood, California. Mr. Murga’s extensive public works experience was gained during his tenure with the City of Lynwood, a City with a population of 80,000, where he served as the Director of Public Works for 8 years and 4 years as Assistant Director of Public Works. He also held the positions of Assistant and Associate Civil Engineer for 6 years while with that City. Mr. Murga was employed with City of Lynwood for two tenures. First tenure, From September 1980 to April 1998. Second tenure, May 2013 to November 2014. Retired from City of Lynwood November 2014. Assistant City Engineer, City of South Gate, California. Mr. Murga oversaw the Engineering Division, CIP program and a staff of eight engineers, support staff and public works inspector. Responsible for implementation of $40 million CIP program, preparation of RFPs for consultant selection for design, construction engineering and inspection. Overseeing the preparation of designs by consultants and staff. Preparation of City Council reports, resolutions and ordinances, coordination with the City Attorney’s office. Preparation of site plan reviews, parcel maps and development conditions. Subdivision process, attend Planning Commission meetings to explain and answer questions regarding public works conditions. Oversee the issuance of public works conditions and permits, inspection of private, utility, and public improvements. Oversee the City’s NPDES program, coordinate with City’s NPDES consultant. Prepare and coordinate applications by staff and consultants of various Federal and State grants (Call for Projects, EDA, HSIP, etc.). Oversee department’s budget, prepare CIP annual budget, prepare multi-year CIP program. Aid on engineering matters to other City Departments. Prepare employee evaluations and address personnel issues, interview and hire employee replacements. Prepare annual Street Lighting and Landscape Assessment District. Update annual public works fee schedule. Review EIR/EIS for the I-710 Fwy. Project. Review various traffic and residents’ complaints and request, proposed solutions and recommendations. Coordinate with Caltrans, Metro, LACDPW, Los Angeles County Sanitation District, UPRR, Central Basin Water District, etc. Involved on the following CIP projects: Firestone Boulevard/Atlantic Avenue Project, $8 million; Firestone Boulevard/I-710 Fwy. Bridge Widening, $14 million; Water and Sewer Improvements Project, $5 million; Safe Route to School, Cycles 1, 2, 8 and 9; $3 million; Park Improvements Project, $4 million; Firestone Beautification Project, $15 million; LED Street Lighting Conversion Project, $3 million; Traffic Signal Improvement Project, $2 million. Engineering Services - City Engineer, City of Lawndale, California. Mr. Murga served as City Engineer and acting Director of Public Works during the Director’s absence. The assignment involved implementing capital improvement projects, issuing Request for Proposals (RFPs) for various consultant services, supervising public works inspections, implementing CDBG projects, supervising the Department of Public Works, handling the Traffic Committee, attending City Council meetings, City Manager’s staff meeting, managing department budget, and expenditures, coordinating with other City departments, coordinating development, public works improvements, addressing citizens’ complaints, implementing NPDES procedures, etc. Mr. Murga currently serves the City as Project Manager for the City’s Capital Improvement Program. Engineering Services - City Engineer, City of San Marino, California. Mr. Murga was responsible for providing city engineering services to the City. Mr. Murga’s responsibilities included preparation of CIP program; advising City of funding/grant opportunities; preparation of RFPs for various services; assisting with project coordination and inspections; approve CIP progress payments; aid related to Subdivision Map Act; review and approve grading plans.       Packet Pg. 1176 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 19 Johnny Ghazal, PE, QSD/P Civil Plan Review Education:  BS, Civil Engineering, California Polytechnic State University, Pomona Registration/ Certification:  Civil Engineer, CA No. 76395  Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No.00849 Experience: 18 Years Mr. Johnny Ghazal is a Project Manager at Willdan with over 18 years of diversified civil engineering experience throughout California covering public works and private sector projects. His private sector experience includes the design of master planned communities involving the preparation of tentative tract maps, grading plans, improvement plans for streets, water & sewer, and storm drain facilities. Mr. Ghazal's public sector experience includes the design of capital improvement projects for various County and City jurisdictions involving street & storm drain improvements, plan review services, and City engineering services. Mr. Ghazal has assisted many jurisdictions with NPDES related compliance efforts involving preparation and review of stormwater permit documents and inspection as it relates to both MS4 and Construction General Permit requirements. Summary of Experience Civil Plan Check Services. Mr. Ghazal provides plan check services for multiple jurisdictions throughout California. He is responsible for reviewing both private developer and capital improvement projects. Current and recent review services include Grading & Erosion Control Plans, Storm Drain Plans, Drainage Studies, Water & Sewer Improvement Plans, Street Improvement Plans, and Water Quality Management Plans (WQMP) for the following agencies:  City of Fontana  City of La Quinta  City of Grand Terrace  City of Rialto  City of Moreno Valley  City of Lake Elsinore  City of San Bernardino  City of Highland  City of Loma Linda  March Joint Powers Authority  San Bernardino Associated Governments  County of San Bernardino  Morongo Band of Mission Indians City Engineering Services, City of Grand Terrace. Mr. Ghazal served as Consulting City Engineer having responsibilities for planning level reviews for conditions of approval, development plan reviews of private projects, and review of capital project improvement plans. Mr. Ghazal worked closely with the City's public works director on capital Improvement projects with responsibilities including preparation and issuance of RFP’s, bidding assistance and project management for street improvements throughout the City. Mr. Ghazal also assisted the City with their municipal NPDES compliance efforts. On-Call Construction Management and Permit Support, Watershed Conservation Authority, California. As the civil design lead for stormwater compliance on various park projects, Mr. Ghazal was responsible for preparing Erosion and Sediment Control Plans (ESCP) per Los Angeles County requirements and preparation of Storm Water Pollution Prevention Plans (SWPPP) for compliance with the State’s Construction General Permit. Services also included onsite inspections and submittal of permit documents (SWPPP annual reports, Notice of Terminations) into California’s SMARTS system.       Packet Pg. 1177 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 20 Chris O. Stone, PE Project Manager II/Civil Plan Review Education:  Graduate Course, Mathematics, Oregon State University  Graduate Course, Engineering Mechanics, Montana State University  BS, Civil Engineering, Montana State University Registration/ Certification:  Civil Engineer, Nevada No. 12379  Civil Engineer, Arizona, No. 55200 Experience: 15 Years Mr. Chris Stone possesses expertise in transportation and traffic engineering, street and roadway engineering, water and wastewater engineering, flood control hydrologic and hydraulic engineering, tract map and parcel mapping, grading, and structural engineering. He has participated in all technical aspects of projects, including preliminary engineering study and design; preparation of plans, specifications, and estimates; and peer review. His managerial experience includes client relations, project pursuit, proposal preparation, project technical and budgetary control, and invoicing. Summary of Experience Engineering Plan Review, Various, CA. Project Engineer responsible for reviewing engineering plans and documents submitted by developers to the Agency for plan review. Documents reviewed have included grading plans, rough grading plans, erosion control plans, drainage reports, Low Impact Development (LID) reports, storm drain plans, stormwater pump station design plans, street improvement plans, sanitary sewer plans, sanitary sewer area studies, water distribution plans, and encroachment permit applications. The documents are reviewed for conformance with City standards supplemented by the Standard Plans and Specifications for Public Works Construction (Green Book) and Caltrans Standard Plans. Reviews have been completed in both hard copy and electronic formats. Comments are returned to the applicant as redlined plan comments and in a plan review comment document. Subsequent reviews are performed to ensure that corrective actions have been performed by the applicant to adequately address the comments. When completed, the documents are stamped as “approved” and returned to the City. Reviews have been performed in the past 2 years for the following Southern California agencies:  Bell  Brea  Cerritos  El Monte  Fillmore  La Canada Flintridge  La Quinta  Los Alamitos  Manhattan Beach  Goleta  Rolling Hills Estates  Rosemead  San Bernardino County  Rolling Hill  Simi Valley  Ventura  West Covina  Paramount Mall Plan Check Services, City of Manhattan Beach, CA. Project Engineer. Willdan is the project manager providing Plan Check and Inspection Services for the Manhattan Beach Mall Expansion Project that involves all disciplines from Building and Safety, Planning, Civil and Geotech. Coordination is made through City staff and Willdan reviewers, as well as close coordination with the development team. There are weekly meetings, and all conditions of approval are reviewed for completion. Alameda Landing Plan Check, City of Alameda, CA. Project Manager. Performed plan checks for grading, street, drainage, and water quality. The project is on the former Alameda Naval Air Station and is a mixed-use project to include commercial and residential components. The development agreement required extensive infrastructure improvements to support the project. All major components of public infrastructure including water, wastewater, electrical, gas, storm drainage, stormwater treatment, roadway, and traffic facilities were involved. Responsibilities included site visits; technical review of models, studies, improvement plans and detailed drawings for compliance with city, district, state, and Federal standards and criteria; assuring that the intent of studies are fulfilled in design and represented by design submittal; providing timely comments and recommendations for corrective actions through a Plan Review Memo; meeting with developers and consultants to clarify requirements; and reviewing re- submittals to ensure that corrective actions are undertaken. The entire review process was conducted utilizing a proprietary electronic plan review system.       Packet Pg. 1178 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 21 Kelsey Reed, CESSWI, QSP, HAZWOPER Environmental Analyst III Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration/ Certification:  Qualified Stormwater Practitioner, California Stormwater Quality Association No. 25680  Certified Erosion, Sediment and Storm Water Inspector, EnviroCert International, Inc. No. 4574  Rainwater/Stormwater Post-Construction BMP Inspection & Maintenance Certification  Certified Hazardous Waste Operations and Emergency Response (HAZWOPER) Experience: 8 Years Ms. Kelsey Reed has stormwater and public agency experience working for Willdan Engineering and previously for the City of Camarillo. Ms. Reed now works with a variety of clients, assisting with stormwater compliance services that vary from site inspections and illicit discharge response to funding assistance and council report development. Summary of Experience NPDES/City Engineering Services, City of Westlake Village, CA. Ms. Reed has served as the City’s Stormwater Program Manager for over four years. As an offsite extension of City staff, Ms. Reed ensures the City is in compliance with the various minimum control measures of the MS4 Permit. This includes construction site BMP inspections, illicit discharge response and resolution, annual training, public outreach, and commercial and industrial site inspections. In addition to MS4 Permit compliance, Ms. Reed actively represents the City’s interests at various stormwater meetings, such as the Malibu Creek Watershed EWMP Group, and provides careful reviews of watershed and regulatory documents. Ms. Reed played an active role in the review and comment of multiple drafts of the Regional MS4 Permit and ensured the City was informed during the process. With the passage of Measure W in 2018, Ms. Reed ensured the City was prepared to receive municipal return funds, including the development of annual plans and council reports. Additionally, Ms. Reed continues to provide MS4 Permit annual reporting services to the City, including the review and comment of the Malibu Creek Watershed EWMP Watershed Annual Report. NPDES/EWMP Consulting Services, City of San Fernando, CA. Ms. Reed has played an active role MS4 Permit compliance support staff to the City. She routinely provides NSW outfall screening and source identification, annual report preparation, public outreach, and annual City staff training. Additionally, Ms. Reed represents the City’s interests in the Upper Los Angeles River Watershed EWMP Group and the Los Angeles Permit Group. During the Regional MS4 Permit adoption process, Ms. Reed provided a thorough review of the working and tentative drafts and provided comments on behalf of the City. Ms. Reed previously assisted with the City's Proposition 1 application for the San Fernando Regional Park project that provided $450,000 in design funds. Stormwater Program Management, City of Agoura Hills, CA. Ms. Reed has been responsible for as-needed assistance with MS4 Permit compliance. This includes NSW outfall screening, commercial facility inspections, construction site BMP inspections, and annual reporting. Additionally, Ms. Reed keeps the City informed of critical stormwater regulatory and watershed-based developments and represents the City’s interests as-needed at various stormwater meetings. City Engineering and Support NPDES Services, City of La Puente, CA. Ms. Reed provides as-needed stormwater compliance services to the City. this includes compliance with MS4 Permit and reporting requirements. Ms. Reed helped to develop the City’s response to the 13383 letter to address the State Trash Policy and provides assistance with Measure W obligations. When requested, Ms. Reed provides City representation at the Upper San Gabriel River EWMP Group and other various meetings.       Packet Pg. 1179 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 22 Stormwater Program Management, City of Fillmore, CA. Ms. Reed provides partial MS4 Permit compliance services to the City. This includes commercial and industrial inspections, annual staff training, annual reporting services. Ms. Reed represents the city’s interests in the Ventura County Stormwater Management Committee and Santa Clara River Watershed Group and updates staff of critical information and deadlines as it pertains to the groups. With the recent adoption of the Regional MS4 Permit, Ms. Reed has attended various meetings regarding the possibility of watershed management program (WMP) development; she provides key information to the City that will help guide the City to make the critical decision to join a WMP or not. NPDES/Water Quality Consultant Services, City of Hidden Hills, CA. Ms. Reed has supported the City with MS4 Permit compliance for over 6 years. Her duties have varied from annual report preparation to compliance with minimum control measures. She annually helps the City demonstrate compliance with the LA River Trash TMDL through the implementation of a daily generation rate study. She additionally provides NSW outfall screening and source identification, illicit discharge response, and construction site inspections. Ms. Reed has served as an advocate for the City in various stormwater groups and meetings, such as the LA Permit Group, ULAR and MCW EWMP Groups, and funding committees.       Packet Pg. 1180 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 23 Mayra Martinez Environmental Analyst II Education:  BS, Environmental Science and Resource Management, California State University, Channel Islands Registration:  American Red Cross First Aid/CPR/AED Experience: 7 Years Ms. Mayra Martinez has previously worked for a consulting firm and local government agencies where she provided support on sustainable practices including best management practices for agriculture in Ventura County. In the last year, Ms. Martinez has focused her expertise to water quality and conservation, joining Willdan in February 2020 to work primarily on stormwater quality compliance. Relevant Experience NPDES Consulting Services, City of San Fernando, CA. Ms. Martinez has played an active role in ensuring NPDES Permit compliance to the City. She has assisted with implementation of the NPDES Permit, watershed program, and monitoring program. She has performed various non-stormwater outfall inspections, public outreach, and provides annual staff training on the Planning and Land Development Program, Construction Development Program, and Illicit Discharge Program requirements of the MS4 Permit. She has also supported the trash daily generation rate study, to demonstrate compliance with the Los Angeles River Trash TMDL. Ms. Martinez also represents the City’s interest in the Upper Los Angeles River Watershed Group and attends meetings on the City’s behalf, provides report and document review and comment, and updates the City on critical deadlines, milestones, and required actions. NPDES Consulting Services, City of La Cañada Flintridge, CA. Ms. Martinez has actively supported the City’s stormwater program by actively ensuring NPDES Permit compliance to the City. She has assisted with the implementation of the Upper Los Angeles River watershed and monitoring program and the MS4 Permit. Ms. Martinez has performed non-stormwater outfall inspections and provides annual staff training on NPDES required minimum control measures. In addition, she has also attended meetings on behalf of the City and provides review and comment of documents related to the City’s watershed program and Los Angeles Regional Water Quality Control Board. Ms. Martinez reports to the City on critical material and timeframes to ensure all work is complete and deadlines are met. NPDES Consulting Services, City of Hidden Hills, CA. Ms. Martinez has provided support to the City to ensure MS4 Permit compliance. She has performed pre and post rain event construction site BMP inspections, non-stormwater outfall screening, and illicit discharge investigations. She has also prepared annual staff training on MS4 Permit related material, as applicable to the City. In addition to MS4 compliance, Ms. Martinez has represented the City’s interest in the Upper Los Angeles River and Malibu Creek watershed groups and provides review and comment of related material on the City’s behalf. NPDES Consulting Services, City of Westlake Village, CA. Ms. Martinez has actively supported the City’s MS4 Permit compliance efforts over the past two years. She has ensured the City is in compliance with the various minimum control measures of the MS4 Permit. This includes construction site BMP inspections, non-stormwater inspections, illicit discharge investigations, and annual staff training. In addition, Ms. Martinez supports the City’s watershed program and monitoring program and provides review and comment of watershed program material on behalf of the City. Ms. Martinez reports directly to City staff to provide updates on meetings, reports, and documents and maintains an open line of communication to ensure all deadlines are met.       Packet Pg. 1181 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 24 Kayla Urbina, EIT Environmental Analyst I Education:  BS, Environmental Engineering, University of Southern California Registration:  American Red Cross First Aid/CPR/AED  California Engineer-in-Training (EIT) No. 176660 Experience: 2 Years Ms. Kayla Urbina joined Willdan in 2022 to work primarily as onsite contract staff for the City of San Fernando and assists the NPDES team with stormwater compliance services. Prior to her experience at Willdan, she worked as an intern for the City of San Fernando’s Public Works Department and as a Civil and Environmental Engineering Department grader while completing her degree. Relevant Experience NPDES Consulting Services, City of San Fernando, CA. Ms. Urbina has played an active role in ensuring NPDES Permit compliance to the City. She has assisted with implementation of the NPDES Permit, conducts non-stormwater outfall inspections, conducts public outreach for upcoming city projects and potential grant opportunities, and performs routine construction inspections for the San Fernando Regional Park Infiltration Project, a ULAR EWMP Regional Project. She also represents the City’s interest in the Upper Los Angeles River Watershed Group and attends meetings on the City’s behalf such as the Los Angeles Permit Group Meeting, and MS4 related workshops. Additionally, Ms. Urbina provides administration assistance to the City of San Fernando Public Works Department including composing engineer’s reports and coordinating with contractor and inspector for Pico Street Improvement Project and collaborated with consultants to ensure preparation of bid package is on schedule for Glenoaks Bridge Pedestrian Fencing Project. Perform field checks and research traffic calming measures for Safe Routes to School Project (Cycles 1 & 2). NPDES Consulting Services, City of La Cañada Flintridge, CA. Ms. Urbina assists the City with stormwater compliance. She has performed non-stormwater outfall inspections, attended meetings on behalf of the City, and has assisted in the development of the City’s NPDES annual report. NPDES Consulting Services, City of Hidden Hills, CA. Ms. Urbina assists the City with implementation of the NPDES Permit. She has attended meetings on behalf of the City, and has assisted in the development of the City’s NPDES annual report. NPDES Consulting Services, City of Canyon Lake, CA. Ms. Urbina has actively supported the City’s efforts towards MS4 Permit compliance over the past year. She has represented the City’s interests in watershed groups such as the Lake Elsinore/Canyon Lake TMDL Task Force and provides review and comment of related material on the City’s behalf. She has also assisted the City with completion of annual reporting required by state and federal regulations.       Packet Pg. 1182 City of San Bernardino Proposal for Land Development and NPDES Management Services Page | 25 Mohammad Samiee, PE, QSD Construction Manager/Public Works Observation Profile Summary Education:  MS,Computer Science, West Coast University, Los Angeles, California  BS, Civil Engineering, California State Polytechnic University at Pomona Registration:  American Red Cross First Aid/CPR/AED  Civil Engineer, California, No. 46172  Registered QSD, California Experience: 28 Years Mohammad E. Samiee, PE, has more than 28 years of engineering experience including field engineering, management and operations, contract administration. In addition to public works and infrastructure projects. Mohammad has also supervised and reviewed geotechnical and grading reports, including preliminary geotechnical studies for residential and commercial buildings such as level and hillside projects, drilling, sampling, continuous logging laboratory testing and analysis of collected field and office data. His duties have included verification of bottom of excavations prior to fill replacement; grading inspection; identifying groundwater; unstable slopes, faults, ground substance and collapse; flood plain; and regional seismicity with adverse impact to the project, as well as preparation of geotechnical reports with conclusions and recommendations. Relevant Experience San Bernardino Plan and Project Review, City of San Bernardino, California. Assistant Construction Manager. Willdan reviews private developer projects spanning both on-site and off-site improvements. Review services cover Final Parcel and Tract Maps, lot line adjustments, grading & erosion control plans, storm drain plans, hydrology, water & sewer improvement plans, street improvement plans, signing & striping plans, traffic signal plans, storm water pollution prevention plans (SWPPP), and water quality management plans (WQMP). On-Call Public Works Services, City of Rialto, California. Assistant Construction Manager. Willdan was responsible for providing construction support services on various city projects during construction, including the Community Resource Center Project. This project involved the installation of ADA accessible pedestrian entrance ramps, an ADA-compliant path of travel, and adjacent parking lot improvements. Total construction cost was approximately $85,000. County of Los Angeles Department of Public Works, On-Call Resident Engineer, Construction Inspection and Welding Inspection Services, Los Angeles, CA. Resident Engineer. Providing construction inspection, resident engineer, and welding inspection services to the County of Los Angeles on an as-needed basis, His responsibilities include construction inspection, oversight, and enforcement of compliance with contract documents for construction of various department roads, sewers, water, traffic signals and flood control projects. Mohammad is responsible for bridge construction, rehabilitation, widening or seismic retrofit; dam rehabilitation; storm drain and sewage pump plant construction or rehabilitation; major road reconstruction; construction of major storm drain systems; and other public works projects. His duties include preparing and processing change orders, daily logs and working statements; collecting work records; maintaining accurate records of work completed for payment purposes; conducting employee interviews; preparing as- built plans; and performing other associated contract administration tasks. County of Los Angeles, Federal Emergency Management Agency (FEMA) Road Storm Damage Repair Project, Tuna Canyon Road, Malibu, CA. Resident Engineer. For a project which involved storm damage repair for a portion of Tuna Canyon Road, Mohammad was responsible for management and control during construction of a large retaining wall with texture using tiebacks, caissons/grade beam system to support the road. His duties also included coordination of the project with the County of Los Angeles and performing quality assurance inspection.       Packet Pg. 1183 650 E. Hospitality Lane, Suite 400 San Bernardino, CA 92408-3586 909.386.0200 | 800.789.7517 | Fax: 909.888.5107 www.willdan.com       Packet Pg. 1184 Proposal Land Development and NPDES Program Management Services Submitted To City of SAN BERNARDINO Office: 201 North E Street, 2nd floor Mail: 290 North D Street San Bernardino, CA 92401 Attn.: Susan Pan, P.E., QSD/QSP Acting Deputy Public Works Dir./City Eng. Submitted via email: to: Pan_Su@sbcity.org cc: Hernandez_Da@sbcity.org Submitted By TRANSTECH Engineers, Inc. Contact Person for this Proposal: Ali Cayir, PE, Principal E: ali.cayir@transtech.org E: rfp@transtech.org C: 714-883-867       Packet Pg. 1185 About Transtech Video Highlight: CLICK HERE www.transtech.org 855.595.2495 (toll-free) February 10, 2023 City of SAN BERNARDINO 201 North E Street, 2nd floor; San Bernardino, CA 92401 Submitted via email: to: Pan_Su@sbcity.org; cc: Hernandez_Da@sbcity.org Attn.: Susan Pan, P.E., QSD/QSP, Acting Deputy Public Works Director/City Engineer Proposal, Land Development and NPDES Program Management Services Dear Ms. Pan: Transtech is pleased to submit this Proposal for the subject services. This Cover Letter provides an executive summary of our qualifications relevant to the services requested. Company Profile: Established in 1989, Transtech (a California Corporation) has been in business for 33 years and provides municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel. Our service capabilities include: • Building & Safety Services, Building Official Building Inspection, Plan Check • Civil Engineering, • Staff Augmentation • CIP Program Management • Construction Management and Inspection • Federally Funded Project Management • Grant Writing • CDBG Project Management • City Engineer, City Traffic Engineer, Development Review, Public Works Engineering, Plan Check, Inspection • Labor Compliance • Planning Support • Traffic and Transportation Planning and Eng • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Eng • Emergency, Support Services One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. We serve as Building Official, Building Plans Examiner, Building Inspector, Permit Technician, City Engineer, City Traffic Engineer, Map/Plan Checker, Public Works/Permit Inspector, CIP Manager, Construction Manager, Construction Inspector, Designer, Federally Funded Project Manager and in other capacities for a number of public agencies. Several of our staff members have worked for public agencies, including local cities and Caltrans. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. Transtech’s Plan Check and Inspection Capacity in numbers: • We maintain and manage 25 electronic plan submittal portals. • In 2022, we received and processed approximately 13,000 project applications, reviewed 96,000 documents and performed 15,000 inspections. Proposed Lead Staff Person for this Project- Michael Ackerman, PE, QSD, QSP, QISP: Following is a summary of his qualifications: Mr. Ackerman has over 25 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. He managed Engineering and CIP, attended and coordinated with COG Regional Transportation Planning, GWMA Gateway Water Management Association, and Los Angeles Upper Reach 2 Storm Water Management Group. Mr. Ackerman prior experience includes working for the City of San Bernardino. He was involved in many projects including Development Review and Plan Check, design and review of Street Improvement Plans, Rough and Precise Grading Plans, Sewer Plans, Storm Drain Plans, Street Lighting Plans, Storm Water Pollution Prevention Plans, Water       Packet Pg. 1186 February 10, 2023 City of SAN BERNARDINO Attn.: Susan Pan, P.E., QSD/QSP, Acting Deputy Public Works Director/City Engineer Page 2 www.transtech.org 855.595.2495 (toll-free) Proposal, Land Development and NPDES Program Management Services Quality Management Plans, Geotechnical Reports, and Hydrology/Hydraulic Studies, land development, industrial, commercial, residential, and transportation development projects including Tract and Parcel Maps. He also directed and performed plan check of improvement plans submitted by developers to the City. Also, he represented the City of San Bernardino at the South Tehachapi Management Team meetings, coordinated with San Bernardino County Flood Control and FEMA for the certification of City levees and updating of the Flood Insurance Rate Maps (FIRM), and oversaw permitting and tracking of Land Development Projects through the Division of Public Works/Engineering. In addition, Mr. Ackerman has worked intimately with Planning and Building and Safety Divisions on Land Development Projects. His experience also includes working for Caltrans, District 8 as a civil transportation engineer where he was involved in the design and construction of various projects. Service Approach/Summary: Initial Service Analysis: Initial Service Analysis: If selected by the City, Transtech will conduct a review of existing process, and perform an operational, service and quality assessment and efficiency. Based on this review, we will provide any recommendations we may have for any improvements in service quality, efficiency, and effectiveness. Process Streamlining: • Identify and remove any barriers that may exist in order to effective and efficient delivery of services to the public. • Improve by modifying or restructuring the day-to-day operations to eliminate, or significantly reduce areas of any duplicative work, overlapping and conflicting rules, regulations, processes and procedures that might be confusing or that add unnecessary time and cost to the delivery of serv ices. • Note: Objective of streamlining is to “more effective and efficient administration and enforcement of the process, codes and standards”. Streamlining is not regulatory abandonment. Standards for Project Processing Protocol and Completion Goals and Deadlines: • Establish deadlines and timeframes for processing applications. • Stick to a strict approval protocol. • Review and respond to each application should be according to pre-fixed time allotments without exception. Performance Standards and Monitoring: Transtech will also develop a monitoring method to document achievement of the performance, and that personnel are providing helpful and courteous service to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires, interviews, and observations at the counter and during permit inspections and monthly statistical reports. Transtech’s Plan Check Approach and Standards: Electronic Plan Check Submittal Portal: Transtech provides Electronic Plan Check. Please click here for a sample of our electronic plan check portal at one of our contract Cities. We offer electronic plan check submittal portal to our client cities at no cost. Virtual Counter Portal: We offer virtual meetings with plan checkers. Please click here to explore the virtual plan check counter appointment calendar for one of the Cities. Transtech’s unique “Customer Care” approach in delivering Services in an efficient, cost-effective, and timely manner:  Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with       Packet Pg. 1187 February 10, 2023 City of SAN BERNARDINO Attn.: Susan Pan, P.E., QSD/QSP, Acting Deputy Public Works Director/City Engineer Page 3 www.transtech.org 855.595.2495 (toll-free) Proposal, Land Development and NPDES Program Management Services City’s specific procedures, standards, and requirements.  We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.  This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.  To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.  Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.  Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.  Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. We have a qualified team with large pool of well experienced in-house staff readily available with diversified and extensive expertise, and will be able to respond to service requests and mobilize our resources quickly. We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. We believe our team is well qualified to perform the services requested:  Successfully providing similar services to many agencies for over 33 years.  Proven track record in on time and within budget project delivery.  Multi-disciplinary engineering consulting service capabilities to provide an array of municipal services.  Ability to work collaboratively with agencies, project applicants, and other stake holders, and communicate effectively with diverse audiences and stakeholders at public forums.  Committed to producing a high-quality work product and deliver a high level of customer care.  Commitment of principal level management and involvement throughout the contract duration.  Well experienced in-house staff readily available to commence with the services upon City’s authorization. Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned. Sincerely, Ali Cayir, PE, Principal E: Ali.cayir@transtech.org; E: rfp@transtech.org; C: 714-883-8677       Packet Pg. 1188 Table of Contents Proposal Land Development and NPDES Program Management Services Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below: Proposal Section Page 1. Perception Approach 1.1 – 1.5 1. Project understanding and perception 1.1 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1.3 2. Methodology 2.1 – 2.5 1. Clearly state the methodology to be used in completing the Scope of Services 2.1 2. Provide QA/QC plan to ensure quality control for the duration of the project 2.5 3. Key Personnel 3.1 – 3.31 1. Experience of key personnel 3.1 2. Responsibilities to be assigned 3.3 3. Amount of each individual’s time to be allocated 3.3 4. Subconsultant(s) to be used (if any) 3.3 5. Resumes of key personnel 3.4 6. Project organization chart 3.31 4. Relevant Experience 4.1 – 4.10 5. Quality of Proposal 5.1 – 5.5 1. Proposal contains all minimum required items and is in proper format 5.1 2. All forms, including addenda (if any) have been completed and signed 5.2 6. Budget / Fee 6.1 – 6.2       Packet Pg. 1189 Proposal Section 1 Perception Approach Proposal Land Development and NPDES Program Management Services       Packet Pg. 1190 1. Perception Approach 1.1 Proposal Land Development and NPDES Program Management Services 1. Perception Approach 1. Project understanding and perception 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy 1. Project understanding and perception City’s Request for Proposals: The City has requested proposals from on-call consultants for Land Development and NPDES Program Management Services. With recent changes to the Engineering Division, the Public Works Department seeks to issue a task order consistent with the PSA to a consultant to provide professional engineering and program management services related to implementing the City’s Land Development and NPDES Program. The City of San Bernardino process about 1,000 land development permit applications per year. The land development and NPDES permits processed including the on-site improvement/grading permit, off-site improvement permit, landscape plan permit, ROW encroachment permit, tract/parcel map, lot line adjustment, lot merger, Water quality management plan, best management practices plan, erosion control plan, and stormwater pollution prevention plan. Transtech Comment: Transtech has extensive experience in the requested services. We have been in business for 33 years and provide similar municipal services to approximately 70 public agencies. Our staff and resources include approximately 200 staff, including project managers, civil engineers, designers, traffic and transportation analysts, technicians plan and map checkers, surveyors, inspectors, construction managers, building officials, building plans examiners, building inspectors, planners and support personnel. Transtech’s Plan Check and Inspection Capacity in numbers: • We maintain and manage 25 electronic plan submittal portals. • In 2022, we received and processed approximately 13,000 project applications, reviewed 96,000 documents and performed 15,000 inspections. Scope of Services: The consultant shall provide professional services to manage 9 City staff and plan check consultants in delivering the land development and NPDES programs. More specifically, program management services shall include but are not limited to the following program activities: 1. Land Development Program a. Process new land development project applications, collect application fees and development impact fees. b. Upload completed new applications to Dropbox folders and email consultants and Public Works staff. c. Coordinate plan check review process with applicant and consultant. d. When plan check is completed and approved, issue construction and encroachment permits, collect permit fees. e. Schedule and conduct pre-construction meeting.       Packet Pg. 1191 1. Perception Approach 1.2 Proposal Land Development and NPDES Program Management Services f. Coordinate construction inspection activities with inspectors. g. Construction completion close-out, as-built plans, bond release. h. Development Environmental Review Committee and Planning projects review and provide comments. 2. NPDES Program a. Coordinate Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP) plan check review process with applicant and consultant. b. Review and approve non-category WQMP, Best Management Practices (BMP) plan, Erosion Control Plan, SWPPP. c. When plan check is completed and approved, issue construction permit, collect permit fees. d. Schedule and conduct pre-construction meeting. e. Coordinate construction activities with inspector. f. Construction completion: WQMP maintenance Agreement signing and recording. g. RWQCB Industrial Permits: regulatory compliance and annual reporting. h. Manage MS4 Permit Compliance and regulatory updates. Respond to illicit Transtech Comment: • One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers. Several of our senior staff members have previously worked for Public Agencies in various capacities, such as Public Works Director, City Engineer, City Traffic Engineer, CIP Manager, Building Official, Planner, and various other capacities. • We have extensive experience working with Public Agencies in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. Per information provided on City’s web site, City’s Current Plan Submittal/Check Process - City only accepts hard copy submittals.       Packet Pg. 1192 1. Perception Approach 1.3 Proposal Land Development and NPDES Program Management Services 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy Initial Service Analysis: If selected by the City, Transtech will conduct a review of existing process, and perform an operational, service and quality assessment and efficiency. Based on this review, we will provide any recommendations we may have for any improvements in service quality, efficiency, and effectiveness. Elements of Service Analysis: • Workflow. o Do applications enter and proceed through the system efficiently? o Are applicants submitting complete documents? o What is the % of applications rejected and returned to applicants because it is incomplete for review requiring resubmittal? o Are inadequate submissions returned early or late in the process? o Are all plan reviewers on a coordinated schedule for each submission or not? • Workload. o Does the system slow down because it is overloaded or inefficient? o Are there any projections or plans to respond to future growth or decline? • Personnel. o Does everyone have the skills and training to provide quality and timely services? • Organizational Issues. o Is there efficient and effective collaboration between departments? o Is there duplication of effort? • Technical Expertise. o Is technical expertise sufficient? • Existing System/Technology. o Is the existing system/technology being used effectively and efficiently> • Cross-Departmental Communications and Coordination. o What other departments must be coordinated with to process and complete a plan check (e.g. building, planning, health, fire safety, etc.)? o Is there effective interdepartmental cooperation? o Does it need to be improved, if yes, how can communications be enhanced? • Applicants. o Are there any comments/complaints from applicants for any issues/problems? o Are there any recommendations/suggestions from applicants for an improvements? Creating Service Philosophy: Creating a Service Philosophy is an important element in efficient and customer friendly service. As a reference, Transtech’s Service Philosophy is provided below: Transtech’s unique “Customer Care” approach in delivering Services in an efficient, cost-effective, and timely manner:  Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.       Packet Pg. 1193 1. Perception Approach 1.4 Proposal Land Development and NPDES Program Management Services  We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.  This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.  To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.  Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.  Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and conduct business.  Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Process Streamlining: • Identify and remove any barriers that may exist in order to effective and efficient delivery of services to the public. • Improve by modifying or restructuring the day-to-day operations to eliminate, or significantly reduce areas of any duplicative work, overlapping and conflicting rules, regulations, processes and procedures that might be confusing or that add unnecessary time and cost to the delivery of serv ices. • Note: Objective of streamlining is to “more effective and efficient administration and enforcement of the process, codes and standards”. Streamlining is not regulatory abandonment. Standards for Project Processing Protocol and Completion Goals and Deadlines: • Establish deadlines and timeframes for processing applications. • Stick to a strict approval protocol. • Review and respond to each application should be according to pre-fixed time allotments without exception. Goals and Results of Process Streamlining: • Making the process simpler to understand, more convenient to use, more efficient, and more predictable. • Meeting the demands of customers. • Enabling staff to be project oriented rather than process oriented. • Eliminating duplicate work.       Packet Pg. 1194 1. Perception Approach 1.5 Proposal Land Development and NPDES Program Management Services • Providing greater control and flexibility in re-distributing workload. • Enhancing customer service, and minimizing complaints processes. Performance Monitoring: Develop a monitoring method to document achievement of the performance, and that personnel are providing helpful and courteous service to customers. The monitoring may include, but is not limited to, customer feedback through written questionnaires, interviews, and observations at the counter and during permit inspections and monthly statistical reports.       Packet Pg. 1195 Proposal Section 2 Methodology Proposal Land Development and NPDES Program Management Services       Packet Pg. 1196 2.. Methodology 2.1 Proposal Land Development and NPDES Program Management Services 2. Methodology 1. Clearly state the methodology to be used in completing the Scope of Services 2. Provide QA/QC plan to ensure quality control for the duration of the project 1. Clearly state the methodology to be used in completing the Scope of Services Following paragraphs describes Transtech’s general approach in plan check services: Also see Proposal Section 1. Perception Approach, Sub-section 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy Transtech’s unique “Customer Care” approach in delivering Building and Safety Services in an efficient, cost-effective, timely and customer friendly manner:  Transtech is well known in providing Cost Effective Services on time with a customer friendly and responsive approach.  Our services are founded on the principles of Total Quality Management for Total Customer Care.  We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements.  We start by working with the applicant early on and during plan review to help them prepare a set of plans which have all of the required information clearly and logically presented.  Additionally, we never hesitate to make suggestions which help eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Experience has taught us well that inspection time and applicant frustration can both be substantially reduced, while increasing overall compliance, by producing a better set of plans during the plan review process. And in the case of homeowners, this policy often demonstrates early on that the City really is truly a partner in a process that can often be a source of stress and tension for many applicants, and we fully understand that.  This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan.  Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency.  To help the applicant better understand the problem, Transtech provides as much information during plan review as possible. We believe that if the applicant has a clear understanding of the problem, he or she can take the necessary steps to correct the condition. This policy reduces the number of plan review rechecks required, allows the applicant to obtain a permit much sooner, and reduces the overall time our staff is required to spend on that particular plan. Unclear and/or cryptic corrections are never written, and all correction lists, except those written over the counter, are typed and printed on a laser printer.  Our plan checkers confer early on and respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks where the plan corrections.  Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field.  All telephone calls or e-mails received are returned within the same working day, or the following day. We take pride in our “Same Day Response” motto.  Responsiveness is an integral part of Transtech’s “customer friendly” service approach.  We will strive to enhance the City’s image by public trust to be the most desirable community to live, invest and       Packet Pg. 1197 2.. Methodology 2.2 Proposal Land Development and NPDES Program Management Services conduct business.  Customer Care means highest quality customer service. Transtech is committed to providing “Customer Care” to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Plan Check Processing: When a plan check order is received, it is logged and reviewed by Building Staff and then assigned to applicable plan checkers. The plan check duration is monitored thru the plan check log data base, which generates messages at identified intervals to inform plan checker and supervising Sr. Staff so that they are aware of how the progress and status continuously. If any potential delay is monitored, necessary steps are taken, such as meeting with plan checker to review the schedule, workload, performance, and identify actions, including assigning additional staff, if necessary, to ensure timely completion of assignment. Plan Check Coordination: • Our plan checkers respond to questions from the architect, engineer, designer, applicant, etc. When requested, our plan checkers also meet with the architect, engineer, designer, applicant, etc. at our offices to answer questions or for rechecks. • Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. This pro-active approach reduces inspection time and questions, and applicant frustration, while increasing overall compliance, by producing a better set of plans during plan review process. Especially, when the applicant is a homeowner trying to improve his/her property, this policy often demonstrates early on that the City really is here to help. Approach to Meeting with Applicants: Our staff is available to applicants by phone and through email or through virtual meeting for questions or available to meet for rechecks if necessary. Our policy is to meet with applicants virtually via TEAMS or ZOOM or when necessary, at City Hall, but we also have an available facility at our office meetings with applicants. Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited plan check services, Transtech staff is able to provide additional resources to accommodate such a request. If the City requests inspection services, Transtech staff will provide additional resources to accommodate inspection requests during off business hours and weekends. Quick Turn Around and Expedited Service: Transtech will provide plan checks on a quick turn-around schedule. Transtech also provides expedited service when requested. Applicant will be able to see online on real time the progress of plan check submittals. Weekend, Holiday & Atter Work Inspection: Transtech is readily available and has the resources to provide weekend, holiday, and after-work hour inspections as requested by the City Manager or designee. Training Program: We offer any City staff, who are involved in inspection, plan check and permit issuance, an option to participate in our training program for code updates and process, as well as ICC certification training. Other Services: Transtech is a full-service municipal consulting firm that currently provides a variety of different city services for public agencies. We understand that Transtech would be responsible for all correspondence related to activities of the Building and Safety Division. In addition, Transtech would respond to any complaints, perform investigations, provide problem- solving methods for unique or challenging plan check or code interpretation issues, provide report writing and policy &       Packet Pg. 1198 2.. Methodology 2.3 Proposal Land Development and NPDES Program Management Services procedure recommendations, and attend City Council and Commission meetings as requested by the City Manager or designee. Virtual Counter: • We offer virtual meetings with plan checkers. • Sample of one of our virtual plan check counter appointment calendar: South Pasadena Virtual Plan checker https://outlook.office365.com/owa/calendar/TranstechEngineers@transtech.org/bookings/ Electronic Plan Check: • Transtech provides Electronic Plan Check. • Sample of one of our electronic plan check portals: West Covina https://gopost-transtech.eplansoftreview.com/#/login?portal=westcovinabldg Following pages include sample snap shots of various types of electronic plan checks.       Packet Pg. 1199 2.. Methodology 2.4 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1200 2.. Methodology 2.5 Proposal Land Development and NPDES Program Management Services 2. Provide QA/QC plan to ensure quality control for the duration of the project Our services are founded on the principles of Total Quality Management for Total Customer Care. We have a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the City with the highest quality product. Transtech has established guidelines and policies, including written manuals on quality control, project management, and design procedures for its staff and for its contract cities. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization in compliance with City’s specific procedures, standards, and requirements. Transtech provides all plan check comments on electronic files. All plan check comments are provided on pdf format electronically, as well as hard copies. Plan review corrections are written clearly and are fully detailed to explain the Code deficiency. Our policy is to assist the architect, engineer, designer, applicant, etc. as much as possible, which helps eliminate complicated details, reduce construction costs, and/or provide details which are easy to verify in the field. Also see Proposal Section 1. Perception Approach, Sub-section 2. Approach to the project including steps to ensure ultimate compliance with objectives of the work, quality and accuracy.       Packet Pg. 1201 Proposal Section 3 Key Personnel Proposal Land Development and NPDES Program Management Services       Packet Pg. 1202 3. Key Personnel 3.1 Proposal Land Development and NPDES Program Management Services 3. Key Personnel 1. Experience of key personnel 2. Responsibilities to be assigned 3. Amount of each individual’s time to be allocated 4. Subconsultant(s) to be used (if any) 5. Resumes of key personnel 6. Project organization chart 1. Experience of key personnel Professional Licenses by Board for Professional Engineers, Land Surveyors, and Geologists Transtech Staff Members possess Professional Engineer Licenses in various engineering categories (i.e. Civil Traffic, etc.) ICC Certifications: Licenses and Certificates of the Firm and Staff Members in Diversified Fields: Transtech staff members have extensive experience and in-depth knowledge of applicable codes and regulations. Our staff members are certified by the International Code Council (ICC). We have staff who have reached the highest possible level of code administration with the Master Code Professional designation certification from the ICC. In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies. Following are various ICC certifications held by various staff members: Building Official Certifications:  Certified Master Code Professional  Building Code Official  Building Official Plan Check Certifications:  Residential Building Plans Examiner  Commercial Building Plans Examiner  California Building Plans Examiner  Certified Sustainability Professional  CalGreen Plans Examiner  Accessibility Plans Examiner  Commercial Energy Conservation Plans Examiner  Residential Plans Examiner  Mechanical Plans Examiner  Plumbing Plans Examiner  Electrical Plans Examiner State of California Safety Assessment Program:  CalOES SAP Evaluator Inspection Certifications:  Combination Inspector  Commercial Building Inspector  Residential Building Inspector  Accessibility Inspector  Commercial Energy Conservation Inspector  Electrical Inspector  Commercial Electrical Inspector       Packet Pg. 1203 3. Key Personnel 3.2 Proposal Land Development and NPDES Program Management Services  Residential Electrical Inspector  Residential Energy Conservation Inspector  Residential Building Inspector  Residential Mechanical Inspector  Mechanical Inspector  Commercial Mechanical Inspector  Plumbing Inspector  CalGreen Inspector  Building Inspector CBC  Building Inspector UBC  Plumbing Inspector UPC  California Building Inspector  California Commercial Plumbing Inspector  California Residential Mechanical Inspector  California Residential Mechanical Inspector Additional Inspection Certifications:  IAPMO Plumbing, Mechanical Inspector  Fire Code Inspector  Fire Inspector II  California UST Inspector Permit Technician Certification: Permit Technician CACEO Certified Code Enforcement Officer California State Fire Marshall Certifications: Certified EMT1 (AED Certification), Driver Operator 1A, Driver Operator 1B, Driver Operator, Command 1A, 1B, 2A, Firefighter 1, 2, Hazardous Materials First Responder, Instructor 1A, 1B, Investigation, 1A, Management, 1, Prevention, 1A, 1B, 1C, 1D, 2A, 3A,3B, ICS 100, 200, S-290, S-130, S-190, PC832 with Firearms. Fire control 3, S-230 S-231 S-215, Fire Safety Officer FEMA: IS 100, 200, 241, 242, 275, 700, 288, 800, 08-A, 1900  Also, our plan check engineers, who review maps and engineering plans are licensed as professional engineer by the State of California Board for Professional Engineers, Land Surveyors, and Geologists (BPELSG).  In addition, some of our staff members are certified as Fire Plan Checkers and Inspectors, as we provide these services to some agencies. Our staff members are involved in many local and national International Code Council (ICC) and California Building Officials (CALBO) committees, and are involved in the development of local and national guidelines and codes for Building and Safety: • Chair; ICC Sustainability Membership Council • Chair; ICC LA Basin Chapter Inspection Committee • Commissioner; ICC Codes & Standards Council • Commissioner; CALBO Green Committee • Commissioner; ICC/CALBO CA Exam Committee • Commissioner; CALBO Outreach/Communications Committee • ICC Los Angeles Basin Chapter Board of Directors • ICC Building Officials Membership Governing Council • ICC Code Development Committee Vice Chair • ICC Technology/Web Advisory Group • IAS Accreditation Committee • ICC LA Chapter Accessibility Committee • Commissioner; CALBO State Licensing Boards Committee       Packet Pg. 1204 3. Key Personnel 3.3 Proposal Land Development and NPDES Program Management Services 2. Responsibilities to be assigned Proposed Lead Staff Person for this Project- Michael Ackerman, PE, QSD, QSP, QISP: Transtech will assign Michael Ackerman, PE, QSD, QSP, QISP as the Lead Staff Person for this Project. Other technical support staff will be assigned as necessary. 3. Amount of each individual’s time to be allocated Staff time will be as needed. Sr. Level staff is anticipated to provide approx. 2 days on site support and 2 to 3 days off site support per week. Other technical support staff is anticipated to provide approx. 2 to 3 days on site support and 2 days off site support per week. 4. Subconsultant(s) to be used (if any) Transtech has in-house staff to provide the requested services.       Packet Pg. 1205 3. Key Personnel 3.4 Proposal Land Development and NPDES Program Management Services 5. Resumes of key personnel MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer, Principal/Supervising Program Manager Education • Bachelor of Science in Engineering, the University of Iowa • Land Development Desktop, AutoCAD Civil 3D, and Microstation Certification - Westech College Registration • Registered Civil Engineer Certifications • Resident Engineer Academy, Caltrans • Water Pollution Control Compliance on Construction Sites for Resident Engineers, Caltrans • Asphalt Pavement Fundamentals: Design, Construction, and Rehabilitation • Construction Program Management Workshop, FHWA • Field Office Procedures Course, Caltrans • California Work Zone Inspection – High Speed, Caltrans • Asphalt Concrete Inspection and Rehabilitation Strategies, Caltrans • CalOES SAP Evaluator Highlights • 20 years of experience in Mr. Ackerman has approximately 25 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. He managed Engineering and CIP, attended and coordinated with COG Regional Transportation Planning, GWMA Gateway Water Management Association, and Los Angeles Upper Reach 2 Storm Water Management Group. Mr. Ackerman’s experience also includes working at various positions for public agencies including: • Caltrans: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • Construction Division: In the Construction Division, Mr. Ackerman was Resident Engineer for various projects, including: o Watson Wash Bridge Replacement Right (Rte 40) o Replacement of Drains and Earthwork (Rte 40) o Fenner Overhead Bridge Replacement (Replacement of two bridges over BNSF Railroad, Rte 40). • Design Division: Designed plans, specifications, and estimates for the rehabilitation of Route 10 freeway from the Riverside/San Bernardino County line to Beaumont. • Traffic Operations Division: Performed studies and analyses to interpret and mitigate above average accident volume areas on highways and freeways. Also, he performed traffic studies. • City of San Bernardino: Mr. Ackerman worked at the City of San Bernardino as a Civil Engineer. He was involved in many projects including Development Review and Plan Check, design and review of Street Improvement Plans, Rough and Precise Grading Plans, Sewer Plans, Storm Drain Plans, Street Lighting Plans, Storm Water Pollution Prevention Plans, Water Quality Management Plans, Geotechnical Reports, and Hydrology/Hydraulic Studies, land development, industrial, commercial, residential, and transportation development projects including Tract and Parcel Maps. He also directed and performed plan check of improvement plans submitted by developers to the City. Also, he represented the City of San Bernardino at the South Tehachapi Management Team meetings, coordinated with San Bernardino County Flood Control and FEMA for the certification of City levees and updating of the Flood Insurance Rate Maps (FIRM), and oversaw permitting and tracking of Land Development Projects through the Division of Public Works/Engineering. In addition, Mr. Ackerman has worked intimately with Planning and Building and Safety Divisions on Land Development Projects. • City of Huntington Park: Mr. Ackerman worked for the City as City Engineer. He was responsible for the engineering operations, plan check, CIP Management. Mr. Ackerman provides services to various Transtech Contract Cities as needed. Following are various tasks representative of his general engineering experience: • Planned, coordinated, and directed the activities of the Engineering Division; • Supervised the preparation of designs, specifications, plans, estimates and reports involved in the construction of public works engineering projects, such as       Packet Pg. 1206 3. Key Personnel 3.5 Proposal Land Development and NPDES Program Management Services City Engineering. • Experience includes working for Caltrans and Cities of San Bernardino and Huntington Park. • Extensive experience in working with Caltrans. • Extensive experience in NPDES requirements. • Extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). • Served as Resident Engineer on several Federally Funded Projects. • Cal OSHA 10 hour Construction Certified storm drains, sewer systems, and water facilities; • Reviewed and approved engineering plans, specification and contract documents; • Analyzed bids and supervises the preparation of contracts; • Supervised building construction by outside contractors on special projects; • Provided technical assistance and consults with other departments, agencies, commission, and other bodies on engineering matters; • Prepared reports for the various governing bodies concerning economic comparison, environmental impact studies, subdivisions, land use conversion, and capital improvements • Planned, coordinated and directed the traffic engineering functions of the City including traffic control device installations, traffic studies and local and regional area traffic growth management; • Site visits to various locations to conduct field and construction inspections, surveying, and perform other engineering activities; • Administered the use of revenue obtained through subventions from the State and County; • Represented the Division to other City departments, elected officials and outside agencies; explained and justified Engineering Division programs, policies and activities; negotiated and resolved sensitive, significant and controversial issues; • Managed and participated in the development and administration of the Engineering Division budget; participated in the preparation of and implement budgetary adjustments; • Coordinated Engineering Division activities with those of other departments and outside agencies and organizations; provided staff assistance to the City Manager and City Council; prepared and presented staff reports and other necessary correspondence; • Directed the work involved in the custody of maps, charts and other records dealing with City owned facilities; • Supervised and evaluated subordinate staff; • Responded to citizen inquiries and resolve difficult and sensitive complaints; and • Participated on a variety of boards and commissions; attended and participated in professional group meetings; stayed abreast of new trends and innovations in the engineering field. Following are various projects representative of his Public Works Projects Experience: Mr. Ackerman has also served as Project Design Engineer, Project Manager, and Construction Manager/Resident Engineer on a number of projects. Partial listing of projects representative of his project experience on recent projects include: • Project Engineer for City of Commerce, Garfield Avenue Telegraph Road to Malt Avenue Street Improvements; Eastern Avenue Pavement Overlay Stevens Thru City Boundary; Garfield Avenue and Slauson Avenue Intersection Improvements; Washington/Ayers Intersection: Prepared PS&E. Federally funded projects as part of Stimulus Program. • Project Engineer for City of Baldwin Park, Francisquito Avenue Overlay Project; Ramona Boulevard Overlay Project: Prepared PS&E. Federally funded projects as part of Stimulus Program. • Project Engineer for City of San Bernardino, Sewer upgrade project: Preparation of a project PS&E for upgrade of main sewer lines at various locations per the City’s Sewer Master Plan. • Project Engineer for City of Commerce - Master Sewer Study Telegraph Corridor re-vitalization project: Documentation of existing system. Design capacity analysis based upon land use designations. Produced master plan study report for the project along with cost estimates. • Resident Engineer for Rosemead Safety and Enhancement and ADA Improvements Project. Served as the Resident Engineer for the Rosemead Safety and Enhancement Project. The project includes widening and reconstruction of       Packet Pg. 1207 3. Key Personnel 3.6 Proposal Land Development and NPDES Program Management Services 2 miles of Rosemead Boulevard, including new medians, bike lanes, signals, sidewalks, curb & gutter, street lighting, landscape, street scape. The project is federally funded and is managed in compliance with Caltrans Local Assistance Procedures Manual. Cost $20m. • Principal CM/Resident Engineer for Valley Boulevard Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, medians, landscape, curb and gutter, sidewalk, traffic signals and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project also involved coordination with Caltrans for work at the 710 Freeway ramps under Caltrans Encroachment Permit. Project was completed in various phases, including nigh time construction for several phases, to minimize inconvenience to public on this heavily travelled major Arterial. • Principal CM/Resident Engineer for New Avenue, from North to South City Limit Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, curb and gutter, sidewalk, traffic signals and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project also involved coordination with Caltrans for work at the I-10 Freeway ramps under Caltrans Encroachment Permit. • Principal CM/Resident Engineer for Garfield Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, curb and gutter, sidewalk, and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Principal CM/Resident Engineer for City of San Bernardino, Via Duct Boulevard/2nd Street Realignment Project: Prepared PS&E and served as Construction Manager/Resident Engineer. • Project Engineer for CSUSB (Cal State SB University) San Bernardino Main Access Road: Prepared PS&E and provided construction administration for the project. Project involved design of a new roadway for a length of approximately 1.5 miles, and include street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • Project Engineer for CSUSB (Cal State SB University) Perimeter Road for CSUSB Palm Desert Campus: Prepared PS&E for the project. Improvements included street, water, landscape, grading, drainage, street lighting and various other improvements. • Project Engineer for CSUSB (Cal State SB University): Campus Health Center Expansion: Prepared PS&E for the project for grading, utilities and civil engineering. • Project Engineer for University of California, Riverside - West Campus Infrastructure: Prepared West Campus Infrastructure Development Design/Study, which identified utility and surface infrastructure requirements, and how these improvements could be phased to accommodate proposed campus growth, for an area of 236.8 acres to support approximately 5 million gross square feet of academic, research, support, and student housing facilities. • Project Engineer for City of San Bernardino Campus Parkway Roadway Design: Prepared PS&E as well as provided construction management and inspection services for the project. Improvements included street, water, sewer, storm drain, landscape, street lighting, traffic signal, and signing and striping.       Packet Pg. 1208 3. Key Personnel 3.7 Proposal Land Development and NPDES Program Management Services AARON MLYNARSKI, Office Engineer Support EDUCATION • BA, Business Administration, Cal Baptist University HIGHLIGHTS: • Strong Communication and collaboration skills • Preparation and processing of Special Studies (SWPPP, WQMP and Hydrology) • Experience in Public Works, Building and Safety, Planning and Surveying Mr. Mlynarski has approximately 20 years of experience. He serves as an Office Engineer and provides technical and administrative support to Project Managers. His experience includes CIP management support, coordination with City Departments, Utility Companies, Caltrans, other Regulatory Agencies, Developers, Consultants, Contractors, Field Survey, Community Outreach and overall management and coordination of a variety projects from design thru plan review and approvals and construction. As Office Engineer, he assists Project Managers, Construction Mangers and Resident Engineers with contract administration, RFI and submittals coordination, document control, contract compliance, project coordination, project controls and various other tasks. As part of Transtech’s Municipal Services, Mr. Mlynarski also assists Project Managers, and Engineers at various Transtech Contract Cities and performs various tasks including: • Prepare Staff Reports and Presentations for Council Meetings, Commission Meetings, and Ad-Hoc Committees • Prepare Requests for Qualifications and Proposals (RFQ’s and RFP’s) to hire consultants and outside contractors to perform services for City projects. • Analyze submitted proposals and bids • Prepare staff reports for City Council meetings. • Participate in the plan check, review, and processing of plans for private developments affecting city streets, sewers, drains, and related public works facilities and ensure that they all meet City imposed requirements. • Coordinate with other departments such as Planning and Building Department for Plan Checks • Respond to inquiries and requests for information from the general public, contractors, and other agencies. • Prepare memos, letters, and field reports in the course of performing work. • Attend and participate in meetings and conferences with City staff, consultants, contractors, utility companies, and various stake holders regarding requirements for public works projects, land development/subdivision projects and other matters relating to areas of assigned responsibilities. SWPPP (Special Studies): • Prepare weekly logs for SWPPP compliance to provide to the LRP/owner. • Inspect site BMP’s and other site conditions as needed for compliances. • Prepare and file annual report with the State Waterboard. • Prepare and file annual report with Caltrans. • Advise and consult on SWPPP matters as requested by ownership. • Processing the General Permit with the State Waterboard (NOI, Annual Report and NOT) SWPPP Projects: • AMES Construction – 650,000 cubic yards of stockpile material. Branch Water Pipeline Project, Mentone 2016-2017. • SD Homes – 328 multi-family units on 19 acres, Redlands 2017-present. • The Standard – 282 multi-family units. 9.54 acres, Redlands 2020-present. • Eagle Yucaipa 55 – 96 senior rental units on 3.48 acres, Yucaipa 2018-2020. • Loma Villas – 70 multi-family apartment units. 2.68 acres, San Bernardino 2020- present. • Grand Terrace Fleet Yard – Truck Storage Facility. 22 acres, Grand Terrace 2020- present. • Hesperia Senior 55 – 96 multi-family apartment units. 10.02 acres, Hesperia 2015- present. • Crystal Ridge – 89 lot single family development 2013-2018       Packet Pg. 1209 3. Key Personnel 3.8 Proposal Land Development and NPDES Program Management Services Various other projects representative of his experience include: • City of San Bernardino, Metrolink Parking Structure at Historic Santa Fe Rail Depot: Mr. Mlynarski served as Office Engineer. Daily site walks, site photos and meeting with sub-contractors and City staff to maintain an efficient construction schedule. Coordinated application and plan submittals with the City’s Public Works and Community Development Departments. • City of San Bernardino Historic Renovation adoptive reuse of Santa Fe Rail Depot: Mr. Mlynarski served as Assistant to Construction Manager. Managed RFI’s, Change Orders and other documents between City staff, contractor and Construction Manager. • County of Los Angeles, Building Department Technician: Mr. Mlynarski served as Building Technician and coordinated plan reviews and permit process. Mr. Mlynarski was responsible for confirming and logging in permit information using multiple GIS programs as the County of Los Angeles was transferring to a digital platform 2010- 2012. • City of Alhambra: Mr. Mlynarski served as Building Technician and coordinated plan reviews and permit process 2012-2013. • City of South Pasadena: Mr. Mlynarski served as Building Technician and coordinated plan reviews and permit process 2012. • Waterman Gardens/Arrowhead Grove: Mr. Mlynarski served as a project coordinator for the redevelopment of the low-income housing community. Mr. Mlynarski was responsible for coordination between the County of San Bernardino Housing Authority (SBCHA), National CORE, San Bernardino City agencies and subcontractors. He was involved in all plan submittals, weekly meetings and permit issuances 2015-present. Technical Highlights: Outlook, Adobe, HTML, Photoshop CS2, Image Ready CS2, Excel, Access, Power Point, Word, Word Perfect       Packet Pg. 1210 3. Key Personnel 3.9 Proposal Land Development and NPDES Program Management Services DENNIS TARANGO, CBO, ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff EDUCATION • California State Polytechnic University, Pomona, Engineering • Fresno State University, Business Administration • Rio Honda College, General Studies ICC CERTIFICATIONS • Certified Building Official • Building Plans Examiner • Commercial Building Inspector • Building Inspector UBC • Fire Plans Examiner HIGHLIGHTS • Currently on ICC Sustainability Membership Council Governing Committee • CalOES SAP Evaluator Mr. Tarango has over 20 years of experience in the building and safety division. He is experienced in managing building and safety departments of different municipalities. Currently he is serving as Building Official for Transtech Contract Cities. At Transtech, Mr. Tarango is responsible for the Building and Safety Division as well as business development, client relations, and management oversight. With his analytical and strategic management skills, he provides strong leadership and develops staff to enhance the Departments abilities. Prior to working for Transtech, Mr. Tarango served as Deputy Building Official, Plans Examiner, and Senior Building Inspector for various local cities including the City of Diamond Bar, City of Yorba Linda, and City of Hemet. Mr. Tarango’s experience of building and safety operations, comes from working in the capacity of Building Official, Acting Building Official, Deputy Building Official, Plans Examiner and Building Inspector. He has comprehensive knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees and related interaction with members of the public, other city departments and other governmental agencies. He has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects. As Building Official, he provides necessary code interpretation in collaboration with other City Departments and applicants on building and safety related issues. He manages building and zoning code violations with the aid of the City Prosecutor to abate violations. He also provides over the counter plan check as Building Official/Plans Examiner. As Plans Examiner, he is responsible for examination and approval of architectural and structural plans submitted to municipalities for a wide variety of projects ranging from small residential additions to large, multistory commercial and industrial facilities. As Building Inspector, he has inspected an array of projects ranging from small residential additions to large complex multifamily, commercial, and industrial facilities. He was also responsible for inspector training and development. EXPERIENCE IN LARGE COMPLEX PROJECTS (PARTIAL LIST) IN WHICH BUILDING OFFICIAL OVERSIGHT WAS PROVIDED: • San Manuel Casino, Refresh Project ($200M): This three-year project was a multi- phase remodel of the entire 400,00 SF casino floor including 5 new restaurants, 3 new bars, retail stores, food court, executive offices, chiller plant, bridge, and 50,000 SF of new gaming area. Transtech provided plan check, inspection, Building Official services. • County of Riverside Economic Development Agency, Facility Evaluation: Located at 41888 Motor Car Pkwy Transtech provided Facility Evaluation Services including an accessibility compliance review to allow the 297,033 SF 5- story office building to operate as an essential services facility. • County of Riverside Economic Development Agency, Facility Evaluation: Located at 450 E. Alessandro Blvd Transtech provided Facility Evaluation Services comprised of a high-level analysis of the structural system and a code compliance evaluation of the entire 5 Acre property including a 16,826 SF office building, outdoor theater, and several assessor structures. • Temple City Camellia Square (Project Value: $15M): Transtech provided full plan review as well as inspection services, the project included a shopping center with an underground garage and 4 total buildings as follows: a one-story 6,600 SF building; a two-story 25,700 SF building, a two-story 4,500 SF building; and, a       Packet Pg. 1211 3. Key Personnel 3.10 Proposal Land Development and NPDES Program Management Services two-story 43,400 SF building. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Linden Walk Residential Development (Project Value: $18.5M): Transtech provided full plan review as well as inspection services for this development which included 74 Single Family Dwellings. This project is located in Temple City. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Blossom Walk Residential Development (Project Value: $5.7M): Transtech provided full plan review as well as inspection services of for this development which includes 24-unit condominiums and 4 single family homes. This project is located in Temple City. This also included Transtech also provided Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Pacific Plaza (Project Value: $30.3M): Located at 11 S 3rd St (condo) and 300 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes 120 condo units and retail space below. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • The Alhambra (Project Value: $57.8M): Located at 88 S Garfield Avenue, 2 S Garfield Avenue, 100 & 150 E Main St. Transtech provided full plan review as well as inspection services of for this development which includes 260 apartment units, 4-story parking garage, 72,000 sq ft 2-story retail building, 16,730 sq ft 1- story retail building, and 23,000 sq ft 1-story retail building. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Midwick Collection (Project Value: $13M): Located at 2400 S Fremont Avenue. Transtech provided full plan review as well as inspection services of for this development which includes 36 single family dwellings and 28 townhomes. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Casita de Zen (Project Value: $21M): Located at 28 N 3rd St (condo) and 235 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes mixed use project with 92 condos on top, and retail on bottom. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Main Street Collection (Project Value: $23M): Located at 410 W Main Street. Transtech provided full plan review as well as inspection services of for this development which includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • 820 Mission Development LLC (Project Value: $10M): Located at 820 Mission St. Transtech provided full plan review as well as inspection services of for this development which includes construction of new office building with one       Packet Pg. 1212 3. Key Personnel 3.11 Proposal Land Development and NPDES Program Management Services residential unit above, new 15 unit townhome cluster with office fronting Mission Street with one-level subterranean parking, convert existing 3-story industrial building into 9 residential units, construct 13 townhome units. This project is located in South Pasadena. • Alta Med Medical Group (Project Value: $4M): Located at 1900 E Slauson Ave. Transtech provided full plan review as well as inspection services of for this development which includes a new mixed-use building of office space and an adult day care with new on grade parking. This project is located in Huntington Park. This also included review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. AS PART OF THE ROLES AND RESPONSIBILITIES OF A BUILDING OFFICIAL, BELOW IS PARTIAL LIST OF DUTIES AS IT RELATES TO THE ROLE OF CHIEF BUILDING OFFICIAL POSITION: • Manage multiple Building and Safety Departments and staff and provide any other services as may be necessary for administration and enforcement of the California Building Code and related codes, and applicable provisions of the City’s Municipal Code. • Represent City’s as its building official while interfacing with the public and other agencies. • Respond quickly in the event of a local, regional, or national emergency or disaster, as building official. • Read, interpret and analyze plans for major structures. • Visit construction sites and conduct building code inspections when needed as well as conduct job-site evaluations of construction projects for the purpose of monitoring/enforcing compliance with approved plans and code requirements. • Oversee and participate in the management of a comprehensive building department processes. • Oversee, direct, and coordinate the work of building staff. • Participate in the development and administration of the division goals, objectives, and procedures. • Prepare clear and concise administrative and financial reports as it related to the building department. • Work with professional architects, engineers, builders, and the general public with a customer service approach. • Formulate and apply uniform policies and standards for the building inspection programs; formulate, interpret and explain specific building codes, ordinances and administrative orders. • Research regulations, procedures and/or technical materials relating to building codes and enforcement. • Represent the City before other agencies and groups on building inspection and enforcement matters. • Make effective presentations before large and small groups of people. • Coordinate division services with other programs and services within the County and with outside organizations, and agencies. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Research, analyze, and evaluate new service delivery methods and techniques. • Interpret and apply federal, state, and local policies, laws, and regulations. • Communicate clearly and concisely, both orally and in writing.       Packet Pg. 1213 3. Key Personnel 3.12 Proposal Land Development and NPDES Program Management Services DAVID RAGLAND, PE, PLS, QSD, QSP, QISP, Sr. Engineer, Sr. Level Technical Support Staff EDUCATION • Humboldt State University, CA, Bachelor of Science REGISTRATION • Registered Civil Engineer • Licensed Land Surveyor HIGHLIGHTS • Civil engineer and land surveyor with approximately 30 years of diverse experience in a wide variety of projects. • Managed numerous multi- disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. • In the past 10 years, at Transtech, has been working as Engineering Manager and providing engineering services to various Cities. • Served as Principal Project Manager for the design, construction and management of a variety of projects, including: o Major infrastructure projects for public agencies (Freeway Interchanges, Roadways, Water, Storm Drain and Sewer Facilities and Master Plans). o Commercial and Retail Mr. Ragland is a civil engineer and land surveyor has over 35 years of diverse experience in a wide variety of projects in civil engineering. He has managed numerous multi-disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. His experience also includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction. Following is a partial listing of projects representative of Mr. Ragland’s diversified experience: General Civil Engineering Projects: • A number of projects in Los Angeles County, San Bernardino County and San Diego County, including roadway, drainage, water, sewer improvements. • Parkway Business Centre: Design and construction of the 460 Acre industrial park including South Poway Parkway for ADI Properties, Inc. Also served as Assessment Engineer for Communities Facilities District. • Campus Parkway Roadway: Design of a new roadway for a length of approximately 2 miles, and included street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • CalState University Main Access Road: Design of a new roadway for a length of approximately 1.5 miles, and include street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • Cannon Roadway and Sewer: Design of approximately 2 miles of roadway and 36 inch sewer pipe and pump station. This project required careful consideration to pipe buckling due to the extreme soils conditions of the Agua Hedionda Lagoon. Special bedding techniques were used along with special coupling of the pipes to allow for potential deflection as the bridge abutment and road fill settled. • Lopez Canyon Roadway and Sewer: Design and construction of over 5 miles of roadway sewer ranging up to 36 inches in diameter. • Sorrento Valley Boulevard: Design and construction of 4 miles of roadway. Drainage and Sewer Projects: • Northpark Boulevard Sewer Extension: Half mile gravity sewer main extension for University Park Subdivision in the City of San Bernardino. Project required special structural designs and encroachment permitting for crossing 100’ aqueduct right-of-way. • University Park Storm Drain Design: Design of storm drain system with pipes ranging in size from 18 to 60 inches and trapezoidal channel design for 4500 cfs. • Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan (Devore area in San Bernardino) Drainage, Sewer and Water Master Plan: Approximately 500 acre area for future 1,100 unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment and cost analysis for this future development. • San Elijo Ranch Drainage, Sewer and Water Master Plan, San Marcos: 2,000 acre / 3500 unit master planned community. The project included literally miles of storm drain, sewer and water lines, sedimentation areas, pump stations, booster stations, water reservoirs and force mains. Cannon Road Trunk Sewer and Pump Station - Design of 8-12 inch gravity sewer, 6 and 8 inch force main, pump station and wet well. City of Carlsbad • Penasquitos Canyon Trunk Sewer: PS&E for two miles 36-inch gravity sewer including design study reports. City of San Diego • Ranch Santa Fe Road: Relocation and rehabilitation of 1.5 miles of sewer main.       Packet Pg. 1214 3. Key Personnel 3.13 Proposal Land Development and NPDES Program Management Services Development. o Master Planned Communities. o Residential Development. o Educational/University Infrastructure Master Plan Studies and Development. • Extensive experience in working with Caltrans and County of Los Angeles. • Extensive experience in NPDES requirements. • Extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). • Estimated valuation of projects that Mr. Ragland has been involved is approximately $1,000,000,000. City of San Marcos • Arrowhead Springs Drainage, Sewer and Water Master Plan: 4,000-acre site at the foothills of San Bernardino Mountains, and includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area. • Otay River hydrology study and dam breach analysis: 22,000 acre Otay Ranch project in Chula Vista. Flows up to 33,000 cfs were studied for the Otay River. Water Projects: • City of San Diego, Green Valley Water line design and construction. 5000 feet, 30” Reinforced concrete water line and pressure reducing station and details for connection to a 60-inch San Diego County Water Authority Pipeline. • City of San Diego, Structural arch and encasement designs for road crossings over various SDCWA pipelines up to 108 inches in diameter. • City of San Diego, Design and construction of Mercy Road pressure booster. • City of San Bernardino, Design of 3500 feet of 20 to 36 inch ductile iron water transmission main for the development of University Park. • City of San Bernardino, Design of over 10,000 feet of 8 thru 12 inch DIP water main for water distribution. • City of San Bernardino, Structural arch design for road crossing over the Dept of Water Resources 109-inch Santa Ana pipeline. • City of San Marcos Structural arch and encasement designs for road crossings over various SDCWA pipelines up to 108 inches in diameter. • Design of 30-inch CMLC steel water transmission main and pressure reducing stations. Included structural designs for hanging the waterline on a bridge. • City of Carlsbad, Design of many thousands of feet of PVC and DIP water lines for multiple subdivisions in the City with Carlsbad Municipal Water District and the Olivenhain Water District. Master Plans: • San Elijo Hills Specific Plan. Provided planning, engineering, surveying services for the design and development of the 2,000 acre 3,500 dwelling unit Specific Plan and Master Tentative Map. • Shandin Hills Specific Plan. Provided planning engineering services for the preparation of the Specific Plan and Tentative Map. The project is a proposed 240 acre 1049 dwelling unit community. • Arrowhead Springs Specific Plan (including annexation into the City): 4,000-acre site, which includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area. • Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan Drainage, Sewer and Water Master Plan: Approximately 500 acre area for future 1,100 unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment and cost analysis for this future development. • University Development Master Plan: Approximately 200 acre site in association with the City of San Bernardino, Watson Development and Cal-State SB for the development of 200 residential, mixed use, live-work, retail, office and student housing, educational and training facilities and offices for Cal State SB University.       Packet Pg. 1215 3. Key Personnel 3.14 Proposal Land Development and NPDES Program Management Services AYLA JEFFERSON, CBO, CSP ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff EDUCATION • Rio Honda College, CE • Bosphorous Univ, Turkey • Athanee Royal, Belgium CERTIFICATIONS • ICC Certifications: Building Code Official, Certified Building Official, Certified Sustainability Professional, Accessibility Inspector, Accessibility Plans Examiner, Building Plans Examiner, California Building Plans Examiner, CalGreen Plans Examiner and Inspector, Building Inspector CBC, Building Inspector UBC, Plumbing Inspector UPC, California Commercial Plumbing Inspector, Residential Mechanical Inspector, California Residential Mechanical Inspector, Permit Technician • IAPMO Certifications: Plumbing Inspector Mechanical Inspector • CalOES Certifications: SAP Evaluator Ms. Jefferson has over 25 years of experience in private and governmental sector. She has extensive experience in managing building and safety departments of different municipalities under Transtech contracts. Ms. Jefferson holds over 15 International Code Council issued professional certifications including Certified Building Code Official and 2 IAPMO certifications. She has served as Building Official, Deputy Building Official, Plan Checker, Code Enforcement Official, Community Improvement Coordinator, Planning Technician, and Inspector for various municipalities. As Building Official, she provides necessary code interpretations, and coordinates with agency staff and departments, and applicants on building and safety related issues. She handles building and zoning code violations as well as working in coordination with the City Prosecutor to abate violations. She also provides over the counter plan check as Deputy Building Official/Plans Examiner. She has broad knowledge of municipal government operations, including preparation and presentation of staff reports and resolutions to city councils, committees and related interaction with members of the public, other city departments and other governmental agencies. She has extensive experience in construction codes, building and safety plan review and inspection, code interpretations, and resolving code related construction and plan review problems on a broad range of projects. She also coordinates code adoptions for Transtech contract cities. She is involved on various ICC boards, and has served and/or currently serving on a number of ICC Councils, Committees and Boards, locally and nationally. She also served on Calbo Green Committee on State level. She was also appointed as the first national Chair to the ICC Sustainability Membership Council. Ms. Jefferson is responsible for the management of Transtech’s Building and Safety Department, and coordination with Transtech’s municipal clients. With her analytical and strategic management skills, she provides strong leadership, develops and collaborates with primary contacts to protect and to enhance Transtech’s position in specific proceedings; she facilitates and maintains close, long-term working relationships with municipalities in the building and safety realm. HIGHLIGHTS She served as Chair and Vice Chair on ICC Sustainability Membership Council (2011- 2019) ; Served Calbo State Licensing Boards Committee (2019-2022); Served Calbo Community & Outreach Committee (2018) ; Served ICC/Calbo California Codes Exam Committee; Served on ICC Codes & Standards Council; Served Calbo Green Committee; Chaired ICC Los Angeles Basin Chapter Inspection Committee EXPERIENCE IN LARGE COMPLEX PROJECTS (PARTIAL LIST) IN WHICH BUILDING OFFICIAL OVERSIGHT WAS PROVIDED: • Temple City Camellia Square (Project Value: $15M): Transtech provided full plan review as well as inspection services, the project included a shopping center with an underground garage and 4 total buildings as follows: a one-story 6,600 SF building; a two-story 25,700 SF building, a two-story 4,500 SF building; and, a two-story 43,400 SF building. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Linden Walk Residential Development (Project Value: $18.5M): Transtech provided full plan review as well as inspection services for this development which included 74 Single Family Dwellings. This project is located in Temple City.       Packet Pg. 1216 3. Key Personnel 3.15 Proposal Land Development and NPDES Program Management Services This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Blossom Walk Residential Development (Project Value: $5.7M): Transtech provided full plan review as well as inspection services of for this development which includes 24-unit condominiums and 4 single family homes. This project is located in Temple City. This also included Transtech also provided Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Pacific Plaza (Project Value: $30.3M): Located at 11 S 3rd St (condo) and 300 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes 120 condo units and retail space below. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • The Alhambra (Project Value: $57.8M): Located at 88 S Garfield Avenue, 2 S Garfield Avenue, 100 & 150 E Main St. Transtech provided full plan review as well as inspection services of for this development which includes 260 apartment units, 4-story parking garage, 72,000 sq ft 2-story retail building, 16,730 sq ft 1- story retail building, and 23,000 sq ft 1-story retail building. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Midwick Collection (Project Value: $13M): Located at 2400 S Fremont Avenue. Transtech provided full plan review as well as inspection services of for this development which includes 36 single family dwellings and 28 townhomes. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Casita de Zen (Project Value: $21M): Located at 28 N 3rd St (condo) and 235 W Main St (retail). Transtech provided full plan review as well as inspection services of for this development which includes mixed use project with 92 condos on top, and retail on bottom. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • Main Street Collection (Project Value: $23M): Located at 410 W Main Street. Transtech provided full plan review as well as inspection services of for this development which includes 4-story mixed-use project with 8,200 s ft retail space, 52 condos, 9 live/work units, 19 townhomes, and 6 shopkeeper units. This project is located in Alhambra. This also included Map Check Services, including review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. • City of Alhambra, Civic Center Library Project ($25M): Transtech provided plan check, inspection, construction management and owner representative services, the project included construction of a 45,000 SF Library with an underground parking garage. • 820 Mission Development LLC (Project Value: $10M): Located at 820 Mission St. Transtech provided full plan review as well as inspection services of for this development which includes construction of new office building with one residential unit above, new 15 unit townhome cluster with office fronting Mission Street with one-level subterranean parking, convert existing 3-story industrial building into 9 residential units, construct 13 townhome units. This project is       Packet Pg. 1217 3. Key Personnel 3.16 Proposal Land Development and NPDES Program Management Services located in South Pasadena. • Alta Med Medical Group (Project Value: $4M): Located at 1900 E Slauson Ave. Transtech provided full plan review as well as inspection services of for this development which includes a new mixed-use building of office space and an adult day care with new on grade parking. This project is located in Huntington Park. This also included review of Tentative Parcel Map, Lot Line Adjustment, Perfecting Deed and Final Parcel Map, Off-site Improvements PW Inspection, and Building Inspection Services for this project. AS PART OF THE ROLES AND RESPONSIBILITIES OF A BUILDING OFFICIAL, BELOW IS PARTIAL LIST OF DUTIES AS IT RELATES TO THE ROLE OF CHIEF BUILDING OFFICIAL POSITION: • Manage multiple Building and Safety Departments and staff and provide any other services as may be necessary for administration and enforcement of the California Building Code and related codes, and applicable provisions of the City’s Municipal Code. • Represent City’s as its building official while interfacing with the public and other agencies. • Respond quickly in the event of a local, regional, or national emergency or disaster, as building official. • Read, interpret and analyze plans for major structures. • Visit construction sites and conduct building code inspections when needed as well as conduct job-site evaluations of construction projects for the purpose of monitoring/enforcing compliance with approved plans and code requirements. • Oversee and participate in the management of a comprehensive building department processes. • Oversee, direct, and coordinate the work of building staff. • Participate in the development and administration of the division goals, objectives, and procedures. • Prepare clear and concise administrative and financial reports as it related to the building department. • Work with professional architects, engineers, builders, and the general public with a customer service approach. • Formulate and apply uniform policies and standards for the building inspection programs; formulate, interpret and explain specific building codes, ordinances and administrative orders. • Research regulations, procedures and/or technical materials relating to building codes and enforcement. • Represent the City before other agencies and groups on building inspection and enforcement matters. • Make effective presentations before large and small groups of people. • Coordinate division services with other programs and services within the County and with outside organizations, and agencies. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Research, analyze, and evaluate new service delivery methods and techniques. • Interpret and apply federal, state, and local policies, laws, and regulations. • Communicate clearly and concisely, both orally and in writing.       Packet Pg. 1218 3. Key Personnel 3.17 Proposal Land Development and NPDES Program Management Services ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer, Sr. Level Technical Support Staff Education • BS Civil Engineering • MBA Registration • Registered Civil Engineer • Certified Professional in Erosion & Sediment Control (#4174). CASQA QSD and QSP, July 2010 • Certified Professional in Stormwater Quality (#232) • Trainer of Record for QSD and QSP, California Construction General Permit, CASQA, July 2010 • USGBC LEED Accredited Professional (AP), May 2009 • GIS, and Programming for GIS Certificates: California State Polytechnic University Pomona, 2000 • California Emergency Management Agency, CalEMA, Disaster Safety Assessment Program, SAP, Volunteer #SAP62639. Certified OES SAP Coordinator,2008. Certified CalEMA Trainer for SAP • OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER, 29 CFR 1910.120) • OSHA Confined Space Entry (29 CFR 1910.146). Certified OSHA Supervisor’s Health and Safety training Mr. Mazboudi has 34 years of progressively responsible, diversified experience in public works, engineering, utilities, development engineering, facilities maintenance, sustainability, environmental programs and project management in both the public and private sector, supported by a strong educational background in civil engineering, geographic information systems, water quality/urban runoff, business administration and environmental programs. At Transtech, Mr. Mazboudi has been working as a Sr. Engineer at various Transtech Contact Cities. He has served at various Cities under Transtech’s City Engineering Contracts, including South El Monte, Maywood, and Commerce, and managed Engineering staff and CIP Programs. Mr. Mazboudi has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Mr. Mazboudi’s responsibilities included: • Planned, coordinated, and directed the activities of the Engineering Division; Public Works • Supervised the preparation of designs, specifications, plans, estimates and reports involved in the construction of public works engineering projects, such as storm drains, sewer systems, and water facilities; • Reviewed and approved engineering plans, specification and contract documents; • Analyzed bids and supervises the preparation of contracts; • Provided technical assistance and consults with other departments, agencies, commission, and other bodies on engineering matters; • Prepared reports for the various governing bodies; • Represented City Engineering Division to other City departments, elected officials and outside agencies; • Managed and participated in the development and administration of the Public Works Department and Engineering Division budget and CIP budget; participated in the preparation of and implement budgetary adjustments; • Coordinated Engineering Division activities with those of other departments and outside agencies and organizations; • Presented staff reports at City Council and Commissions Meetings. • Supervised and evaluated subordinate staff; • Responded to citizen inquiries and resolve difficult and sensitive complaints; Mr. Mazboudi’s prior experience includes: City of San Clemente - Public Works Department Deputy Public Works Director/Engineering Manage the Engineering division of the Public Works department, including Development Engineering and encroachment permit section, traffic and transportation section, street and CIP section, CMMS and GIS section. Responsible for the preparation of the City's CIP budget including utilities (water, sewer and drainage), facilities, parks and recreation, street pavement and maintenance, traffic signals. In addition, he was responsible for the preparation of the Engineering Division's operation budget and assisted the Public Works Director in the preparation of the department's operational budget and annual strategies. Manage the City's emergency planning and disaster preparedness and responsible for all EOC operation. Manage the City's traffic division including oversight and approval and recommendation to the City Council of all traffic calming requests and striping modifications, traffic signal projects,       Packet Pg. 1219 3. Key Personnel 3.18 Proposal Land Development and NPDES Program Management Services • Cross Connection Control Specialist and Backflow prevention Devices testing and maintenance training • FEMA Floodplain Manager Certification, 1999, Community Rating System Certificate, CRS, Aug 2010 • Fellow Member ASCE • Diplomate in Water Resources Engineering from the American Academy of Water Resources Highlights • 34 years of past experience in City Public Works • Deputy Public Works Director/ Engineering, City of San Clemente Public Works • Engineering Services Manager, City of Laguna Niguel Public Works • Senior Civil Engineer, Environmental Division Manager, Public Works/Utilities Department, City of San Juan Capistrano • Associate Civil Engineer/Development Engineer, City of Westminster • Assistant Civil Engineer/ CIP, City of La Habra synchronization and bike lane projects. Ensure compliance with all environmental requirements including CEQA/NEPA, NPDES (Stormwater requirements), solid waste and recycling, air quality, floodplain and grants as it relates to CIPs and developments and coordinates with the Utilities department incorporation of Water Quality Management Plans, WQMPs in new developments and inspections. Prepared and acted as project manager on all pavement projects including slurry seals, overlays and reconstruction. City of Laguna Niguel - Public Works Department Engineering Services Manager Plan, direct, manage and oversee the day-to-day operation and activities of the Public Works and Engineering Department, including capital project improvements, traffic and transportation, sustainability and environmental programs, maintenance of facilities, parks, open space and public right of way. Coordinate assigned activities with other City departments and outside agencies. Provide technical and professional assistance to the Public Works Director and act as Director of Public Works and Engineering in his absence. Oversee, review and accept final engineering plans and specifications for public works, private developments, and permits. Select, train, motivate and evaluate department personnel; coordinate staff training; work with employees to correct deficiencies; implement disciplinary procedures. Manage and participate in the development and administration of the department operating and capital improvement budgets. Managed the City’s Environmental division including the stormwater quality program, solid waste/recycling, and wetlands maintenance. Managed the design and construction of the City’s community center building and community pool and site improvements and the construction of bridge and wetland at Crown Valley Park. Managed the construction of the City’s pickle ball courts. Atkins Global Consulting (www.atkinsglobal.com) Assigned under Atkins Contract as Director/Vice Secretary General, Economic Cities Authority, Saudi Arabia Responsible for planning, organizing, directing and coordinating all Planning and Oversight (P&O) Division activities to fulfill the Economic Cities Authority (ECA) obligations for Economic Cities (EC) program development under ECA Board of Director strategies. Provided leadership for the development and maintenance of a high-performance division team. Division included Enterprise Portfolio Management Office, Inspection and code compliance, Urban Planning, Real Estate and Municipal Affairs. Delivered the EC Development Program. Supervised project execution; and ensured the EC development program and projects were delivered to the terms of the ECA and Master Developer contract in compliance with standards of quality, safety, and performance expectations. Reviewed processes and approved efficient operations of the division. Negotiated with master developers on various activities and resolved high level issues. Negotiated with EMAAR, KAEC master developer. City of San Juan Capistrano - Public Works/Utilities Department Senior Civil Engineer/Environmental Division Manager Managed the following programs: • Stormwater/watershed and National Pollution Discharge Elimination System (NPDES) • Sanitary sewer, Fat, Oil and Grease (FOG) program, and California State Waste Discharge Requirements compliance. • Solid waste and recycling. Oversaw the City’s solid waste franchise agreement. • Used oil and household hazardous waste programs • Green Building, sustainability and air quality. Wrote environmental articles       Packet Pg. 1220 3. Key Personnel 3.19 Proposal Land Development and NPDES Program Management Services bi-weekly in local newspapers. • Provided regular presentations on sustainability and environmental programs to local businesses, chamber of commerce, Rotary Club and other local groups. Worked with local businesses to audit and identify opportunities to green the businesses including increase recycling efforts, energy and water conservation. • Floodplain Management, Community Rating System (CRS) and National Flood Insurance Program for compliance with FEMA regulations. • South Orange County Wastewater Authority, (SOCWA) coordination. Represented the City at SOCWA’s Engineering and Technical Advisory Committees. • Member of the South Orange County Joint Regional Water Supply System Team. • Oversee the City’s air quality regulations and all SC AQMD permits • Developed the City’s sustainability charter, solar incentive program and green procurement policy. • Managed the City’s energy conservation program and the development of the City’s energy masterplan. • Supervised the Public Works Permit Processing division, encroachment and transportation permits. • Department safety officer. Developed the City’s Illness and Injury Prevention Plan, IIPP, and a member of the City’s Safety Committee. Member of the City’s EOC team, positions held are Alternate Operations Chief, Utilities liaison and represent the City on the Water Emergency Response of Orange County. City of Westminster- Public Works Department Associate Civil Engineer/Development Engineer Responsible for the review and approval of all developments in the City, including encroachment in the Public Right of Way and issuance of encroachment and transportation permits. Developed and Implemented the City’s GIS system. City of La Habra - Public Works Department Assistant Civil Engineer/Capital Improvement Projects Responsible for developing the City’s 7 Year CIP budget and designing, bidding, construction and project management of the City’s CIP, including paving, sidewalks, water, sewer and storm drain. Issued encroachment and transportation permits and reviewed and provided comments on private developments. Consulting Services - Various private firms, CA Project Manager Managed from bidding through construction grading, paving and concrete work projects. Managed the construction of a 240 townhome construction project. Managed the construction of a flood control channel in Camarillo. Managed the construction various facilities including Azusa Pacific University Performing Art Center, Life Pacific University in San Dimas, Lereta campus in Pomona and others. Special International Projects: US Green Building Council (www.usgbc.org) Egyptian Green Building Council (EGBC) February 2009 Represented the US Green Building Council, to assist in the formation and establishment of the EGBC. Provided lectures on the role of government in       Packet Pg. 1221 3. Key Personnel 3.20 Proposal Land Development and NPDES Program Management Services Green Building and on the US Green Building Program, LEED. USAID International Development Agency (www.usaid.gov) In partnership with USAID and ICMA Kingdom of Jordan Commercial/Industrial Environmental Audit Sep 2009 In partnership with USAID and ICMA, developed a training manual for the audit of commercial and industrial facilities in Jordan. Provided training and lectures to Environmental Ministry staff and local municipalities representatives. Performed audits in Jordan and provided recommendations to the Minister of the Environment and the Minister of Local Government. Academic Position: Adjunct Professor: Goldenwest College, Huntington Beach, CA, October 2012- May 2013 Lectured on and taught Sustainability and Zero Waste for Communities. The course was part of the College Resource Management Program and encouraged the development of students work for cities with an understanding of green and sustainable programs. Professional Affiliations: • County of Orange Stormwater Program, General Permittee Committee Chair: 2004, 2005, 2009-2014 • County of Orange Stormwater Program, Public Education Committee Chair: 2003, 2004, 2005 • County of Orange Stormwater Program Trash and Debris Task Force 2005- 2008, Chair 2009-2014 • Chair of the San Juan Creek Watershed Committee 2005- 2011-2014 • Chair of the South Orange County Team Arundo Committee, 2005-2014 • Chair of the San Juan Capistrano’s Committee on Sustainability and the Environment 2006-2014 • Member of the American Society of Civil Engineers (ASCE) o Secretary of the LA Section 2016-18 o Orange County Past President, 2011-12 o OC Branch President 2010-11 o Vice-President, 09-10 o Treasurer, 2008-09. o Secretary, 2007-08 o Branch newsletter editor, 2007-2008 o OC Legislative Committee Chair 2006-2007 o Member of the Sustainability Committee 2009-10 o National ASCE Committee on Critical Infrastructure (2011-14) • ASCE Fellow • Diplomate in Water Resources Engineering, D.WRE by the American Academy of WRE • California ASCE Disaster Preparedness and Response/Safety Assessment Program Chair,2021, 2009-11, Member of the Cal EMA DSW Committee • Member of the American Public Works Association (APWA), Member of the National Solid Waste Management Committee, 2006- 2011. Member of APWA National Disaster Preparedness Committee 2013-14 • Member of Orange County Chapter, US Green Building Council, USGBC Advocacy Committee 2006-2010 • Represented ASCE on the Presidential Policy Directive on Critical Infrastructure Security and Resilience. Awards: • 2019 ASCE OC Outstanding Civil Engineer in the Public Sector Award. • 2012 South Coast Air Quality Management District “Model Community       Packet Pg. 1222 3. Key Personnel 3.21 Proposal Land Development and NPDES Program Management Services Achievement Clean Air” Award • 2012 ASCE California “Outstanding Branch Officer” Award. Received grade of FELLOW in ASCE • 2011 ASCE “Citizen Engineer”, 2010 ASCE California “Outstanding Civil Engineer in Community Service” • 2009 ASCE OC Sustainability project of the Year award. 2008 APWA project of the Year Award. • 2007 APWA Southern California “NPDES Public education program of the Year Award” • 2005 ASCE “Government Engineer of Merit Award”, nominated “Government Engineer of the Year Award” • 2005 Orange County Engineering Council “Outstanding Environmental Engineering Merit Award” • 2000 City of Westminster “Public Servant of the Year Award” for dedication and excellence Articles, Publications And Speaking Arrangements: • Solid waste articles in the APWA Reporter, 2007, 2008, 2009, 2010. ASCE newsletter, 2006-2010 • Co-Author of The Solid Waste Manager’s Reference guidebook, published by APWA 2009. • Speaker at USGBC conference, “Greening the Orange” 2008, ASCE Speakers series, “Green Civil Engineers ”2008, APWA International Congress, “Zero in on Zero Waste” 2007, Zero Waste Conference 2006 • Speaker at Headwaters Ocean Conference 2013, “Infrastructure Controls in Orange County”.       Packet Pg. 1223 3. Key Personnel 3.22 Proposal Land Development and NPDES Program Management Services MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer, Sr. Level Technical Support Staff Education • MS and BS Civil Engineering Registration • Registered Civil Engineer Highlights • 35 years of past experience in City Engineering • Was Active member of Metro Technical Advisory Committee, Gateway Cities Council of Government Transportation Committee, I-710 Major Corridor Technical Advisory Committee and Gateway Water Management Authorities • Extensive experience in management of Federal, State, Metro and other gran funded Public Works and Pa projects • Extensive experience in preparation of 5 year CIP and annual operating budget and administration • Extensive experience in management and administration of traffic control system, traffic signal synchronization, traffic calming and traffic safety enhancement • NPDES and TMDL Compliance activities Mr. Mostahkami has over 35 years of experience and has worked for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, including for the Cities of • Downey, Public Works Director • South Gate, Sr. Engineer, City Engineer, Public Works Director • Arcadia, Civil Engineer He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. City of Downey, CA Director of Public Works 2014 - 2018 Provided oversight, support and direction of the operation of the Public Works involving engineering, construction, operation and maintenance of water production and distribution, maintenance of sewer lines and storm drains, administration of street sweeping activities and management of solid waste disposal, and weed abatement, the operations of street maintenance, equipment maintenance and facilities upkeep, the operation of the Engineering Division including Traffic Engineering, Office Engineering and Capital Improvements, beverage and oil recycling program, directed the compilation of reports, technical studies and research activities. Prepared the Departmental Annual Budget, review maintenance schedules and methods of performance, directed training activities; promoted safety programs and safe work practices, advised on personnel recruitment and reviewed performance evaluations, , participated in a public Works and other internal and external Committees, Commissions meetings as necessary, conferred with developers, businesses and residents on respective matters, developed short and long range department goals and objectives, policies and procedures, oversaw compliance of City’s NPDES and TMDL compliance regulations , oversaw development and implementation of public improvements associated with developments, participated in various community functions , secured grants from Federal, State, Metro, etc., performed other related duties as assigned,. City of South Gate, CA Director of Public Works/ City Engineer 2010 - 2014 Provided oversight, support and direction of the operation of the Public Works involving engineering, construction, operation and maintenance of water production and distribution, maintenance of sewer lines and storm drains, administration of street sweeping activities and management of solid waste disposal, and weed abatement, the operations of street maintenance, equipment maintenance and facilities upkeep, the operation of the Engineering Division including Traffic Engineering, Office Engineering and Capital Improvements, beverage and oil recycling program, directed the compilation of reports, technical studies and research activities. Prepared the Departmental Budget, reviewed maintenance schedules and methods of performance, directed training activities; promoted safety programs and safe work practices, advised on personnel recruitment and reviewed performance evaluations, performed other related duties as assigned, participated in various community functions and outside Committees, secured grants from Federal, State, Metro, etc. City of South Gate, CA City Engineer 2002 – August 2010 Responsible for day to day operation of the engineering division including planning, directing, organizing, coordinating, supervising, and reviewing the functions, programs and projects of the engineering divisions; assisted in the General Plan       Packet Pg. 1224 3. Key Personnel 3.23 Proposal Land Development and NPDES Program Management Services experience • Secured over $60 million in SR2S, HSIP, Measure R and M Metro Early Action Call for project, AQMD and other grant funds. Circulation Element update, prepared RFQ, RFP and Consultant Agreements, selected, supervised and evaluated consulting services, reviewed subdivision and land developments, addressed citizen complaints and inquiries, coordinated public works activities with other City departments and outside agencies, involved in right of way acquisition for a major intersection widening project, completed CIP projects including but not limited to: streets, sewers lighting, water main replacement and upgrade, wells and reservoirs, drainage system, traffic signal ,etc. participated in various community functions and outside committees, secured Federal , State , and County grants, assumed functions of Director of Public Works during his absence, etc. City of South Gate, CA Assistant City Engineer 2001 -2002 Responsible for planning, directing, organizing and supervising civil engineering work, implementation of CIP projects, preparation of operating budget and CIP, preparation of RFQ, RFP, agreement, resolution, ordinance, agenda reports and recommendations for City Council, securing Federal, State , Metro,… grants; responding to citizen inquiries and concerns, promoting staff development and motivation, review of major development EIR and other CEQA documents, coordinating public works activities with other City departments and outside agencies, participating in selection and training of division personnel, etc. City of South Gate, CA Senior Civil Engineer 1997-2001 Under general direction of the Director of Public Works reviewed and supervised preparation of engineering plans and specifications for construction of public works projects, managed and administered construction contracts, supervised and participated in development of plans, specifications, estimates and work orders for public works construction projects, supervised work of subordinate engineering personnel, prepared reports and recommendations as appropriate, prepared RFQ, RFP and Agreement for Federal and State funded project consultants and prepared public works conditions of approval for multiple residential, commercial and industrial developments. City of Arcadia, CA Assistant City Engineer 1994- 1997 Responsible for : planning, directing, organizing and supervising civil engineering work, NPDES compliance activities, preparation of Pavement Management System, Sewer and Drainage Master Plan, overseeing design and construction inspection of CIP projects, traffic engineering , preparing conditions of approval for development, reviewing tract and parcel maps and development plans, securing and administering various grants, preparing CIP and annual budget, selecting and training of division personnel, preparing agenda reports,… City of Arcadia, CA Senior Civil Engineer 1991 - 1994 Under general direction of the City Engineer and Director of Public Works managed the Engineering Division. Coordinated work with other departments, public and private agencies and consultants. Performed office and field engineering work, prepared special studies and reports for City Council, oversaw capital improvement program and acted as Assistant City Engineer. City of Arcadia, CA Associate Civil Engineer 1989 - 1991 Coordinated engineering work with other departments, public and private agencies and consultants, performed complex professional and technical office and field engineering work, evaluated, developed and implemented various engineering and department procedures, etc.       Packet Pg. 1225 3. Key Personnel 3.24 Proposal Land Development and NPDES Program Management Services City of Arcadia, CA Assistant Civil Engineer 1985 - 1989 Performed professional engineering work in connection with a wide variety of civil engineering projects, prepared plans, specifications and administered various public works projects, reviewed projects to determine scope and preliminary project costs, prepared plans to provide project concept and criteria for field inspection and final estimates, prepared design plans and specifications, contract documents, estimates and reports for streets, sewers and storm drains and performed hydraulic studies for sump pumps and drainage areas.       Packet Pg. 1226 3. Key Personnel 3.25 Proposal Land Development and NPDES Program Management Services KAREN VIGIL, PTP, EIT, Associate Engineer, Office Engineer Support Staff Education • BS, Civil Engineering, Cal Poly Pomona 2013 Registration • Professional Transportation Planner (PTP) • Road Safety Professional (RSP) Highlights • Serves as a Traffic Analysts and Associate Engineer for several Traffic Authorities and Traffic Commissions. • Serves as assistant to City Engineer/Public Works Director preparing budgeting, contract management, staff report writing, and misc. items. • Bilingual in both written and spoken Spanish • Extensive experience in diagram and conceptual preparation for design. • Secured over $15M in federal and state grant funds for various agencies • Completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Ms. Vigil has over 5 years of experience. He has been providing support services on various projects and various Cities under Transtech’s Municipal Engineering Contracts as associate/office engineer. She also coordinates public works encroachment permits, and inspections at the engineering departments at various cities. She has worked in the Public Works Department and Building and Safety Department and assists in the preparation of staff reports, contract administration, RFP preparation, bid analysis, budgeting, traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, parking studies, and responding to requests from Public and City Officials. She also prepares grant applications for transportation related projects including detailed figures, diagrams, and exhibits. Ms. Vigil completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Examples of her project experience includes: City of Commerce (City of Commerce is a Contract City. Transtech serves as City’s Contract Engineering and Building and Safety Department. Transtech staff members serve as City Engineer, City Traffic Engineer, Building Official, CIP Manager, Plan Checker, Inspector). Staff Augmentation, Capital Projects Management Support, Technical and Administrative Support to City Engineer, Public Works Permits Review and Processing, Coordination with Developers and City Departments for the review and processing of Development Projects Applications and Submittals. Public Works Department Experience: As part of Transtech’s Municipal Services, Ms. Vigil worked for one year in the City of Rosemead as assistant to the Public Works Director/City Engineer. Her tasks included the following: • Prepare Staff Reports and Presentations for Council Meetings, Commission Meetings, and Ad-Hoc Committees • Prepare Requests for Qualifications and Proposals (RFQ’s and RFP’s) to hire consultants and outside contractors to perform services for City projects. • Analyze submitted proposals and bids • Prepare staff reports for City Council meetings. • Prepare staff reports for Traffic Commission items. • Participate in City Council and Traffic Commission Meetings. • Participate in the processing of plans for private developments affecting city streets, sewers, drains, and related public works facilities and ensure that they all meet City imposed requirements. Coordinate with other departments such as Planning and Building Department for Plan Checks • Respond to inquiries and requests for information from the general public, contractors, and other agencies. • Prepare memos, letters, and field reports in the course of performing work. • Attend and participate in meetings and conferences with City boards and commissions, City departments, public officials, professional organizations and contractors regarding requirements for public works projects, land development/subdivision projects and other matters relating to areas of assigned responsibilities. • Prepare a variety of reports, correspondence and special studies. Experience in Traffic and Transportation Engineering: As part of Transtech’s Municipal Services Contracts, Ms. Vigil also assists in the preparation of traffic safety       Packet Pg. 1227 3. Key Personnel 3.26 Proposal Land Development and NPDES Program Management Services • Cal OSHA 10 hour Construction Certified and calming studies, stop and signal warrants/studies, traffic impact studies, calming reports, responding to requests from Public and City Officials. She also attends Traffic Commission meetings and assists in presentations of reports. (Cities she was involved include: Temple City, South El Monte, Alhambra, Rosemead, West Covina, Commerce, Monterey Park, Cudahy, San Marino) Experience in Grant Writing: Ms. Vigil also assist in the preparation of grant applications for transportation projects, awarded grants she worked on include: • City of Monterey Park: 2018 ATP-4, Citywide School and xwalk Safety Improvements Project, $1,367,000 • City of Monterey Park: 2018 HSIP Cycle 9, Signal Safety Enhancement Project, $540,000 • City of Alhambra: HSIP Cycle 9, Ped Safety Improvements at Signalized Intersections, $600,000 • City of South El Monte: 2018 HSIP-9, Signal Safety Enhancement Project, $876,000 • City of Commerce: 2018-19 Rubberized Pavement Grant Program (Cal Recycle), $348,600 • City of Commerce: 2016-17 Rubberized Pavement Grant Program (Cal Recycle), $281,400 • City of Rosemead: 2015 Metro Call for Projects, Garvey Avenue Regional Access & Capacity Improvement Project, $2,315,305 • City of Rosemead: 2015 HSIP-7, Installation of HAWK system, Award Amount: $241,300 • City of Monterey Park: 2015 Metro (MTA) Call for Projects, Monterey Pass Road Complete Streets Bike Project, Award Amount: $1,993,627 • City of Alhambra: 2013 Metro (MTA) Call for Projects, Alhambra Ped Improvement/Walking Viability Project on Valley, $323,427 • City of San Gabriel: 2015 HSIP-7, Signal Safety Enhancements Project, $569,800 • City of San Gabriel: 2016 HSIP-8, Install overhead flashing beacon, $270,200 • City of Huntington Park: 2015 ATP-3 Citywide Uncontrolled Crosswalk Pedestrian Safety Enhancement Project, $1,757,000 • City of Huntington Park: 2016(ATP-2, Uncontrolled Crosswalk SRTS Ped Safety, $1,032,000 • City of Cudahy: 2015 ATP-2, Wilcox Avenue Complete Streets and SRTS Project, $1,344,000 • City of Cudahy: 2015 Metro Call for Projects, Cudahy City Wide Complete Streets Improvement Project, $2,134,449 • City of Cudahy: 2015 HSIP-7, Salt Lake Ave Safety Project, $363,180 • City of Cudahy: 2016 ATP-3, Atlantic Ave Bicycle and Ped Enhancement Project, $1,784,000 • City of Pico Rivera: 2016 HSIP-8, Sign Improvements, $696,300 • City of Commerce: 2013 Metro Call for Projects, Commerce Goods Movement Atlantic Blvd: Washington to Como, $631,137 • City of Commerce: 2016-17 Rubberized Pavement Grant Program (Cal Recycle), $281,400       Packet Pg. 1228 3. Key Personnel 3.27 Proposal Land Development and NPDES Program Management Services JULIE ROBBINS, ICC Certified Permit Technician, Permit Process Technical Support Staff EDUCATION • B.A. in Business Administration, Los Angeles Harbor College (current) • BA in Political Science, University of LaVerne • Associate’s in Business Administration; Paralegal Education; Political Science; General Education; SCACEO Code Enforcement Courses, Rio Hondo Community College ICC CERTIFICATIONS • ICC Certified Permit Technician HIGHLIGHTS • Spanish Speaker • CACEO Certified Code Enforcement Officer, CCEO • Certified Hearing Officer • PC832 Modules I, II and III • Microsoft Excel, PowerPoint, Word, Outlook, QuickBase, Access • Notary Public Mrs. Robbins has approximately 34 years of City Government and Building and Safety experience. Mrs. Robbins has been working in Transtech’s Building and Safety department in various contract cities performing various clerical and technical duties in support of Building Inspections, Plan Checkers, and the Building Official. Some of her duties include representing the Code Enforcement, Permit Processing, and Building profession. She is highly organized, and proficient in record keeping, tracking and report writing. Mrs. Robbins is also proficient in Parking Citation Enforcement, Administrative Citations and as a Hearing Officer as well as a Municipal Building Permit Technician; and in Short Term Rental Enforcement and investigations. She can provide leaderships skills and build and maintain professional internal and external partnerships with her peers and community. She is proficient in all Building Department functions, including Permit Technician, Plan Check routing and submittal, Program Management and the following Code Enforcement programs: Medical Marijuana enforcement, Weed Abatement, Property foreclosures, and the Vehicle Abatement (AVA) Program. She is also highly skilled in field investigations, various computer programs, administrative duties and Code Enforcement tracking systems. This program is still in place today. She is currently continuing her education to obtain her bachelor’s degree, and she takes every opportunity to obtain knowledge that will make her more successful in her career and an asset to her employer, through ICC and CALBO. Prior to working for Transtech Engineers Mrs. Robbins worked for the Orange County Public Works Department. Knowledge of Building and Safety Procedures: • Procedures and techniques of permit processing and process for plan review and inspection. • Building and zoning codes and ordinances enforced by the city. • Customer Service principles and practices including conflict resolution. • Processes for compiling and analyzing data for special projects. • Effectively communicate clearly and concisely, both orally and in writing. • Interpret and explain policies and regulations accurately and tactfully to the public. Previous Experience Management Analyst (Through HR Green California Inc.) Some of her responsibilities included handling the day to day operation of the DPC in processing and routing plans and planning checks and permits for issuance. During her time there, Mrs. Robbins also helped enforce the Municipal Code for various municipalities that for HRGreen California, Inc. and supervised the Program Management and Code Enforcement Officers. She has also worked for numerous California cities in which she performed administrative and parking citation hearings for appellants contesting parking citations or administrative citations issued by the cities. She has conducted research and used her expertise in enforcing the Municipal Code to ascertain where citations were being administered justifiably by the jurisdictions. Mrs. Robbins was instrumental in developing the Code Enforcement POST Certified, Education System which trains Code Enforcement Officers throughout the State of California in their job functions through CACEO (formally SCACEO). Her duties as Permit Technician and Code Enforcement officer has serviced over ten cities, two counties, and four private corporations. Hearing Officer (Various Jurisdiction) Perform Administrative and Parking Citation Hearings for Appellants contesting parking citations or Administrative Citations issued by the Cities. Conduct research, and use her expertise in enforcing the Municipal Code, to ascertain whether Citations are being administered justifiably by the jurisdictions. The Hearings relate to Parking, Building and Safety, and Zoning violations. Presently conduct Hearings, via telephone, in person or in writing, and administer all administrative work for       Packet Pg. 1229 3. Key Personnel 3.28 Proposal Land Development and NPDES Program Management Services several jurisdictions, such as the following: • City of Garden Grove • City of Placentia • City of Whittier • City of Ventura • City of Corona • City of Norco • City of Claremont • City of Glendora • City of Yorba Linda • City of Santa Clara • City of San Fernando • County of Riverside Code Enforcement and Animal Control • And other jurisdictions as needed Permit technician Duties, Code Enforcement and Administrative duties for the following jurisdictions and employers (1986-2012). 30-year career as a Code Enforcement Officer, at various jurisdictions, has given me the experience, networking and compassion for the job. I have had the privilege of working with, and for, some very exemplary employees and Municipalities • County of Orange • Garden Grove • Laguna Hills • City of Downey • City of Arcadia • City of Manhattan Beach • City of Los Alamitos • County of Los Angeles • City of Desert Hot Springs • City of Lawndale • City of Jurupa Valley • City of Laguna Hills • Berryman & Heniger • JAS Pacific • RKA Civil Engineers • HRGreen, California, Inc.       Packet Pg. 1230 3. Key Personnel 3.29 Proposal Land Development and NPDES Program Management Services ALI CAYIR, PE, Sr. Engineer Education • BS Engineering • MBA • Project/Construction Management, UC Irvine Registration • Registered Civil Engineer • Licensed Gen Contractor A • Licensed Gen Contractor B Highlights • Over 35 years of experience in City Engineering. • Served as contract City Engineer, Interim PW Director, City Traffic Engineer for many Cities. • Extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). • Served as Resident Engineer on several Federally Funded Projects. Mr. Cayir has over 35 years of experience in engineering. He has participated on numerous multi-disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He served as Principal Project Manager for the design, construction and management of a variety of projects, including: • Public Works and Infrastructure Improvements • Educational and University Campuses • Institutional • Commercial and Retail • Transportation and Parking Facilities • Residential and Master Community Development Mr. Cayir served as contract City Engineer, Traffic Engineer and Interim Public Works Director for many municipalities in Southern California. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Construction Management Experience Mr. Cayir has served as CM, PM, RE for numerous construction projects. He has extensive experience in Federally Funded Projects. Mr. Cayir also served as contract City Engineer for many municipalities. Some of the significant projects where Mr. Cayir served as CM/PM/RE/Project Principal include: • Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce/Caltrans ($40m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The project includes widening and reconstruction of 2.7 miles of Roadway (including approx. 3,500 tons rubberized AC overlay). The project is federally funded and being managed in compliance with Caltrans Local Assistance Procedures Manual. • Rosemead Boulevard Improvements Project, City of Tempe City (Federally Funded) ($20m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The project included widening and reconstruction of 2 miles of roadway (including approx. 6,000 tons rubberized AC overlay). The project was federally funded and managed in compliance with Caltrans Local Assistance Procedures Manual. • Cactus Avenue and Nason Street Improvements and 135’ Span Bridge Project, City of Moreno Valley ($21m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The funding included State Local Partnership Program (SLPP) grant and was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Rte 71/Mission Bl Grade Separation Project (Federally Funded) City of Pomona ($40m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Caltrans was the oversight/jurisdictional Agency. • City of Commerce, Rosewood Community Center. Transtech was retained by the City to take over the management of this multimillion dollar facility which was 2 years behind schedule. Within 5 months, Transtech brought the construction to substantial completion level allowing the City to start the move- in process, and 2 months after, the facility was opened to public use. Currently, Transtech is assisting the City in claims analysis and change order resolution. Construction Cost: $15m. • Ontario Great Park DB (Design-Build Project). ($45M). The project is being delivered under DB delivery. Transtech is City’s Owner’s       Packet Pg. 1231 3. Key Personnel 3.30 Proposal Land Development and NPDES Program Management Services Representative/Program Manager • City of Alhambra Downtown Revitalization Program: Involved 11 projects, including Renaissance Plaza (multi-plex theater, public plaza with fountain and unique art features, restaurants, retail, 800 space parking structure), Fremont Plaza (modifications/reconstruction of existing buildings for lease by ToysRUs and Party City, construction of a new 30,000 SF store for PetSmart, and various other retail buildings) and Downtown Revitalization (modification/upgrade of existing buildings for Starbucks, 4 Restaurants and various retail businesses), 4 parking structures. (Cost: $80m). Civil Engineering Experience • CSUSB (Cal State SB University) San Bernardino Main Access Road: Prepared PS&E and provided construction administration for the project. Cost $5m. • I-710 Freeway Interim Improvements and Fremont Widening and Reconstruction: Transtech provided Turn-key Services, including Program Management, Construction Management, Design, Surveying, Right-of-Way Engineering, and Environmental. The project included major roadway improvements, removal/demolition of various buildings for additional right-of- way and reconstruction of buildings behind new right-of-way, traffic signals, infrastructure, utilities, pavement, drainage, water, sewer, landscape, street lighting, traffic signal, pavement improvements. Project was funded by Federal Funds, and was managed and inspected in compliance with Caltrans Local Assistance Procedures Manual. (Cost $15m). • University Park Development/San Bernardino: The project included 2 miles of new roadway, sewer, water, utility and extensive hill side grading for a master planned residential and commercial development on 130-acre site across from the San Bernardino State University. Cost $40m. • Valley Boulevard Widening and Reconstruction project which is funded by State and Federal funds and required complete project and environmental report, including Right-of-Way, Relocation, SHPO, NEPA, SEQA, Noise, Parking, Economic, Hazardous Materials technical studies, and processed through Caltrans and FHWA. Construction cost ($6m). • Carlsbad to San Diego Rail Trail Project Report, which is funded by State and Federal funds and required complete project and environmental report, including Right-of-Way, Relocation, SHPO, NEPA, SEQA, Noise, Parking, Economic, Hazardous Materials technical studies, and processed through Caltrans and FHWA. • Alameda Corridor Agency East (ACE) Rail Grade Crossing Improvement Project encompassing 6 agencies and 14 locations in Los Angeles County. Work involved roadway realignment and reconstruction, signalization, traffic control, and construction phasing as well as related improvements such as storm drain, water, sewer landscaping, underground utilities, etc. Cost $5,000,000. Traffic Engineering Experience • Design and management of a variety of traffic and transportation engineering projects, including traffic signals (more than 1000 locations), traffic signal interconnect system, street lighting, traffic control, signing and striping design; signal timing and coordination studies; traffic signal management studies; traffic safety projects (OTS) including traffic control device inventories and speed surveys; traffic impact and parking studies for more than 100 projects; and feasibility studies for traffic control measures, freeway access, bikeways and street improvements. Mr. Cayir has also served as consultant Traffic Engineer for various agencies in Southern California.       Packet Pg. 1232 3. Key Personnel 3.31 Proposal Land Development and NPDES Program Management Services 6. Project Organization Chart CITY DESIGNATED STAFF MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Principal/Supervising Program Manager AARON MLYNARSKI, Office Engineer Support DENNIS TARANGO, CBO, ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff DAVID RAGLAND, PE, PLS, QSD, QSP, QISP, Sr. Engineer, Sr. Level Technical Support Staff AYLA JEFFERSON, CBO, CSP ICC Certified Building Official, Plans Examiner, Inspector, Sr. Level Technical Support Staff ZIAD Y. MAZBOUDI, PE, QSD, QSP, CPSWQ, CPESC, LEED AP, D.WRE, Sr. Engineer, Sr. Level Technical Support Staff MOHAMMAD MOSTAHKAMI, PE, Sr. Engineer, Sr. Level Technical Support Staff KAREN VIGIL, PTP, EIT, Associate Engineer, Office Engineer Support Staff JULIE ROBBINS, ICC Certified Permit Technician, Permit Process Technical Support Staff Transtech has a large pool of well experienced staff and resources readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner. Our staff and resources include approximately 200, including building officials, plan checkers, inspectors, permit technicians, engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, support personnel. Contract Principal Ali Cayir, PE       Packet Pg. 1233 Proposal Section 4 Relevant Experience Proposal Land Development and NPDES Program Management Services       Packet Pg. 1234 4. Relevant Experience 4.1 Proposal Land Development and NPDES Program Management Services 4. Relevant Experience Following are examples of few municipal service contracts representative of Transtech’s experience in the requested services: CITY OF ALHAMBRA (Year started and completed: 1993 – Ongoing Service) Contact: Andrew Ho, Community Development Director; T: 626-570-5041; E: andrewho@cityofalhambra.org Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF SOUTH PASADENA (Year started and completed: 1999 – Ongoing Service) Contact: Angelica Frausto-Lupo, Community Development Director; T: 626-403-7222; E: afraustolupo@southpasadenaca.gov Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection) CITY OF TEMPLE CITY (Year started and completed: 2012 – Ongoing Service) Contact: Bryan Cook, City Manager; T: 626-285-2171; E: bcook@templecity.us Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF MONTEREY PARK (Year started and completed: 2013 – Ongoing Service) Contact: Ron Bow, City Manager; T: 626-307-1255; E: rbow@montereypark.ca.gov Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF WEST COVINA (Year started and completed: 2019 – Ongoing Service) Contact: David Carmany, City Manager; T: 626-939-8401; E: dcarmany@westcovina.org Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF COMMERCE (Year started and completed: 2003 – Ongoing Service)       Packet Pg. 1235 4. Relevant Experience 4.2 Proposal Land Development and NPDES Program Management Services Contact: Vilko Domic, Assistant City Manager; T: 323-722-4805; E: vilkod@ci.commerce.ca.us Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection); City Engineering Services; Traffic Engineering; CIP Management; Federally Funded Project Management; Engineering Design; Public Works Permit Inspections; Map Check. CITY OF AZUSA (Year started and completed: 2019 – Ongoing Service) Contact: Sergio Gonzalez, City Manager; T: 626-812-5239; E: sergio.gonzalez@azusaca.gov Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection) CITY OF BELL (Year started and completed: 2015 – Ongoing Service) Contact: Manuel Acosta, Community Development Director, T: (323) 588-6211, E: macosta@cityofbell.org Services Provided: Building & Safety Services (Building Official, Plan Check, Inspection) Please see reference letters on following pages from above references:       Packet Pg. 1236 4. Relevant Experience 4.3 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1237 4. Relevant Experience 4.4 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1238 4. Relevant Experience 4.5 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1239 4. Relevant Experience 4.6 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1240 4. Relevant Experience 4.7 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1241 4. Relevant Experience 4.8 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1242 4. Relevant Experience 4.9 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1243 4. Relevant Experience 4.10 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1244 Proposal Section 5 Quality of Proposal Proposal Land Development and NPDES Program Management Services       Packet Pg. 1245 5. Quality of Proposal 5.1 Proposal Land Development and NPDES Program Management Services 5. Quality of Proposal 1. Proposal contains all minimum required items and is in proper format 2. All forms, including addenda (if any) have been completed and signed 1. Proposal contains all minimum required items and is in proper format Our proposal contains all minimum required items and is in proper format. Our proposal includes information listed in RFP under “Proposal Content”, and is formatted per the sections listed in the RFP under “Proposal Format”, as listed below: Proposal Content: A responsive proposal shall contain the following documentation: 1. Cover Letter- Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Understanding of Need- Proposal shall include an outline which demonstrates the firm’s understanding of the project goals and objectives and scope of work, and most of all, familiarity with the existing condition and needs. This outline should include the firm’s anticipated approach toward providing required services, tasks necessary for its successful completion, and suggestions or special concerns of which the City should be made aware. 3. Scope of Services- Proposal shall include a Scope of Services which details the consultant’s approach towards completing the project, work phases, the tasks to be accomplished and the deliverables to be provided, based upon the requested Scope of Services included in this RFP. 4. QA/QC Plan- Provide QA/QC plan to ensure quality control for the duration of the project which shall include maintaining organization and communication over the entire project team, cost and schedule monitoring and constructability review of project plans, specifications and estimates upon their completion. 5. Key Personnel- Consultants shall list key personnel as well as subconsultants, if any, they propose to use on their respective project team. Resumes, limited to one page maximum, shall be included for each key personnel and subconsultant(s). In addition, this section of the proposal shall include a project organization chart with each key individual and subconsultant(s) listed by position or title. Furthermore, a table shall be included listing each key individual and subconsultant(s) by position or title along with percentage of each individual’s and subconsultant’s time (by percentage) to be devoted to this project. 6. Relevant Experience- This section of the proposal shall include a list of at least three (3) relevant or similar projects completed by the project team within the past five years. Each project included shall have a description of the project, name of the client, reference representing client who can be contacted regarding the project along with contact information, year completed and total project cost. 7. Fee Proposal- The consultant’s fee proposal shall be submitted concurrently with the technical proposal. The fee proposal shall include a competitive fee which outlines the hours to complete the scope of services along with personnel to be involved in the project with the number of hours by personnel to be assigned by task and hourly rate.       Packet Pg. 1246 5. Quality of Proposal 5.2 Proposal Land Development and NPDES Program Management Services Our proposal includes all information listed in RFP under “Proposal Content”, which is recited above. Proposal Format: Proposal shall, at a minimum, contain a detailed Scope of Services and be formatted to include the following sections. The basis of consultant selection for this project will be based on the following criteria: 1. Perception Approach 2. Methodology 3. Key Personnel- This section of the proposal shall be formatted as follows: 4. Relevant Experience- T 5. Quality of Proposal 6. Budget/Fee- Our proposal is formatted per the sections listed in the RFP under “Proposal Format”, which is also recited above. 2. All forms, including addenda (if any) have been completed and signed All forms, including addenda (if any) have been completed and signed.       Packet Pg. 1247 5. Quality of Proposal 5.3 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1248 5. Quality of Proposal 5.4 Proposal Land Development and NPDES Program Management Services       Packet Pg. 1249 5. Quality of Proposal 5.5 Proposal Land Development and NPDES Program Management Services Our proposal is emailed to Pan_Su@sbcity.org with cc to Hernandez_Da@sbcity.org       Packet Pg. 1250 Proposal Section 6 Budget / Fee Proposal Land Development and NPDES Program Management Services       Packet Pg. 1251 6. Budget / Fee 6.1 Proposal Land Development and NPDES Program Management Services 6. Budget / Fee Staff time will be allocated as needed / as requested by the City. Sr. Level Staff: Sr. Level staff is anticipated to provide approx. 2 days on site support and 2 to 3 days off site support per week. Lower Level Support Staff: Other technical support staff is anticipated to provide approx. 2 to 3 days on site support and 2 days off site support per week. Invoicing will be based on actual hours per Transtech current hourly rates in effect at the time service is provided. Please see below for Transtech’s current Hourly Rate Schedule for all staff classifications.       Packet Pg. 1252 6. Budget / Fee 6.2 Proposal Land Development and NPDES Program Management Services Field Technician $80 -$90 Labor Compliance Analyst $140 -$145 Engineering Technician $90 -$100 Funds Coordinator $145 -$155 Assistant CAD Drafter $100 -$115 Office Engineer $140 -$150 Senior CAD Drafter $115 -$130 Construction Inspector $135 -$145 Associate Designer $130 -$145 Senior Construction Inspector $145 -$155 Senior Designer $145 -$160 Construction Manager $155 -$175 Design Project Manager $180 -$190 Resident Engineer $175 -$190 Assistant Engineer $110 -$120 Associate Civil Engineer $135 -$145 Public Works Inspector $135 -$145 Senior Civil Engineer $190 -$210 Senior Public Works Inspector $145 -$155 Traffic Analyst Technician $95 -$105 Supervising PW Inspector $155 -$165 Associate Traffic Analyst $140 -$150 Senior Traffic Analyst $150 -$160 Survey Analyst $140 -$145 Professional Transportation Planner $160 -$175 Senior Survey Analyst $145 -$150 Traffic Engineer Technician $90 -$100 2-Man Survey Crew $330 -$340 Associate Traffic Engineer $135 -$145 Survey & Mapping Specialist $175 -$185 Traffic Engineer $160 -$175 Licensed Land Surveyor $200 -$210 Senior Traffic Engineer $175 -$195 Project Manager $175 -$195 Funds Analyst $140 -$145 Senior Project Manager $195 -$215 Senior Funds Analyst $145 -$155 Deputy City Engineer $160 -$180 Grant Writer $160 -$170 City Engineer $180 -$195 Funds & Grant Project Manager $180 --$190 Principal Engineer $195 -$215 Community Development Technician $75 -$85 Permit Technician $70 -$80 Planning Technician $85 -$95 Plan Check Technician/Analyst $100 -$120 Assistant Planner $95 -$115 Building Inspector $120 -$125 Associate Planner $115 -$135 Senior Inspector $125 -$135 Senior Planner $135 -$160 Plans Examiner/Checker $135 -$150 Planning Manager $160 -$180 Plan Check Engineer $150 -$160 Deputy Building Official $150 -$160 Administrative/Clerical $65 --$75 Building Official $160 -$170 Project Accountant $75 --$85 TRANSTECH ENGINEERS, INC. SCHEDULE OF HOURLY RATES Effective through June 30, 2023 Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City. The above fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. FUNDING & GRANT WRITING PLANNING ADMINISTRATIVE STAFF SURVEY AND MAPPING PUBLIC WORKS INSPECTION BUILDING & SAFETY ENGINEERING CONSTRUCTION MANAGEMENT       Packet Pg. 1253 -1- AMENDMENT NO. 1 TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING This Amendment No. 1 to the On-Call Professional Services Agreement for is made and entered into as of May 3, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Willdan Engineering, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated November, 16, 2022 for the purpose of providing on-call engineering services (the “Master Agreement”). B. WHEREAS, the Parties now desire to amend the Master Agreement in order to clarify the not-to-exceed compensation terms of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Amendment to Section 4(b) of the Master Agreement. Section 4(b) of the Master Agreement shall be amended in its entirety to read as follows: “b. The total amount paid for services rendered by Consultant under this Agreement shall not exceed the sum of $50,000 per assigned Task Order unless approved by the City Council. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.” 3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.       Packet Pg. 1254 -2- 4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Charles E. McNeely Interim City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT WILLDAN ENGINEERING Adel M. Freij, PE Director of City of Engineering       Packet Pg. 1255       Packet Pg. 1256 Negotiation Period) attached to this Agreement as Exhibit `B" and which is incorporated into this Agreement by this reference ("Project"); and I The Parties agree that the exploration of a form based zoning code for the development of the Project will lead to the greatest likelihood of successful development of the Property. City and Developer will work together to develop such a code for the Property. Developer will also be an actively involved stakeholder in the City lead development of a form based zoning code as part of the Downtown Specific Plan currently being prepared by the City; and J The intent of both the City and the Developer in entering into this Agreement is to establish a specific, limited period of time to negotiate regarding a future agreement between them governing the potential acquisition of the Property and development of the Project on the Property, all subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated and documented in a future disposition and development agreement ("DDA") The Parties agree and acknowledge that Developer may act as a Master Developer for the Property and, as such, the Developer is not anticipated to develop the 43 acre site itself. NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS: 1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 2. Deposits. a) Not later than three (3) business days following the Effective Date (as defined below) of this Agreement, the Developer shall provide to the City a deposit in the amount of One Hundred Thousand Dollars ($100,000) in immediately available funds ("Initial Deposit") to ensure that the City and Developer will proceed diligently and in good faith to fulfill their respective obligations under this Agreement during the Negotiation Period (as defined in Section 3(a)), and as part of the consideration for the City's agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the City incurred on or after the Effective Date in pursuing the contemplated negotiations with the Developer during the Negotiation Period. The City shall provide Developer with a summary of costs charged against the Initial Deposit (and, if applicable, the Extension Deposit) in sixty (60) day intervals after the Effective Date. Said summaries of costs shall be for informational purposes only and the Parties agree that the Deposit shall be used in the City's discretion in furtherance of the negotiations and development of the Project. At the termination of this Agreement, any remaining funds shall, at the Developer's option, either be applied to the purchase price or returned to the Developer within thirty (30) days after request from Developer. Developer acknowledges that the Initial Deposit shall be in addition to those fees and expenses required by the City for any permit, other required entitlement or Project processing. A portion of the Initial Deposit in an amount equal to One Hundred Dollars ($100) shall immediately become non-refundable upon Developer's transfer of the 5097426.1 - L853.1 55600.00808133977464.8       Packet Pg. 1257 Initial Deposit to the City under this Agreement as consideration for the City's agreement not to negotiate with other persons during the Negotiation Period. 3. Term of Agreement. a) - The rights and duties of the City and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred (the Effective Date"): (1) execution of this Agreement by the authorized representative(s) of the Developer and delivery of such executed Agreement to the City, (2) payment of the Initial Deposit to the City by the Developer, in accordance with Section 2(a), (3) approval of this Agreement by the City governing body and execution of this Agreement by the authorized representative(s) of the City, and (4) delivery of such fully executed Agreement to the Developer, the exact date of which shall be mutually agreed to by the Parties promptly after Developer's receipt of the fully executed Agreement from the City as evidenced in writing signed by their respective authorized representatives. The City shall deliver a fully executed counterpart original of this Agreement to the Developer, within ten (10) calendar days following the City governing body's approval of this Agreement, and the execution of this Agreement by the authorized representative(s) of the City. This Agreement shall continue in effect for the period of One Hundred Eighty (180) consecutive calendar days immediately following the Effective Date ("Negotiation Period"), subject to the limitations of Sections 3(b). During the Negotiation Period, the Parties shall work collaboratively in good faith to develop and agree upon a DDA. b) The Parties, by written agreement of the Developer and the City Manager of the City (the "City Manager"), may extend the Negotiating Period for up to two (2) additional periods of ninety (90) days each. The term "Negotiating Period" as used herein shall include any extensions of such Negotiating Period pursuant to this Section. c) Upon each extension of the Negotiation Period, if any, the Developer shall provide to the City an additional deposit of Fifty Thousand Dollars ($50,000) in immediately available funds on the first day of any extension of the Negotiation Period (each, an "Extension Deposit"). Each Extension Deposit is intended to ensure that the Parties will proceed diligently and in good faith to fulfill the obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City's agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City. Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed Three Hundred Sixty (360) consecutive calendar days from the Effective Date. d) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period (as the same may be extended). Notwithstanding the foregoing, if before this Agreement expires, both the City and the Developer approve and execute a DDA acceptable to both the City and the Developer, in their respective sole and absolute discretion, then this Agreement will terminate on the effective date of such DDA. e) If during the term of this Agreement the City receives a Notice of Violation NOV") or similar communication of non-compliance with the provisions of the SLA from the California Department of Housing and Community Development ("HCD") related to compliance 5097426.1 - L853.1 55600.00808133977464.8       Packet Pg. 1258 with the SLA, the City shall return the Initial Deposit to the Developer and the term of this Agreement shall be tolled until: the date of the NOV determines the City has complied with the terms of the SLA, at which point the Developer shall immediately return the Initial Deposit to the City. If the SLA issues are resolved to the City and Developer's reasonable satisfaction then the term of this Agreement shall recommence and the number of days that the Agreement was tolled shall be extended to the Initial Term. 4. Obligations of Developer. During the Negotiation Period, and pursuant to the attached Milestone Schedule (Exhibit C) in furtherance of the creation of a DDA, Developer shall proceed diligently and in good faith to develop and present to City staff and, subsequently, to the City governing body, for review, of the following: a) A proposed complete conceptual development plan for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings; b) Proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate the Project on the Property, including working with the City's planning consultants on a form based development zoning code specific to the Property and participating as a stakeholder in the development of the overall downtown specific plan development; c) A list of potential users or tenants for the Property, as developed with the Project; d) A proposed time schedule and cost estimates for the development of the Project on the Property; e) A proposed financing plan identifying financing sources for all private and public improvements proposed for the Project; and f) A preliminary financial analysis demonstrating the costs and benefits to the City regarding all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by the Project. g) During the Negotiation Period, Developer shall not make or commit to making any political contributions to the City's legislative governing body. 5. Negotiation of DDA. a) During the Negotiation Period, each of the City and Developer shall proceed to work diligently and in good faith to negotiate a DDA between them. The City and Developer shall generally cooperate with each other, including, without limitation, making themselves available to meet and discuss the Project and any other matters pertaining to the development of the Property such as evaluating existing municipal infrastructure and water facilities to facilitate future development and supply such available documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. 5097426.1 -- L853.1 55600.00809\33977464.8       Packet Pg. 1259 b) Both the City and Developer shall exercise commercially reasonable efforts to complete discussions relating to the terms and conditions of a DDA and such other matters, as may be mutually acceptable to both the City and Developer, in their respective sole discretion. The exact terms and conditions of a DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall.be interpreted or construed to be a representation or agreement by either the City or Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that may be negotiated by City staff and Developer will be approved by the City governing body. Developer acknowledges and agrees that the City's consideration of any DDA is subject to the sole and absolute discretion of the City governing body and all legally required public hearings, public meetings, notices, factual findings and other determinations required by law. c) The City and Developer shall meet during the Negotiation Period to discuss appropriate development issues including approaches to appraising the Property for purposes of setting the fair market value price of the Property. 6. Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement. a) The qualifications and identity of Developer and its principals are of particular concern to the City. It is because of these qualifications and identity that the City has entered into this Agreement with Developer. During the Negotiation Period, no voluntary or involuntary successor -in -interest of Developer shall acquire any rights or powers under this Agreement, except as provided in Section 6(c). b) Developer shall promptly notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in Control as defined in Section 6(d)) of Developer, as well as any and all changes in the interest or the degree of Control of Developer by any such person, of which information Developer or any of its shareholders, partners, members, directors, managers or officers are notified or may otherwise have knowledge or information. Upon the occurrence of any significant or material change, whether voluntary or involuntary, in ownership, management or Control of Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the City, which approval shall not be unreasonably withheld, prior to the time of such change, the City may terminate this Agreement, without liability to Developer or any other person and refund any remaining deposit funds provided by Developer to the pursuant to Section 2(a), above, by sending written notice of termination to the Developer, referencing this Section 6(b). c) Developer may assign its rights under this Agreement to an Affiliate (as defined in Section 6(d)), on the condition that such Affiliate expressly assumes all of the obligations of Developer under this Agreement in a writing reasonably satisfactory to the City, and further provided that Developer shall at all times, control any such Affiliate and be responsible and obligated directly to the City for performance of the Developer's obligations under this Agreement. 5097426.1 - L853.1 55600.00808133977464.8       Packet Pg. 1260 d) For the purposes of this Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with the Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the purposes of this Agreement, "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of equity interests, by contract, or otherwise. e) Notwithstanding the provisions of this Section 6, Developer shall have the right to bring in one or more participating developers, subject to the City's approval, which shall not be unreasonably withheld, conditioned or delayed; provided that Developer maintains a controlling interest in the Project. 7. Obligations to Review Draft Agreements and Attend Meetings. a) During the Negotiation Period, the Parties shall establish a schedule for in person/virtual meetings as may be necessary to meet the deadlines for preparing and executing a DDA within the Negotiation Period. Each Party shall diligently review and promptly comment on draft versions of a DDA provided by the other Party and, if the terms and conditions of such a DDA are agreed upon between City staff and Developer, Developer shall submit the DDA fully executed by the authorized representative(s) of Developer to the City Manager for submission to the City governing body for consideration. Any future DDA shall consist of terms and conditions acceptable to both Developer and the City governing body, in their respective sole and absolute discretion. b) During the Negotiation Period, Developer shall also keep City staff advised on the progress of the Developer in performing its obligations under this Agreement, on a regular basis, but no less than monthly, or as requested by City staff, including, without limitation, having one or more of Developer's employees or consultants who are knowledgeable regarding this Agreement, the design and planning of the Project and the progress of negotiation of a DDA, such that such person(s) can meaningfully respond to City and/or City staff questions regarding the progress of the design and planning of the Project or the negotiation of a DDA, attend both: (1) periodic meetings with City staff, as reasonably scheduled and requested by City staff during the Negotiation Period, and (2) meetings of the City governing body, when reasonably requested to do so by City staff. c) The Parties agree that keeping the public informed of the progress being made on the Project is important to the overall success of the Project. In furtherance of the above: i) Developer shall provide City staff with biweekly reports summarizing Developer's activities in relation to the Project which staff will share with the Council and, when appropriate disseminate to the public through the media or social media outlets, and place on the City's webpage dedicated to the Downtown Specific Plan project. ii) City shall keep Developer reasonably and timely advised of pertinent developments affecting the Project. iii) The Parties agree that public presentations will be made jointly or if individually then with the knowledge of the other Party. 5097426.1 -- L853.1 55600.00808\33 977464.8       Packet Pg. 1261 8. Developer to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in Developer's discretion, regarding any matter relating to a DDA, the Property or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City. Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City of any and all applications and other documents and information to be submitted to the City by Developer pursuant to this Agreement or otherwise associated with the Project. The City shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by Developer in pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation Period, whether or not this Agreement is, eventually, terminated or extended or a DDA is entered into between the City and Developer, in the future. 9. City Not To Negotiate With Others. During the Negotiation Period, the City and City staff shall not negotiate with any other person regarding the sale or redevelopment of the Property. The term "negotiate," as used in this Agreement, means and refers to engaging in any discussions with a person other than Developer, regardless of how initiated, with respect to the availability of the Property or that person's redevelopment of the Property, without Developer's prior written consent. Developer acknowledges that City may receive and retain unsolicited offers regarding redevelopment of the Property, but the City shall not entertain any offer or negotiate with the proponent of any such offer during the Negotiation Period; provided, however, that the City shall notify such proponent that it is a party to this Agreement and, provided, further, that the City shall disclose and promptly provide to Developer copies of any such unsolicited offers. Developer acknowledges that the City is a public agency and subject to the provisions of the California Public Records Act, Government Code Section 6254, et. seq. (the "Act"). The City shall inform Developer of any request for information received pursuant to the Act and shall not disclose any financial or other information marked or otherwise designated as confidential without first notifying Developer and providing Developer with reasonable notice of the request. If Developer believes the information requested is confidential, Developer may pursue a court order preventing the release of the requested information, and the City shall refrain from disclosing the information pending the court's determination. In such case, Developer shall defend, indemnify and hold the City, its officers, officials, agents, and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages, whether actual, alleged, or threatened, arising out of or in any way attributable to a request related to or a claim under the Act. 14. Acknowledgments and Reservations. a) Except as otherwise provided in this Agreement, the City and Developer agree that, if this Agreement expires or is terminated for any reason, or a future DDA is not 5097426.1 -- LS53.1 55600.00808\33977464.8       Packet Pg. 1262 approved and executed by both the City and Developer, for any reason, neither the City nor Developer shall be under any obligation, nor have any liability to each other or any other person regarding the sale or other disposition of the Property or the redevelopment of the Project or the Property; provided, however, that in the event this Agreement terminates, the City shall return to Developer within ten (10) business days of such termination (i) any and all deposits due to be refunded pursuant to Section 2 of this Agreement. b) Developer acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from Developer for the City to convey any estate or interest in the Property to Developer or for the City to provide any financial or other assistance to Developer for redevelopment of the Project or the Property. c) Developer acknowledges and agrees that Developer has not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the City. d) Certain development standards and design controls for the Project may be established between Developer and the City, but it is understood and agreed between the City and Developer that the Project and the redevelopment of the Property must conform to all City and other applicable governmental development, land use and architectural regulations and standards, except as may otherwise be provided in the DDA. Drawings, plans and specifications for the Project shall be subject to the approval of the City through the standard development application process for projects of this nature. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by the City. e) The City reserves the right to reasonably obtain further available information and data to ascertain the ability and capacity of the Developer to acquire or lease, develop and operate the Property and/or the Project. The Developer acknowledges that it may be requested to make certain financial disclosures to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City relating to the potential sale of the Property and redevelopment of the Project on the Property by the Developer and that any such disclosures may become public records. The City shall maintain the confidentiality of financial information of the Developer to the extent allowed by law, as determined by the City Attorney. If, however, any individual for privacy reasons chooses not to furnish any personal financial information, then the City shall rely solely on the financial disclosures provided by Developer. If an individual fails to provide the requested personal financial information the City may accept or reject, with explanation, the financial disclosure provided by Developer. f) Any information, drawings, designs, plans, specifications, studies, reports, sketches, conceptual plans, development plans and financing plans relating to the Project collectively, the "Information") prepared for and/or developed by Developer and furnished to the City, excluding any matters of public record or matters generally known to the public, shall be treated by the City as a trade secret and/or proprietary and confidential and, except as may be required by law, will not be disclosed by the City to anyone other than on a need -to -know basis and to the City's consultants and attorneys who agree to maintain the confidentiality of the 5097426.1-- LB53.1 55600.00808\33977464.8       Packet Pg. 1263 Information. Developer shall be the owner of and possess all intellectual property rights to the Information. 11. Nondiscrimination. Developer shall not discriminate against nor segregate any person, or group ofpersons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in undertaking its obligations under this Agreement. 12. Limitation on Damages and Remedies. THE DEVELOPER AND THE CITY ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD SUFFER UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE DEVELOPER AND THE CITY AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S DAMAGES IN SUCH EVENT IS ONE HUNDRED THOUSAND DOLLARS ($100,000) (THE LIQUIDATED DAMAGES AMOUNT"). THEREFORE, UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE CITY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE DEVELOPER'S SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY. Initials of Authorized Initials of Authorized Representative of City Representative of Developer a) THE CITY AND THE DEVELOPER EACH ACKNOWLEDGE AND AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT. ACCORDINGLY, THE CITY AND THE DEVELOPER AGREE THAT THE DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE CITY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT. b) THE CITY AND THE DEVELOPER EACH FURTHER ACKNOWLEDGE AND AGREE THAT THE DEVELOPER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE CITY FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF PROVABLE ACTUAL DAMAGES UP TO AND NOT TO EXCEED THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000). ACCORDINGLY, THE CITY AND THE DEVELOPER AGREE THAT THE CITY'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE DEVELOPER IS TO TERMINATE THIS AGREEMENT AND RECEIVE PAYMENT OF PROVABLE ACTUAL DAMAGES UP TO 5097426.1 - L853.1 55600.00808\33977464.8       Packet Pg. 1264 AND NOT TO EXCEED THE AMOUNT ONE HUNDRED THOUSAND DOLLARS 100,000). c) EACH OF THE CITY AND THE DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND, THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF THE PARTIES TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND PARTY HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE OTHER PARTY FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT WITH RESPECT TO THE DEVELOPER RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THE TERMINATION OF THIS AGREEMENT, AND WITH RESPECT TO THE CITY RECEIPT OF PROVABLE ACTUAL DAMAGES UP TO AND NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE CITY AS OF THE EFFECTIVE DATE OF THE TERMINATION OF THIS AGREEMENT. EACH OF THE CITY AND THE DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12. Initials of Authorized Representative of City 13. Default. 0 Initials of Authorized Representative of Developer a) Failure or delay by either Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who receives notice of a default from the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice by the other Party specifying such default, such Party shall not be in default under this Agreement. In such cases where more than fifteen (15) calendar days are reasonably required to cure said default the defaulting Party shall commence the cure within fifteen (15) calendar days and diligently pursue the cure. Any monetary default shall be cured within the fifteen (15) calendar day cure period. Notwithstanding, anything contrary in this Agreement, under all circumstances, each Party shall exercise good faith and commercially 5097426.1 - L853.1 55600.00808\33977464.8       Packet Pg. 1265 reasonable efforts to cure, correct or remedy any default, time being of the essence. If there are less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation Period. b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default and allowing the applicable period to cure any such default as set forth in Section 13(a). c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. d) Subject to Section 13(a), if a default of either Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a "breach" of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and the non -defaulting Party shall also be entitled to receive the damages as provided for in Section 12. 14. Compliance with Law. Developer acknowledges that any future DDA, if approved by the governing body of the City, will require Developer (among other things) to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws. 15. Press Releases. The Developer agrees to obtain the approval of the City Manager or his or her designee or successor in function of any press releases Developer may propose relating to the lease or redevelopment of the Property or negotiation of a DDA with the City, prior to publication. The rights and obligations in this provision shall not apply to leasing and marketing brochures and/or information distributed by email or placed online on a brokerage website or real estate website such as LoopNet.com. 16. Notice. All notices required under this Agreement shall be presented in person, by nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United States Mail, with return receipt requested, to the address and/or fax number for the Party set forth in this Section 16. Notice shall be deemed confirmed by United States Mail effective the third (3rd) business day after deposit with the United States Postal Service. The Party tendering notice shall maintain proof of delivery and provide such proof if requested by the other Party. Notice by personal service or nationally recognized overnight delivery service shall be effective upon delivery. Either Party may change its address for receipt of notices by notifying the other Party in writing. Delivery of notices to courtesy copy recipients shall not be required for valid notice to a Party: 5097426.1 -- L853.1 55600.00808\33977464.8       Packet Pg. 1266 TO DEVELOPER: San Bernardino Development Company LLC ATTN: Ran Torkan 4221 Wilshire Boulevard, Suite 380 Los Angeles, CA 90010 Telephone: 323.932.7777 Email: jtorkan@icoreg.com COPY TO: Renaissance Downtowns USA LLC ATTN: Donald Monti 410 Jericho Turnpike, Suite 202 Jericho, NY 11753 Telephone: 516.457.7545 Email: dmonti@renaissancedowntownsusa.com Ernesto Hidalgo 1050 W. Alameda Ave., 4501 Burbank, CA 91506 Telephone: 818.454.8762 Email: ehidalgo@renaissancedowntownsusa.com AlvaradoSmith, APC 633 W. 5t' Street, Suite 900 Los Angeles, CA 90071 Attn: Raul F. Salinas Attn: Jerry J. Ruiz Email: rsalinas@alvamdosmith.com and jruiz@alvamdosmith.com TO CITY Robert D. Field City Manager City of San Bernardino 290 North "D" Street San Bernardino, California 92401 Office: 909.384.5122 1 Fax: 909.384.5138 Field—Ro@sbcity.org COPY TO: Michael A. Huntley Director of Community and Economic Development City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 Office: 909-3 84-5357 Huntle± 5097426.1 - L853.1 55600.00808\33977464.8       Packet Pg. 1267 Sonia Carvalho City Attorney City of San Bernardino 18101 Von Karman Ave Suite 1000 Irvine, CA 92612 Office: (949) 263-2600 Fax: (949) 260-0972 17. Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects, brokers, marketing and public relations consultants and other consultants, when such fees and services are considered necessary by Developer. 18. Acceptance of Agreement by Developer. Developer shall acknowledge its acceptance of this Agreement by delivering to the City three (3) original counterpart executed copies of this Agreement signed by the authorized representative(s) of Developer. 19. Counterpart Originals. This Agreement may be executed by the City and Developer in multiple counterpart originals, all of which together shall constitute a single agreement. 20. No Third -Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the City or Developer. 21. Governing Law. The City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of San Bernardino, California. -The City and Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without application of such laws' conflicts of laws principles. The venue for any such action shall be San Bernardino County. 22. Waivers. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against the City or the Developer, unless made in writing and executed by both the City and the Developer. 23. Construction. Headings at the beginning of each section and sub -section of this Agreement are solely for the convenience of reference of the City and Developer and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not 5097426.1-1.853.1 55600.00808\33 977464.8       Packet Pg. 1268 be construed as if it had been prepared by one or the other of the City or Developer, but rather as if both the City and Developer prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement and incorporated into this Agreement by this reference. If the date on which the City or Developer is required to take any action pursuant to the terms of this Agreement is not a business day of the City, the action shall be taken on the next succeeding business day of the City. 24. Attorneys' Fees. If either Party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" mean and include, in the case of either Party, salaries and expenses of the lawyers working for or employed by such Party (allocated on an hourly basis) to the extent they provide legal services to such Party in connection with the representation of that Party in any such matter. Signatures on following page] 5097426.1 -- L853.1 55600.00808\33977464.8       Packet Pg. 1269 THE CITY OF SAN BERNARDINO EXCLUSIVE NEGOTIATION AGREEMENT Carousel Mall) IN WITNESS WHEREOF, the City and the Developer have executed this Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below. DEVELOPER: SAN BERNARDINO DEVELOPMENT COMPANY, LLC Dated: 8/11/2021 By: T>&91a"N&M4Z- Its: Authorized Representative CITY: THE CITY AN B RDINO By: ATTES By: ZL'4 City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP 13 City Attorney 5097426.1 - L853.1 55600.00808133977464.8       Packet Pg. 1270 EXHIBIT "A" TO NEGOTIATION AGREEMENT Property Le, --al Descri: tion 5097426.1 -- L853.1 55600.00808\33977464.8       Packet Pg. 1271 Exhibit "A" Legal Description All that certain Real Property situated in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Parcels 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20 of Parcel Map No. 688, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 25, Pages 47 through 58, inclusive, of Parcel Maps in the Office of the County Recorder of said County. Along with those certain easements created by, or arising out of, that certain instrument entitled Declaration of Restrictions, Construction, Operation, Restriction and Easement Agreement" dated as of December 24, 1970, executed by the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic, John S. Griffith & Co., a corporation, and Curci-Turner Co., a partnership, Joint Venturers under the name and style of Central City Company, J.C. Penney Company, Inc., a corporation, Monwar Property Corporation, a corporation, The Harris Company, a corporation, City of San Bernardino, California, a municipal corporation, Upham Development Company, a Texas limited partnership, and Connecticut General Mortgage and Realty Investments, a Massachusetts business trust, which instrument was recorded on December 24, 1970, in Book 7580, Page 280, Official Records of San Bernardino, California, including rights of pedestrian and vehicular ingress, egress and access, as said easements are more particularly described therein. APNs: 0134-181-28 0134-231-27 0134-201-25 0134-231-28 0134-211-34 0134-231-29 0134-211-36 0134-231-31 0134-211-38 0134-291-11 0134-221-43 0134-301-20 0134-221-45 0134-301-22       Packet Pg. 1272 5097426.1 -- L853.1 55600.00808\33977464.8       Packet Pg. 1273 EXHIBIT "B" WC NEGOTIATION AGREEMENT Conceptual Site Plan r a sr rIre ay 0 ,, _ 5 5097426.1 -- L853.1 55600. 00908\33977464.8       Packet Pg. 1274 EXHIBIT "C" TO NEGOTIATION AGREEMENT Schedule of Performance Within 15 Days of Effective Date ( , 2021) of ENA Deal Term Memo Developer shall submit a list of deal terms for discussion which shall be utilized in the City's preparation of the first draft of the DDA. Within 30 days of Effective Date (_, 2021) of ENA DDA Negotiation Sessions Developer and City shall hold the first meeting to negotiate the DDA and establish ameetingscheduleforthenegotiationoftheDDA.. Within 90 Days of Effective Date ( , 2021) of ENA Project Development A proposed time schedule and cost estimates for the development of the Project on Schedule and Cost the Property Estimate Full Project Submittal Submit a proposed complete conceptual development plan for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings. Within 120 Days of Effective Date ( ) of ENA Submit proposed zoning change parameters or changes to the City's General Plan, as Zoning/FBC it relates to the development of the Property and the Specific Plan for the redevelopment of the City's Downtown Core Area, if any, necessary to accommodate the Project on the Property, including recommendations for a form based development zoning code specific to the Property Tenant/Development Provide staff with a list of potential users/tenants for the Property and development Partners partners or merchant builders for the development of the Property. Proforma and Development Schedule Fiscal Impact/Benefit Analysis Submit proforma and preliminary development schedule including a proposed financing plan identifying financing sources for all private and public improvements proposed for the Project. Developer shall submit a preliminary financial analysis demonstrating the costs and benefits to the City for all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services an any new public revenues anticipated to be generated by the Project Development Partners Submit letter(s) identifying investment partners. and Structure 5097426.1 -- L853.1 55600.00808\33977464.8       Packet Pg. 1275 Submit letter(s) of interest ("LOI") identifying lenders and proof of ability to obtain Funding Partners and financing for what is to be developed on the Property under a revised Form Based Structure Zoning Code.. Within 150 Days of Effective Date (_) of ENA Draft DDA I Complete negotiations and draft Disposition and Development Agreement. Final Revisions I Finalize revisions to development proposal and all relevant materials City Council Hearing 5097426.1 -- L853.1 55600.00808\33977464.8 Within 180 Days of Effective Date (_) of ENA Present development proposal and DDA to Council for final review and approval       Packet Pg. 1276 MANAGER'S CERTIFICATE SAN BERNARDINO DEVELOPMENT COMPANY LLC) The undersigned, DONALD MONTI. in his capacity as Manager of San Bernardino Development Company LLC, a California limited liability company ("Company"), solely in such capacity, hereby certifies to the City of San Bernardino that: 1. Attached hereto as Exhibit A is a true, correct and complete copy of the Certified Copy of the Articles of Organization of the Company, filed with the California Secretary of State on April 27, 2021, Entity (File) Number 202111710716, which Articles of Organization have not been amended or modified and are in full force and effect as of the date hereof. 2. Attached hereto as Exhibit B is a true, correct and complete copy of Schedule I to the Operating Agreement of the Company that lists the name and address of each Member, which Schedule 1 has not been amended or modified and is in full force and effect as of the date hereof. 3. The Employer Identification Number ("EIN") of the Company is 87-2101138. IN WITNESS WHEREOF, the undersigned has executed this Manager's Certificate as of this 101' day of August, 2021. T.c?i2ertzi DONALD MONTI 5103570.1 -- L853.1       Packet Pg. 1277 EXHIBIT A Certified Copy of Articles of Organization of San Bernardino Development Company LLC California Secretary of State Electronic Certified Copy j I, SHIRLEY N. WEBER, Ph.D.. Secretary of State of the State of California, hereby certify that the attached transcript of 1 page is a full, true and correct copy of the original record in the custody of the California Secretary of State's office. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California on this day of April 27, 2021 SHIRLEY N. WEBER, Ph.D. Secretary of State Verification Number: KGVEUY Entity (File) Number: 202111710716 To verify the issuance of this certificate, use the Verification Number above with the Secretary of State Electronic Veriication Search.ava;1abie at bfzffle.sos.ca.gav Exhibit A 5103570.1 -- L853.1       Packet Pg. 1278 i California Secretary of State Electronic Filing Secretary of State State of California LLC Registration — Articles of Organization Entity Name: >- San Bemardino Development Z) Company LLC j Entity (File) Number. 202111710716 Y File Date: 04/23/2021 L Entity Type: Domestic LLC g Jurisdiction: California E Detailed Filing Information r $ 1. Enemy Name: San Bemardino Development Comparry LLC o 2. BusinessAddresses: a. kutial Street Address of +- Designated Office in California: 4221 W51shire Blvd, Suite 380 ( q Los Angeles, California 90010 United States b. Initial NW14rg Address: U 4221 14'ilstlire Blvd. Suite MO Los Angeles, California 90010 United States 3. Agent for Service of Process: Jien Torkan 4221 WVsture Boulevard, Suite 3tk1 Los Angeles Callfomia [Colo unm States 4. Management structure: More than One Manager 5. Purpose statement: The purpose ofthe limited liability company is to engage in any IawfW act or activity forwhich a limited liability company may be organized underthe California Revised Uniform Limited LiabilityCompanyAct. Electronic signature: The organizer affirms the information contained herein Is true and correct. Organizer. Jlsn Torkan Use blslffe.sos.ca.govroronlineMing& searches. buslness records. andre"Wos. Exhibit A 5103510.1 — L853.1       Packet Pg. 1279 FXHTRTT R Schedule 1 to Operating Agreement of San Bernardino Development Company LLC Member Address Membershi ) Interest Donald Monti c/o Renaissance Downtowns USA LLC 50% 410 Jericho Turnpike Suite 202 Jericho, New York 11753 Jian Torkan c/o ICO Real Estate Group, Inc. 50% 4221 Wilshire Blvd. Suite 380 Los Angeles, California 90010 Exhibit B 5103570.1 -- L853.1       Packet Pg. 1280 55600.00808\41248826.2 Page 1 1 3 3 0 DISCUSSION City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Community, Housing, and Economic Development Director Department:Community, Housing, & Economic Development (CED) Subject:Authorize the Interim City Manager to Terminate the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC) and pay liquidated damages associated with said termination (Ward 1) Recommendation It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination. Background On March 16, 2023, the City received a “Notice of Violation of the Surplus Land Act Regarding the City of San Bernardino’s Surplus Land Disposition for the Property at 295 Carousel” from the State’s Housing and Community Development Division (HCD). The Notice of Violation (NOV) alleges San Bernardino violated several provisions of the Surplus Land Act (SLA) relative to the former Carousel Mall property. The alleged violations to the SLA, and the City’s responses, are as follows: 1. Failing to provide 90 days of good faith negotiations to entities who submitted notices of interest. Response: The City disagrees with HCD’s position that the City violated the SLA by failing to engage in good faith negotiations with two affordable housing developers who responded to the NOA. As staff discussed with HCD prior to HCD’s issuance of the NOV, the City received two general inquiries from Boulevard Companies and Alliant Strategic Development and both entities withdrew their interest prior to the end of the 60-day NOA period. During the NOA period the City       Packet Pg. 1281 55600.00808\41248826.2 Page 2 1 3 3 0 reached out to both developers to better understand their interest in the property and solicit additional information from the developers to assist the City in analyzing the proposals to determine which developer would propose a project with the most units and/or the greatest levels of affordability. There is nothing in the SLA which prohibits a City from seeking additional information from a developer during the NOA period. Seeking additional information from respondents was intended to ensure the 90-day negotiation period would successfully result in the selection of a developer with the most affordable housing units. The City was attempting to comply with the SLA and ensure the greatest amount of affordable housing would be built on the site. Unfortunately, both developers indicated they were interested in only purchasing a small portion of the site and asked instead to be put in contact with the developer eventually selected as the master developer. Based upon the withdrawal by both developers, there were no affordable housing developers to engage in good faith negotiations with during the 90-day period and therefore, no violation of the SLA could have occurred. 2. Negotiating and selecting a developer prior to issuing a Notice of Availability of Surplus Land. Response: As discussed with HCD prior to the issuance of the NOV, the City issued an RFQ in May 2019. This was before AB 1486 became law in January 2020. The City issued a follow up RFP in February 2020; however, the amended SLA did not apply to this property at that time. The land that is the subject of the RFP is former RDA land which was designated for future development in the Long Range Property Management Plan (“LRPMP”). Pursuant to the amended SLA, specifically Government Code Section 54234, the new provisions of the SLA do not apply if the property was designated in the LRPMP for future development, the subject of an ENA by December 31, 2020, and sold by December 31 2022. The property is designated as Property #20 in the Successor Agency’s LRPMP as property for future development. Consequently, any actions taken towards entering into an ENA prior to December 31, 2020, were consistent with the SLA as amended by AB 1486. The issuance of the RFP in February 2020 and acceptance of the proposals prior to December 31, 2020, were all in furtherance of entering into an ENA prior to December 31, 2020, as authorized by the SLA. Following a two-year public process, the City selected a developer on March 3, 2021. Shortly after that, the City realized that because the property was not under an ENA by the end of 2020 the City needed to partake in the SLA process prior to entering into an ENA with a developer. As result, the City declared the property surplus, engaged in the SLA process, and received confirmation from HCD that the process was complete before entering into an ENA with the developer selected pursuant to the RFP/RFQ process that had commenced prior to the change in the SLA law. HCD has taken the position that the selection of a developer through the previous process had a chilling effect and therefore violates the SLA.       Packet Pg. 1282 55600.00808\41248826.2 Page 3 1 3 3 0 3. Failing to give priority to affordable housing. Response: The City disagrees with HCD’s position that the City violated the SLA by failing to give priority to affordable housing developers who responded to the NOA. As described above, the City did receive two general inquiries; however, both entities withdrew their interest prior to the end of the 60-day NOA period. Consequently, by the end of the NOA period, the City had no interested developers with which to give priority to in the negotiation process. 4. Failing to provide a complete description of negotiations. Response: In the City’s previous disposition documentation to HCD, past staff did not include any description of the negotiations/discussions with Boulevard Companies and Alliant Strategic Development and indicated that “no qualified entities responded” to the “Notice of Availability.” At the time the information was provided to HCD the City had received two general inquiries from developers who inquired about the acquisition of a small piece of the 43-acre property. No one had expressed an interest in the property that was declared surplus and the two entities who had made general inquiries had withdrawn from the process of their own accord. Consequently, at the end of the NOA period the City had no respondents who were interested in pursuing negotiations with the City. Although the City attempted to accurately describe the process engaged in by the City to comply with the SLA, the City could have indicated the two responses were received and withdrawn. On April 5, 2023, and April 19, 2023, staff received direction from the Mayor and City Council to work towards curing the NOV. Staff from the City Manager’s Office, Community, Housing, and Economic Development Department, and the City Attorney’s Office have had several conversations with HCD staff to discuss the City’s available options for curing the NOV. The options that HCD provided illuminated the need for the City to terminate the existing ENA with SBDC and to pursue the SLA process again at a future date and in collaboration with HCD. Section 3 of the original ENA provides that if a NOV is received by the City the term of the ENA is tolled until the alleged violation is resolved. To cure the violation, staff is recommending the termination of the ENA and the City restarting the SLA process at some point in the future. While the City does not believe the early termination of the ENA as a result of the NOV is a breach of the ENA, Section 12 of the original ENA provides that if the City breaches the ENA, the damages owed to SBDC, the developer, is $100,000. Staff believes that terminating the ENA and resolving any potential dispute related to the existing ENA by authorizing the payment of the liquidated damages is the best way to move this process forward and is in the best interest of the community. Protracted litigation with HCD over the SLA process or with the developer over the ENA will result in additional costs and delay to the Carousel Mall development.       Packet Pg. 1283 55600.00808\41248826.2 Page 4 1 3 3 0 Discussion Providing adequate and suitable housing is a critical responsibility for all cities in California, including the City of San Bernardino. The City is conscious of the need for all types of housing, especially affordable housing, for residents throughout the community. Though previous staff attempted to adhere to the new laws of the Surplus Land Act, the City acknowledges that the State must enforce policies surrounding this matter. It is the staff’s understanding from representatives at HCD that, with the termination of the ENA with SBDC, and with the City intending to work closely with HCD on a future SLA process, the NOV will be resolved. As an example, the City of San Diego received an NOV on the development of a project using city-owned property. San Diego chose to terminate their discussions with their selected developer to pursue the Surplus Land Act process with HCD’s assistance. When the City of San Bernardino is ready to pursue the Surplus Land Act process again, it will be done with HCD’s guidance. 2021-2025 Strategic Targets and Goals The termination of the Exclusive Negotiating Agreement with the San Bernardino Development Company (SBDC aka “RDICO”) and payment of liquidated damages associated with said termination in response to the Notice of Violation received from the State’s Housing and Community Development Division regarding the City-owned former Carousel Mall property aligns with Key Target No. 4: Economic Growth and Development. Specifically, ensuring the City complies with State requirements for the redevelopment of the Carousel Mall will provide a catalyst for future growth and development within the entire community. Fiscal Impact This action will impact the General Fund by $100,000. Conclusion It is recommended that the Mayor and City Council authorize the Interim City Manager to terminate the Exclusive Negotiating Agreement (ENA) with the San Bernardino Development Company (SBDC) for the Carousel Mall redevelopment project and authorize payment of liquidated damages to SBDC, in the amount of $100,000, associated with said termination. Attachments Attachment 1 – Original ENA Attachment 2 – 1st Amendment to the ENA Attachment 3 – 2nd Amendment to the ENA Attachment 4 – 3rd Amendment to the ENA Ward: First Ward       Packet Pg. 1284 55600.00808\41248826.2 Page 5 1 3 3 0 Synopsis of Previous Council Actions: March 3, 2021 Mayor and City Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team for the former Carousel Mall property. August 18, 2021 Mayor and City Council approved Resolution No. 2021-214, which authorized the City Manager to execute the Exclusive Negotiating Agreement between the City of San Bernardino and the San Bernardino Development Company (also known as RDICO) for the former Carousel Mall property. July 20, 2022: Mayor and City Council considered a proposed 3rd Amendment to the Exclusive Negotiating Agreement for the former Carousel Mall property and moved to continue the item to August 3, 2022. August 3, 2022 Mayor and City Council approved the 3rd Amendment to the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and the San Bernardino Development Company for the development of former Carousel Mall property. April 5, 2023 Receive and File update regarding a Notice of Violation received from the State’s Housing and Community Development Division regarding the City-owned former Carousel Mall property.       Packet Pg. 1285 FIRST AMENDMENT TO THE CITY OF SAN BERNARDINO EXCLUSIVE NEGOTIATION AGREEMENT Carousel Mall) THIS FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT Agreement") is dated as of March 13, 2022, for reference purposes only, and is entered into by and between the City of San Bernardino, a public body corporate and politic ("City") and San Bernardino Development Company, LLC, a California limited liability company ("Developer"), to provide a specified period of time to attempt to negotiate a disposition and development agreement. The City and the Developer are sometimes referred to in this Agreement individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the following recited facts (each, a "Recital"): RECITALS A The City is the owner of that certain real property located at 295 Carousel Mall, San Bernardino, CA 92401, San Bernardino (APN ) and more specifically described in Exhibit A ("Property"); and B The City has an interest in developing the Property and issued a Request for Qualifications; and C The City received qualification submittals from multiple development teams and after review and clarification has chosen to proceed with Developer; and D The City complied with the Surplus Land Act ("SLA") (Gov't Code Section 54220 et seq.) and received confirmation from the California Department of Housing and Community Development on September 2, 2021; and E The City and Developer entered into the original ENA ("Original ENA") effective September 13, 2021 for a term of 180 days; and F The Original ENA expires on March 14, 2022 and the parties desire to extend the term of the Original ENA administratively as provided for in Section 3(b) of the Original ENA for ninety (90) days. NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS: 1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 5097426.1 - L853.1 55600.00808\33977464.8       Packet Pg. 1286 2. Term. The Term of the ENA is hereby extended administratively pursuant to Section 3(b) of the Original Agreement for ninety (90) days and shall now expire on Monday, June 13, 2022, unless extended as provided for in the Original ENA. 3. Affirmation Regarding Absence of Defaults. Each Parry hereby represents and warrants to the other Party that, as of the Effective Date of this First Amendment, the non - representing Party is not in material uncured default of the Original ENA and that there have been no events that, with the passage of time, the giving of notice, or both, would constitute an event of default under the Original ENA. Each Parry understands that the foregoing representation and warranty constitutes material consideration to the other Parry for the other Party's entry into this First Amendment. 4. Effectiveness of First Amendment. The rights and duties of the City and the Developer established by this First Amendment shall commence on the first date on which all of the following have occurred: (1) execution of this First Amendment by the authorized representative(s) of the Developer and delivery of such executed First Amendment to the City, and 2) approval of this First Amendment by the City Manager as provided in Section 3 of the Original ENA and delivery of such executed First Amendment to the Developer. 5. Effect Upon Original ENA. Except as expressly amended by this First Amendment, the Original ENA remains in full force and effect, unmodified except as otherwise expressly herein provided. Wherever the term "Agreement" appears in the Original ENA, it shall be read and understood to mean the Original ENA as amended by this First Amendment. In the event of any direct conflict or inconsistency between the terms of the Original ENA and this First Amendment, the terms of this First Amendment shall be controlling to the extent of such conflict or inconsistency. Signatures on following page] 5097426.1 - L853.1 55600.00808\33977464.8       Packet Pg. 1287 THE CITY OF SAN BERNARDINO FRIST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT Carousel Mall) IN WITNESS WHEREOF, the City and the Developer have executed this First Amendment to the Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below. Dated: 3/14/22 DEVELOPER - SAN BERNARDINO DEVELOPMENT COMPANY, LLC LIM Its: Authorized Representative CITY: THE CITY 9Z SAN BERNARDINO By. ATTEST By City Clerk APPROVED AS TO FORM: - BEST BEST & KRIEGER, LLP B CityAttorney 5097426.1 - U53.1 55600.00808\33977464.8       Packet Pg. 1288 5097426.1 - U53.1 55600.00808\33977464.8       Packet Pg. 1289       Packet Pg. 1290       Packet Pg. 1291       Packet Pg. 1292       Packet Pg. 1293       Packet Pg. 1294       Packet Pg. 1295       Packet Pg. 1296       Packet Pg. 1297       Packet Pg. 1298       Packet Pg. 1299       Packet Pg. 1300       Packet Pg. 1301 1 1 6 8 PUBLIC HEARING City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1). Background Staff received a request to allow the development, establishment, and operation of a market with an Alcoholic Beverage Control Type 21 (Off-Sale General) License within an existing building, containing approximately 2,024 square feet, on a parcel containing approximately 0.45 acres. The project site is located at 1820 West 5th Street between N. Medical Center Drive and N. Rancho Avenue, APN: 0138-081-18-0000, within the Commercial General-1 (CG-1) in Ward 1. On January 10, 2023, the Planning Commission considered a request to allow the development, establishment, and operation of the proposed Mikey’s Market. After public comment and discussion, the Planning Commission voted to adopt Resolution No. 2023-002 denying Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres.       Packet Pg. 1302 1 1 6 8 On January 19, 2023 the applicant submitted Appeal 23-01 to appeal the Planning Commission’s denial. On April 19, 2023 Notices were mailed to the property owners and tenants within 1,000 feet of the subject property, providing the nature of the request, location of the property, the date, time, and place of the Mayor and City Council meeting of May 3, 2023 for Appeal 23-01. On April 22, 2023 Legal advertisement was published in the San Bernardino Sun Newspaper. (Attachment 5) Discussion The subject site is located within Census Tract 43.02 where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off- sale licenses within this census tract resulting in an “over concentration” of two (2) off- sale ABC licenses. Per Section 19.02.050 (Definitions) of the City of San Bernardino Development Code, a Convenience Store is defined as the retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet. Mikey’s Market is proposed at approximately 2,024 square feet, which by definition is categorized as a convenience store. Per Section 19.06.025 (Prohibited Uses) of the City of San Bernardino Development Code, the establishment and operation of a convenience store, if located within a one- mile radius of another convenience store, is prohibited. Mikey’s Market would be approximately 2,700 linear feet in distance from the nearest convenience store (West Side Food and Liquor), and approximately 3,500 linear feet from another convenience store (Rancho Ria Liquor). As such, the proposed Mikey’s Market would not satisfy the distancing requirements for convenience stores per Development Code requirements. Per Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)-Section III-(Locational Restrictions) (A) (2)), a new alcoholic beverage sales activity is not permitted within 500 feet of certain sensitive land uses such as a public parks, playgrounds, recreational areas, or youth facilities, including nursery schools, preschools, or day-care facilities. Mikey’s Market would be 480 linear feet from Nunez Park and the Ruben Campos Community Center (Day Care), which would not satisfy Development Code requirements concerning location restrictions. Lastly, the San Bernardino Police Department has reviewed the application for the proposed new ABC Type-21 License for the proposed Mikey’s Market and has conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment 4). The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average       Packet Pg. 1303 1 1 6 8 of 68 crimes per reporting district during the course of the past year. It was determined that the subject reporting district had a total of 91 crimes within a one-year period at the proposed location which only equates to 0.6% versus the City-wide average of 68 crimes per reporting district throughout the City and does not exceed the average percentage to recommend denial. However, the Police Department has not provided a formal recommendation of approval or denial. 2021-2025 Strategic Targets and Goals Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 does not align with Key Target No. 3: Improve Quality of Life. The proposed new ABC Type- 21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License in conjunction with the proposed project (Mikey’s Market) may result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area. Fiscal Impact There is no fiscal impact to the General Fund associated with this report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21 (Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone. Attachments Attachment 1 - Resolution 2023-0XX Attachment 2 - Planning Commission Packet Attachment 3 - Executed Planning Commission Resolution Attachment 4 – Presentation Attachment 5 – SBPD Staff Report Attachment 6 – Newspaper Publication Ward: First Ward Synopsis of Previous Council Actions: None       Packet Pg. 1304 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 1 of 7 RESOLUTION NO. 2023-060 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL 23-01 THEREBY UPHOLDING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT 21-18 AND PUBLIC CONVENIENCE OR NECESSITY LETTER 21-07 ALLOWING A NEW ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 21 LICENSE (OFF-SALE GENERAL: BEER, WINE, AND DISTILLED SPIRITS) LOCATED AT 1820 W. 5TH STREET (APN: 0138-081-19) WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE AND FINDING THE STATUTORY EXEMPTION UNDER THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, on September 9, 2021, pursuant to the requirements of Section 19.36.020 (Conditional Use Permits and Minor Use permits) of the City of San Bernardino Development Code, an application for Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 was duly submitted by: Property Owner: Zhou Hui 1419 Warwick Avenue Thousand Oaks, CA 91360 Project Applicant: Fernando Castro 2715 W. Foothill Boulevard Suite 1 San Bernardino, CA 92376 Parcel Address: 1820 W. 5th Street APN: 0138-081-19 Lot Area: 0.45 acres WHEREAS, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is a request for new Alcoholic Beverage Control Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License within an existing vacant building proposed as a convenience store containing approximately 2,024 square feet on a parcel containing approximately 0.45 acres; and WHEREAS, the Planning Division of the Community Development Department has reviewed Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of Section 15060 (c) of the California Environmental Quality Act, the Planning Division of the Community Development Department       Packet Pg. 1305 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 2 of 7 evaluated Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 and determined that it is exempt from CEQA pursuant to Statutorily Exemption Section 15270 (Projects Which Are Disapproved) of the State CEQA Guidelines; and WHEREAS, on August 22, 2022, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 to the Planning Commission for consideration; and WHEREAS, on January 10, 2023, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2023-002 denying Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07; and WHEREAS, on January 19, 2023, the applicant filed Appeal 23-01 to appeal the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07; and WHEREAS, notice of the April 19, 2023 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on April 8, 2023, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and       Packet Pg. 1306 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 3 of 7 (2) In accordance with Public Resources Code Section 21080(b)(5) and Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Mayor and City Council has determined that consideration of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is exempt from CEQA due to the fact that the Mayor and City Council is denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council. SECTION 3.Findings of Fact – Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07: Finding No. 1:The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use. Finding of Fact:Pursuant to Section 19.06.020 (Development Permitted and Conditionally Permitted Uses) and Section 19.06.030(2)(B) (Specific Standards for Commercial Zones – Alcohol Beverage Sales) Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities) of the City of San Bernardino Development Code, a business with an Alcohol Beverage Control license is a permitted land use within the Commercial General (CG-1) zone, however the subject site in which Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is proposed is located within Census Tract 43.02 where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off-sale licenses within this census tract, there is currently an over concentration of two (2) off-sale ABC licenses within this census tract and the approval of the requested ABC Type 21(Off-Sale General) license would add to the overconcentration. The subject property under Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not satisfy the distancing requirements for convenience stores within proximity of a one-mile radius of another convenience store nor the distancing restrictions from a sensitive land use (a park) per Development Code requirements Section III(A)(1)(2) (Locational Restrictions) as follows: ✓West Side Food and Liquor - 856 Medical Center Drive (approximately 2,700 feet away) ✓Rancho Ria Liquor - 2000 W. Rialto Boulevard (approximately 3,500 feet away) ✓Nunez Park and Ruben Campos Community Center - 1717 W. 5th Street Park (approximately 480 feet away)       Packet Pg. 1307 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 4 of 7 Therefore, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is not consistent with the requirements of the City’s Development Code. Finding No. 2:Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4 (b) (2), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4 (a). Finding of Fact:The proposed project is not consistent with the Business and Professionals Code Section 23958.4(b)(2). Within Census Tract 43.02, the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off-sale licenses within this census tract (43.02) and currently an over concentration of two (2) off-sale ABC licenses. Finding No. 3 A finding that the alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering. Finding of Fact:The Police Department has reviewed the application for the proposed new ABC Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License for the proposed project “Mikey’s Market”, and conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment E). The Police Department has indicated that there are a total of 219 reporting districts within the city, and that there was an average of 68 crimes per reporting district during the course of the past year. It was determined that the subject reporting district had a total of 91 crimes within a one-year period at the proposed location which only equates to .6% versus the City-wide average of 68 crimes per reporting district throughout the city and does not exceed the average percentage to recommend denial. However, the Police Department has not provided a recommendation of approval or denial. Finding No. 4 Their proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments.       Packet Pg. 1308 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 5 of 7 Finding of Fact:The proposed Mikey’s Market with a new Alcoholic Beverage Control Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License is within a one-mile radius of a convenience store and less than 1000 feet from a sensitive land use which is basis for denial per Development Code Section 19.06.025 (Prohibited Uses) and Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)- Section III-(Locational Restrictions) (A) (2). Finding No. 5:The proposed establishment will otherwise be compatible with existing and potential uses within the general area. Finding of Fact:The proposed new Alcoholic Beverage Control Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License in conjunction with Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not satisfy the distancing requirements for convenience stores per Development Code requirements. Therefore, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not be compatible with existing and potential land uses within the general area. Finding No. 6:The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur. Finding of Fact:The Police Department has reviewed the application for the proposed new ABC Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License for the proposed project “Mikey’s Market”, and conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment E). However, the Police Department has not provided a recommendation of approval or denial. Finding No. 7 The use of the proposed establishment is consistent with the General Plan. Finding of Fact:The subject property under Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 would not satisfy the distancing locational requirements for convenience stores per Development Code requirements. Therefore, Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 is not consistent with the requirements of the City’s General Plan per Section 19.06.025 (Prohibited Uses) and Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)-Section III-(Locational Restrictions) (A) (2).       Packet Pg. 1309 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 6 of 7 SECTION 4.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 5.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 1310 Resolution No. 2023-060 Resolution No. 2023-060 May 3, 2023 Page 7 of 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-060, adopted at a regular meeting held on the 3rd day of May, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ ______ ______ _______ _______ IBARRA ______ ______ _______ _______ FIGUEROA ______ ______ _______ _______ SHORETT ______ ______ _______ _______ REYNOSO ______ ______ _______ _______ CALVIN ______ ______ _______ _______ ALEXANDER ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 4th day of May 2023. _____________________________ Genoveva Rocha, CMC, City Clerk       Packet Pg. 1311       Packet Pg. 1312 ATTACHMENT C – LOCATION/ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: CUP 21-18 and PCN 21-07 LOCATION MAP HEARING DATE: January 10, 2023 NORTH Project site       Packet Pg. 1313 ATTACHMENT D – AERIAL MAP ––- CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: CUP 21-18 and PCN 21-07 AERIAL MAP HEARING DATE: January 10, 2023 NORTH PROJECT SITE       Packet Pg. 1314       Packet Pg. 1315       Packet Pg. 1316       Packet Pg. 1317       Packet Pg. 1318       Packet Pg. 1319       Packet Pg. 1320       Packet Pg. 1321       Packet Pg. 1322       Packet Pg. 1323       Packet Pg. 1324       Packet Pg. 1325       Packet Pg. 1326       Packet Pg. 1327       Packet Pg. 1328       Packet Pg. 1329       Packet Pg. 1330       Packet Pg. 1331       Packet Pg. 1332       Packet Pg. 1333       Packet Pg. 1334       Packet Pg. 1335       Packet Pg. 1336       Packet Pg. 1337       Packet Pg. 1338       Packet Pg. 1339       Packet Pg. 1340       Packet Pg. 1341       Packet Pg. 1342       Packet Pg. 1343       Packet Pg. 1344       Packet Pg. 1345       Packet Pg. 1346 Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 Presented by: David Murray, Deputy Director/City Planner Community, Housing, and Economic Development Department       Packet Pg. 1347 Background •Staff recently received a proposal for the development, establishment, and operation of Mikey’s Market with an Alcoholic Beverage Control Type 21 (Off-Sale General) license within a 2,024 SF existing building on a 0.45-acre parcel. •The subject site is located at 1820 West 5th Street between N. Medical Center Drive and N. Rancho Avenue, within the Commercial General-1 (CG-1) zone in Ward 1. •January 2023: Planning Commission voted to adopt Resolution No. 2023-002, denying a new Alcohol Beverage Control Type 21 License in conjunction with the proposed Mikey’s Market.       Packet Pg. 1348 Aerial Map Nunez Park Ruben Campos Community Center Subject Site West 5th StreetFlores Street      Packet Pg. 1349 Location/Zoning Map       Packet Pg. 1350 Denial Considerations •Exceeds the 3 licenses allowed. •Defined as Convenience Store. •Proximity to Nunez Park and Ruben Campos Community Center. •Not Compatible.       Packet Pg. 1351 Distancing: Rancho Ria Liquor       Packet Pg. 1352 Distancing: West Side Liquor       Packet Pg. 1353 •That the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-002 of the Planning Commission of the City of San Bernardino, California, denying Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07, denying a new Alcoholic Beverage Control Type-21 (Off-Sale General) License in conjunction with the proposed Mikey’s Market located at 1820 W. 5th Street. Recommendation       Packet Pg. 1354       Packet Pg. 1355       Packet Pg. 1356       Packet Pg. 1357       Packet Pg. 1358 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3692554 Jessica Nametz CITY OF SAN BERNARDINO/DEVELOPMENT SER 300 NORTH D ST #300 SAN BERNARDINO, CA - 92418 HRG - NOTICE OF HEARING NOTICE OF PUBLIC HEARING MCC 5.3.23 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 04/22/2023 04/24/2023 SAN BERNARDINO !A000006292561! Email NOTI CE OF PUB LIC HEARI NG BEFORE THE MAYO R AND CITY COUNCIL Notice is hereby given that the City of San Bernardino M ayo r and City Council will hold a public hearing on Wedne sday,May 3,2023 at 7:00 p.m.in the Feldheym Public Library,Bing Wong Auditorium,555 W.6th Street,San Bernardino, California 92410,on the following item(s): APPEAL 23-01 FOR CONDITIO NA L USE PERMIT 21- 18 AND PUBLI C CO NVENIENCE OR NECESSITY LETTER 21-07-A request to allow the development, establishment,and operation of a market with an Alcoholic Beverage Control Type 21 (Off-Sale General) License within an existing building containing approximately 2,024 square feet on a parcel containing approximately 0.45 acres.The project site is located at 1820 West 5th Street between N.Medical Center Drive and N.Rancho Avenue,Ward 1. Environmental Determination: Statutorily Exempt,pursuant to Section 15270 (Projects Which Are Disapproved)of the State CEQA Guidelines. Applicant:Fernando Castro Owner:Zhou Hui APPEAL 23-02 FOR CONDITIO NA L USE PERMIT 22- 12,A ND MI NOR EXCEP TION 22- 04 ---A request to allow the development of,establishment,and operation of a self-storage facility comprised of two (2)multi-story buildings containing a total of approximately 109,000 square feet, and approve a ten (10)percent increase in building height from thirty (30)feet to thirty (33)feet. The project site is located at 1534 W. Highland Avenue (APN:0148-174-04, 10,11,and 15 through 18),within the Commercial General (CG-1)zone. Ward 6 Environmental Determination: Categorically Exempt,pursuant to Section 15332 (In-Fill Development Projects)of the State CEQA Guidelines Applicant:SAFStor Real Estate Co, LLC Owner:Annabi,William N &Nellie N Living Trust The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items.The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions.The public is welcome to speak at the public hearing or to submit written comments prior to the hearing.For       Packet Pg. 1359 more information,please contact the City Clerk's Office by phone at (909)384-5002. If you challenge the resultant action of the Mayor and City Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. Sub mitte d:April 18,2023 Publis h:April 22,2023 (Legal Ad) Please send first proof for verification or changes by e-mail to Jessica Nametz: nametz_je@sbcity.org.Please reference ‘‘MCC Legal Ad’’on the billing and send to the City of San Bernardino,Planning Division,290 North D Street,San Bernardino,CA 92401. 4/22/23 SBS-3692554#       Packet Pg. 1360 1 2 9 8 PUBLIC HEARING City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04 Recommendation: Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone. Background On January 10, 2023, the Planning Commission considered a proposal for a Subdivision, Conditional Use Permit, and Minor Exception to allow for a self-storage facility at 1534 W. Highland Avenue. At the hearing, the Commissioners expressed the following concerns: •The proposed land use will create a saturation of similar non-retail uses on a major commercial retail corridor; •The proposed land use is not compatible with retail uses located on a major commercial retail corridor; and •The proposed land use design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor. Pursuant to Section 2.22.030 (Quorum and Vote Required) of the City of San Bernardino Municipal Code, five (5) members of the City Planning Commission shall       Packet Pg. 1361 1 2 9 8 constitute a quorum for the transaction of business. Action granting approval of any matter, except General Plan amendments, and amendments to the Municipal Code, must be taken by a majority vote of commissioners in attendance, and a failure to do so results in an automatic denial of the pending matter. Out of seven (7) Commissioners present, the motion to approve only received three (3) votes, which is not a majority. As a result of the lack of a majority vote taken, the motion failed, and Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 thereby was denied. Subsequently, in accordance with Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant filed Application for Appeal 23-02 within the 15-day appeal period of the decision taken by the Planning Commission denying Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04. However, due to delays in the ratification of the Planning Commission’s decision taken on January 10, 2023, Application for Appeal 23-02 was deferred until the Resolution outlining the findings for denial could be adopted by the Planning Commission at a future hearing. During the January 10, 2023, Planning Commission public hearing, the Planning Commission did not make any comments expressing opposition to Subdivision 22-08 but instead focused on its opposition to the proposed land use associated with Conditional Use Permit 22-12 and Minor Exception 22-04. Therefore, no findings could be made to deny Subdivision 22-08 and Resolution No. 2023-012 was prepared for approval of Subdivision 22-08, while Resolution No. 2023-006 was revised to ratify the Planning Commission’s decision to deny Conditional Use Permit 22-12 and Minor Exception 22-04. On March 14, 2023, the Planning Commission took two actions: 1. Adopted Resolution No. 2023-012 of the Planning Commission of the City of San Bernardino, California, approving Subdivision 22-08. 2. Adopted Resolution No. 2023-006 of the Planning Commission of the City of San Bernardino, California, denying Conditional Use Permit 22-12 and Minor Exception 22-04. In adopting Resolution No. 2023-006, ratifying the denial for Conditional Use Permit 22-12 and Minor Exception 22-04, the Planning Commission ratified the denial with a motion of six (6) to one (1) votes, carrying the latest motion. Subsequently, on April 4, 2023, the applicant submitted a letter revising Appeal 23-02 removing Subdivision 22-08 from the appeal while maintaining the appeal for the Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04. Discussion       Packet Pg. 1362 1 2 9 8 Appeal Grounds On January 25, 2023, an Application for Appeal 23-02 was filed. The specific grounds for the appeal are summarized as follows: 1. The Project is consistent with the City’s Development Code and General Plan Goals and Policies and will be catalyst for future development projects. 2. SAFStor is investing in the community where there is demand for modern climate-controlled storage facilities that will set high standards for additional new development on Highland Avenue. 3. The Facility will be a modern, state-of-the-art development project that will foster additional development interest to the area. 4. SAFStor partners with the community to provide storage units to those in need. Based on the information provided, the applicant is requesting that the Mayor and City Council uphold Appeal 23-02, thereby denying the Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04, and allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone. Project Description/Analysis The proposed self-storage facility, comprised of two (2) multi-story buildings, is consistent with the policies of the City’s General Plan and complies with the Development Standards of the City of San Bernardino Development Code for the Commercial General (CG-1) and uses. Per Section 19.06.020 (Commercial Zones – Development Permitted and Conditionally Permitted Uses) of the San Bernardino Development Code, self-storage facilities are permitted subject to the approval of a Conditional Use Permit. Additionally, per section 19.58.030 (Minor Exceptions – Applicability) of the San Bernardino Development Code, a ten (10) percent exception may be allotted to allow for an increase in building height from thirty (30) feet to thirty-three (33). Section 19.06.030(1) (Commercial Zones – Development Standards) of the San Bernardino Development, the development of a new structure shall be a maximum of thirty (30) feet in height within the Commercial General (CG-1) zone. Proposed structure heights exceeding thirty (30) feet in height are subject to approval of a Minor Exception with appropriate Conditions of Approval and CEQA determination. The proposed project consists of the construction of two (2) thirty-three (33) foot structures to exceed the maximum permitted height of thirty (30) feet for the development of a self-storage facility.       Packet Pg. 1363 1 2 9 8 Currently, there are existing easements on the property that create additional constraints on project design. Two (2) easements are for on-site sewer and water lines that service abutting properties to the north and east of the project site. One (1) easement provides access for an existing on-site telecommunications facility. Due to these additional constraints, the self-storage facility was designed to be comprised of two (2) multi-story buildings instead of one (1) building. Additionally, the proposed building heights were increased to up to three (3) feet in order to accommodate mechanical, electrical and plumbing equipment. Therefore, the additional three (3) feet is necessary in order to allow the property to enjoy improvements enjoyed by other property in the vicinity and under identical zone classification. The project site will have two (2) points of access, with the main point of access from W. Highland Avenue and the secondary point of access from Cabrera Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to off-street parking areas. The project will provide up to seventeen (17) parking spaces which include two (2) accessible parking spaces, and four (4) loading spaces. Architecture The proposed two (2) buildings will incorporate a modern contemporary design with an approximately 900 square foot internal management office and 800 individually partitioned self-storage units varying in size and accessed using interior pedestrian corridors and freight elevators. The exterior elevations will integrate a variation of finish materials which include veneer stone elements consisting of imperial stack graphite, ALPOLIC metal composites powder-coated blue, narrow and wide metal gray-colored panels, stucco gray finishes, and canopies and coping to match the gray and blue colors. Facade vertical breaks and pop-ups have been incorporated to screen roof mounted equipment and provide relief to the buildings’ mass. Landscaping The proposed project will provide new landscaped areas along W. Highland Avenue and Cabrera Avenue, and a decorative six (6) high block wall along the north and east side of the property. Additional landscape will be provided along the internal building areas and off-street parking. The landscape for the project will consist of various trees ranging in size, with 48-inch and 36-inch box size Velvet Ash and Pink Flowering Locust along Cabrera Avenue and frontage areas of W. Highland Avenue. In the internal off-street parking areas to include the two (2) proposed catch basins, there will be predominantly 24-inch box Chitalpa trees with mixture of 1-gallon and 5-gallon shrubs. Operations The proposed self-storage facility will be accessed 24 hours a day, seven (7) days a week. The office will be open Monday through Friday between the hours of 9:00 a.m. to 9:00 p.m. The facility will incorporate security cameras at the loading areas and other key locations throughout the site with one (1) to two (2) employees per shift.       Packet Pg. 1364 1 2 9 8 Traffic The City's Traffic Engineering Division has reviewed the proposed project scope study form for Levels of Service (LOS), and the Vehicle Miles Traveled (VMT) assessment. Based on the size of the project and number of trips generated, the Traffic Engineer has determined that the proposed project will not have a significant impact on the surrounding roadways or intersections. California Environmental Quality Act (CEQA) Pursuant to Section 15270(a) of the CEQA Guidelines, “CEQA does not apply to projects which a public agency rejects or disapproves.” Therefore, based upon the action of the Planning Commission, CEQA does not apply to the denial of Appeal 23- 02 for the denial of Conditional Use Permit 22-12 and Minor Exception 22-04. 2021-2025 Strategic Targets and Goals Appeal 23-02 for Conditional Use Permit 22-13 and Minor Exception 22-04 does not align with Key Strategic Goal 3. Improved Quality of Life. The proposed development will create a saturation of similar non-retail uses whose design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor. Therefore, the proposed development will not create a benefit to the surrounding businesses and residential neighborhood. Fiscal Impact There is no financial impact associated with this item. Conclusion Adopt Resolution No. 2023-061 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 23-02 thereby upholding Planning Commission’s denial of Conditional Use Permit 22-13 and Minor Exception 22-04 to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty-three (33) feet located at 1534 W. Highland Avenue (APN: 0148-174-04, 10, 11, 15 through 18), within the Commercial General (CG-1) zone. Attachments Attachment 1 Resolution No. 2023-061 (Denying Appeal 23-02) Attachment 2 Resolution No. 2023-061, Exhibit A - Plans Attachment 3 Planning Commission Resolution No. 2023-006 (Denying CUP 22-12 and ME 22-04) Attachment 4 Application for Appeal 23-02, Dated January 25, 2023 Attachment 5 Revised Appeal 23-02 Letter, Dated April 4, 2023 Attachment 6 Power Point Attachment 7 Newspaper Publication Ward: Sixth Ward       Packet Pg. 1365 1 2 9 8 Synopsis of Previous Council Actions: None       Packet Pg. 1366 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 1 of 9 2 5 2 7 RESOLUTION NO. 2023-061 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL 23-02 THEREBY UPHOLDING PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT 22-13 AND MINOR EXCEPTION 22-04 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT, AND OPERATION OF A SELF-STORAGE FACILITY COMPRISED OF TWO (2) MULTI-STORY BUILDINGS CONTAINING A TOTAL OF APPROXIMATELY 109,000 SQUARE FEET, AND A TEN (10) PERCENT INCREASE IN THE BUILDING HEIGHT FROM THIRTY (30) FEET TO THIRTY (33) FEET LOCATED AT 1534 W. HIGHLAND AVENUE (APN: 0148-174-04, 10, 11, 15 THROUGH 18), WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE. WHEREAS, on July 11, 2022, pursuant to the requirements of Chapter 19.66 (Subdivision Maps), Chapter 19.36 (Conditional Use Permits), and Chapter 19.58 (Minor Exceptions) of the City of San Bernardino Development Code, an application for Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 was duly submitted by: Owner: Annabi William N & Nellie N LIV TR 1032 Marcheta Street Altadena, CA 91001 Applicant: SAFStor Real Estate Co, LLC 355 Oneta Street, Suite D100 Athens, GA 30601 Property Address: 1534 W. Highland Avenue APN: 0148-174-04, 10, 11, 15 through 18 Lot Area: 2.43 acres WHEREAS, Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22- 04 is a request to allow the consolidation of seven (7) parcels into one (1) parcel (Tentative Parcel Map 20628) containing a total of approximately 2.43 acres to allow the development, establishment, and operation of a self-storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet, and approve a ten (10) percent increase in building height from thirty (30) feet to thirty (33) feet; and WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and       Packet Pg. 1367 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 2 of 9 2 5 2 7 WHEREAS, on January 10, 2023, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 and at which meeting the Planning Commission considered Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, on January 10, 2023, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Commissioner Quiel made a motion to adopt Resolution No. 2023-006 approving Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04 based on the Findings of Fact presented, Commissioner Morales seconded the motion; and WHEREAS, the motion failed by the following vote: Ayes: Quiel, Morales, Guerrero Nays: Lopez, Flores, Armstead, Lewis Absent: Garcia WHEREAS, at the January 10, 2023 Planning Commission meeting, the Commission listed various reasons for denying the project, including that the proposed land use will create a saturation of similar non-retail uses on a major commercial retail corridor, that the proposed land use is not compatible with retail uses located on a major commercial retail corridor, and that the proposed land use design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor; and WHEREAS, on January 25, 2023, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant submitted an application for Appeal No. 23-02 of the decision taken by the Planning Commission denying Subdivision 22-08, Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, at the January 10, 2023 Planning Commission meeting, the Commission did not make any comments expressing opposition to the subdivision but instead focused its opposition on the proposed land use; and WHEREAS, Resolution No. 2023-012 was prepared for approval of Subdivision 22-08 since no findings could be made for denial, while Resolution No. 2023-006 was revised to ratify the Planning Commission’s decision to deny Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, on March 14, 2023, the Planning Commission took two actions: 1) adopted Resolution No. 2023-012 of the Planning Commission of the City of San Bernardino, California, approving Subdivision 22-08, and 2) adopted Resolution No. 2023-006 of the Planning Commission of the City of San Bernardino, California, denying Conditional Use Permit 22-12 and Minor Exception 22-04; and       Packet Pg. 1368 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 3 of 9 2 5 2 7 WHEREAS, on April 4, 2023, the applicant submitted a letter revising Appeal 23-02 removing Subdivision 22-08 from the appeal while maintaining the appeal for the Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04; and WHEREAS, notice of the May 3, 2023 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 23-02 for Conditional Use Permit 22-12 and Minor Exception 22-04 was published in The Sun newspaper on April 22, 2023, and was mailed to owners of property and tenants located within 1,000 feet of the subject property of the holding of the public hearing in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 23-02 for Conditional Use Permit 22-12 and Minor Exception 22-04. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. As the decision- making body for the project, the Mayor and City Council have reviewed and considered the information contained in the administrative record for Conditional Use Permit 22-12 and Minor Exception 22-04. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) In accordance with Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Planning Commission has determined that consideration of Conditional Use Permit 22-12 and Minor Exception 22-04 is exempt from CEQA due to the fact that the Planning Commission is denying Conditional Use Permit 22-12 and Minor Exception 22-04; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission. SECTION 3.Findings of Fact – Conditional Use Permit 22-12. Finding No. 1:The proposed use is conditionally permitted within, and would not impair the integrity or character of, the subject land use district and complies with all of the applicable provisions of the Development Code.       Packet Pg. 1369 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 4 of 9 2 5 2 7 Finding of Fact:The proposed project is a conditionally permitted use, pursuant to Development Code Section 19.06.030(L)(14) and Section 19.06.030(2)(M). The project site is located in the Commercial General (CG-1) zone and is substantially surrounded by existing commercial uses. The proposed development will comply with all applicable Development Code standards, such as parking landscaping, building setbacks and height, etc. Furthermore, the development of the subject property will enhance the appearance of the currently underutilized property with the construction of the new commercial development with associated landscaping and on-site improvements. Although the development of the proposed self-storage facility complies with the development standards of the City’s Development Code, the development, establishment, and operation of a self-storage facility would create a saturation of land use design and architecture that is industrial in nature and would not be harmonious or compatible to the General Plan area within this subject vicinity. The subject vicinity is not a commercial retail use located along a major commercial retail corridor. As such, allowing the development, establishment, and operation of a self- storage facility in the subject vicinity would hinder the establishment of economically sound community-serving regional retail outlets along a major commercial retail corridor. Therefore, the project would impair the integrity and character of the subject land use district and be detrimental to surrounding properties. Finding No. 2:The proposed use is consistent with the General Plan. Finding of Fact:General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Economic Development Element Policy: Maintain and enhance commercial regional cores and economically sound community- serving commercial concentrations by attracting new regional outlets, maintaining the existing regional retail base, and stabilizing the future regional retail base. The proposed project is a conditionally permitted use, pursuant to Development Code Section 19.06.030(L)(14) and Section 19.06.030(2)(M). The project site is located in the Commercial General (CG-1) zone and is substantially surrounded by existing commercial uses. Although the proposed project is a conditionally permitted use within the Commercial General (CG-1) zone and is substantially surrounded by existing       Packet Pg. 1370 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 5 of 9 2 5 2 7 commercial uses, the development, establishment, and operation of a self- storage facility would not be compatible with retail uses located on a major commercial retail corridor since the land use design and architecture is industrial in nature and not compatible with the City’s westside gateway area. Additionally, the saturation of similar non-retail land uses along a major commercial corridor that is a gateway to the City’s westside area would hinder the establishment of economically sound community-serving regional retail outlets that would deprive the area of strategically in-filling sites with retail development. Therefore, the development, establishment, and operation of a self-storage facility would not be compatible to the General Plan area within the subject vicinity as it is not a commercial retail use located along a major commercial retail corridor that would foster long- term retail economic growth. Finding No. 3:Approval of the Conditional Use Permit for the proposed use complies with the requirements of the CEQA and §19.20.030(6) of the Development Code. Finding of Fact:As previously mentioned, in accordance with Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Planning Commission has determined that consideration of Conditional Use Permit 22-12 and Minor Exception 22-04 is exempt from CEQA due to the fact that the Planning Commission is denying Conditional Use Permit 22-12 and Minor Exception 22-04. Finding No. 4:There will be no potentially significant negative impacts on environmental quality or natural resources that could not be properly mitigated and monitored. Finding of Fact:The project site is located within an urbanized area and is surrounded by existing commercial development. Therefore, no significant negative impacts on the environment are anticipated to result from the proposed development. Finding No. 5:The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:Although, the proposed design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial development, provides two (2) points of access with the main point of access from W. Highland Avenue and the secondary point of access from Cabrera Avenue, and has internal site circulation to adequately       Packet Pg. 1371 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 6 of 9 2 5 2 7 accommodate on-site vehicular circulation and access to off-street parking areas, the proposed development, establishment, and operation of a self- storage facility at this location would not be harmonious or compatible with the land use district or General Plan area within this subject vicinity as it is not a commercial retail use located along a major commercial retail corridor. Additionally, the land use design and architecture being industrial in nature will create a saturation of similar uses that would not provide economically sound community-serving regional retail outlets along a major commercial retail corridor. Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact:The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with the applicable Development Code standards. The proposed building meets all setback and height requirements. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code. Finding No. 7:There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health or safety. Finding of Fact:The project site will have two (2) points of access with the main point of access from W. Highland Avenue and the secondary point of access from Cabrera Avenue. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to off- street parking areas. All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Establishment of the proposed project, subject to Conditions of Approval, will not be detrimental to public services or public health and safety. SECTION 4.Findings of Fact – Minor Exception 22-04. Section 19.58.50 of the City of San Bernardino Development Code requires that Minor Exception applications meet certain findings prior to approval. Conditional Use Permit 22-12 was filed in conjunction with Minor Exception 22-04. Since the Conditional Use Permit 22-12 for the development, establishment, and operation of a self-storage facility would create a saturation of land use design and architecture that is industrial in nature and would not be harmonious or compatible to the General Plan area within this subject vicinity for the reasons stated herein above in Section 3, Minor Exception 22- 04, being contingent on the approval of Conditional Use Permit 22-12, is now moot. Accordingly, the consideration of Minor Exception 22-04’s meeting the following findings is a moot exercise.       Packet Pg. 1372 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 7 of 9 2 5 2 7 Finding No. 1 That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zone classification. Finding No. 2 That granting the Minor Exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Minor Exception is sought. Finding No. 3 That granting the Minor Exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located. Finding No. 4 That granting the Minor Exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. Finding No. 5 That granting the Minor Exception does not exceed 10% of the standard(s) being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel. Finding No. 6 That granting the Minor Exception will not be inconsistent with the General Plan. SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of May, 2023. Helen Tran, Mayor City of San Bernardino       Packet Pg. 1373 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 8 of 9 2 5 2 7 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney       Packet Pg. 1374 Resolution No. 2023-061 Resolution No. 2023-061 May 3, 2023 Page 9 of 9 2 5 2 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-061, adopted at a regular meeting held on the 3rd day of May 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this 4th day of May 2023. Genoveva Rocha, CMC, City Clerk       Packet Pg. 1375 ΔW HIGHLAND AVECABRERA AVE XPROP.BASINPROPOSEDBLDG 1FF 1216.00PROPOSEDBLDG 2FF 1213.70PROP.BASINDEVELOPMENT SERVICESCITY OF SAN BERNARDINO660 S FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 WWW.KIMLEY-HORN.COM© 2022 KIMLEY-HORN AND ASSOCIATES, INC.LEGENDPAVEMENT LEGENDCONSTRUCTION NOTESNORTHNORTHPROJECT TEAMSITE INFORMATIONLEGAL DESCRIPTIONEASEMENT NOTES WALL TYPE GENERAL NOTES:GENERAL NOTES:KEY NOTES:TOTAL SF 108,972WEST BUILDING SF 54,645EAST BUILDING SF54,32778,733 SF/108,972 = 72.3%COUNTOVERALL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT85262236675X57X107.5X1010X1010X2021251404650236001340003%06%30%17%UNIT123456827X12 168 <01%TOTAL: 80678733100%23 10X30 6900 09%9216 5X10 10800 14%113 10X15 16950721%COUNTFIRST LEVEL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT12-1017155X57X107.5X1010X1010X20300-7501700300002%-05%13%23%UNIT1234568-7X12 - -TOTAL: 11613300100%910X30270020%931 5X10 1550 12%2210X15 3300725%<01%EAST BUILDINGAREA PER 1ST LEVEL SF 18,109COUNTEAST BUILDING - UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT54-31106335X57X107.5X1010X1010X201350-232510600660003%-06%27%17%UNIT123456-7X12 -TOTAL: 41539675100%910X30 270007%91125X10 5600 14%70 10X15 1050026%-FIRST LEVEL FLOOR PLAN - EAST BUILDING11/8" = 1'-0"KEY PLAN87CHECKED:PROJECT NO:DATE:REVISIONSNO DATE REMARKSDRAWN:SEAL:SAFSTOR1534 WEST HIGHLAND AVE.SAN BERNARDINO, CA2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.DAVID BOYCEARCHITECT220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008THIS DOCUMENT IS NOTFOR REGULATORYAPPROVAL, PERMITTING,OR CONSTRUCTION.07.11.2022A-1.01FIRST LEVEL FLOOR PLANKWTGP:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD East Building\2021.1185_A-1.01 First Level Floor Plan - East Building.dwg, A-1.01 FIRST LEVEL FLOOR PLAN, 7/12/2022 11:08:54 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 WALL TYPE GENERAL NOTES:GENERAL NOTES:KEY NOTES:SECOND LEVEL FLOOR PLAN - EAST BUILDING11/8" = 1'-0"TOTAL SF 108,972WEST BUILDING SF 54,645EAST BUILDING SF54,32778,733 SF/108,972 = 72.3%COUNTOVERALL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT85262236675X57X107.5X1010X1010X2021251404650236001340003%06%30%17%UNIT123456827X12 168 <01%TOTAL: 80678733100%23 10X30 6900 09%9216 5X10 10800 14%113 10X15 16950721%COUNTSECOND LEVEL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT26-104095X57X107.5X1010X1010X20650-7504000180005%-06%30%13%UNIT1234568-7X12 - -TOTAL: 14513400100%-10X30--928 5X10 1400 10%32 10X154800736%<01%EAST BUILDINGAREA PER 2ND LEVEL SF 18,109COUNTEAST BUILDING - UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT54-31106335X57X107.5X1010X1010X201350-232510600660003%-06%27%17%UNIT1234568-7X12 -TOTAL: 41539675100%910X30 270007%91125X10 5600 14%70 10X15 10500726%-KEY PLANCHECKED:PROJECT NO:DATE:REVISIONSNO DATE REMARKSDRAWN:SEAL:SAFSTOR1534 WEST HIGHLAND AVE.SAN BERNARDINO, CA2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.DAVID BOYCEARCHITECT220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008THIS DOCUMENT IS NOTFOR REGULATORYAPPROVAL, PERMITTING,OR CONSTRUCTION.07.11.2022A-1.02SECOND LEVEL FLOOR PLANKWTGP:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD East Building\2021.1185_A-1.02 Second Level Floor Plan - East Building.dwg, A-1.02 SECOND LEVEL FLOOR PLAN, 7/12/2022 11:09:50 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 WALL TYPE GENERAL NOTES:GENERAL NOTES:KEY NOTES:THIRD LEVEL FLOOR PLAN - EAST BUILDING11/8" = 1'-0"TOTAL SF 108,972WEST BUILDING SF 54,645EAST BUILDING SF54,32778,733 SF/108,972 = 72.3%COUNTOVERALL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT85262236675X57X107.5X1010X1010X2021251404650236001340003%06%30%17%UNIT123456827X12 168 <01%TOTAL: 80678733100%23 10X30 6900 09%9216 5X10 10800 14%113 10X15 16950721%COUNTTHIRD LEVEL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT16-114995X57X107.5X1010X1010X20400-8254900180003%-07%38%14%UNIT1234567-7X12 - -TOTAL: 15412975100%-10X30--953 5X10 2650 20%16 10X152400618%<01%EAST BUILDINGAREA PER 3RD LEVEL SF 18,109COUNTEAST BUILDING - UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT54-31106335X57X107.5X1010X1010X201350-232510600660003%-06%27%17%UNIT1234567-7X12 -TOTAL: 41539675100%910X30 270007%91125X10 5600 14%70 10X15 10500626%-KEY PLANCHECKED:PROJECT NO:DATE:REVISIONSNO DATE REMARKSDRAWN:SEAL:SAFSTOR1534 WEST HIGHLAND AVE.SAN BERNARDINO, CA2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.DAVID BOYCEARCHITECT220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008THIS DOCUMENT IS NOTFOR REGULATORYAPPROVAL, PERMITTING,OR CONSTRUCTION.07.11.2022A-1.03THIRD LEVEL FLOOR PLANKWTGP:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD East Building\2021.1185_A-1.03 Third Level Floor Plan - East Building.dwg, A-1.03 THIRD LEVEL FLOOR PLAN, 7/12/2022 11:10:46 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 WALL TYPE GENERAL NOTES:GENERAL NOTES:KEY NOTES:FIRST LEVEL FLOOR PLAN - WEST BUILDING11/8" = 1'-0"TOTAL SF 108,972WEST BUILDING SF 54,645EAST BUILDING SF54,327OFFICE / LOBBY SF 90978,733 SF/108,972 = 72.3%COUNTOVERALL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT85262236675X57X107.5X1010X1010X2021251404650236001340003%06%30%17%UNIT123456827X12 168 <01%TOTAL: 80678733100%23 10X30 6900 09%9216 5X10 10800 14%113 10X15 16950721%COUNTFIRST LEVEL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT4-637145X57X107.5X1010X1010X20100-4503700280001%-04%29%22%UNIT1234568-7X12 - -TOTAL: 10212700100%1410X30 420033%926 5X10 1300 10%110X15 150701%<01%WEST BUILDINGAREA PER 1ST LEVEL SF 18,215COUNTWEST BUILDING - UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT31231130345X57X107.5X1010X1010X20775140232513000680002%<01%07%33%17%UNIT123456727X12 168TOTAL: 39139058100%1410X30 420011%9104 5X10 5200 13%43 10X15 645017%<01%8KEY PLANCHECKED:PROJECT NO:DATE:REVISIONSNO DATE REMARKSDRAWN:SEAL:SAFSTOR1534 WEST HIGHLAND AVE.SAN BERNARDINO, CA2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.DAVID BOYCEARCHITECT220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008THIS DOCUMENT IS NOTFOR REGULATORYAPPROVAL, PERMITTING,OR CONSTRUCTION.07.08.2022A-1.01FIRST LEVEL FLOOR PLANKWTGP:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD West Building\2021.1185_A-1.01 First Level Floor Plan - West Building.dwg, A-1.01 FIRST LEVEL FLOOR PLAN, 7/12/2022 11:29:51 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 WALL TYPE GENERAL NOTES:GENERAL NOTES:KEY NOTES:SECOND LEVEL FLOOR PLAN - WEST BUILDING11/8" = 1'-0"TOTAL SF 108,972WEST BUILDING SF 54,645EAST BUILDING SF54,32778,733 SF/108,972 = 72.3%COUNTOVERALL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT85262236675X57X107.5X1010X1010X2021251404650236001340003%06%30%17%UNIT123456827X12 168 <01%TOTAL: 80678733100%23 10X30 6900 09%9216 5X10 10800 14%113 10X15 16950721%COUNTSECOND LEVEL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT1611843105X57X107.5X1010X1010X204007013504300200003%01%10%32%15%UNIT123456817X12 84TOTAL: 14613154100%-10X30 --936 5X10 1800 14%2110X15 3150724%<01%WEST BUILDINGAREA PER 2ND LEVEL SF 18,21501%COUNTWEST BUILDING - UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT31231130345X57X107.5X1010X1010X20775140232513000680002%<01%07%33%17%UNIT123456827X12 168TOTAL: 39139058100%1410X30 420011%9104 5X10 5200 13%43 10X15 6450717%<01%KEY PLANCHECKED:PROJECT NO:DATE:REVISIONSNO DATE REMARKSDRAWN:SEAL:SAFSTOR1534 WEST HIGHLAND AVE.SAN BERNARDINO, CA2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.DAVID BOYCEARCHITECT220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008THIS DOCUMENT IS NOTFOR REGULATORYAPPROVAL, PERMITTING,OR CONSTRUCTION.07.08.2022A-1.02SECOND LEVEL FLOOR PLANKWTGP:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD West Building\2021.1185_A-1.02 Second Level Floor Plan - West Building.dwg, A-1.02 SECOND LEVEL FLOOR PLAN, 7/12/2022 11:32:45 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 WALL TYPE GENERAL NOTES:GENERAL NOTES:KEY NOTES:THIRD LEVEL FLOOR PLAN - WEST BUILDING11/8" = 1'-0"TOTAL SF 108,972WEST BUILDING SF 54,645EAST BUILDING SF54,32778,733 SF/108,972 = 72.3%COUNTOVERALL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT85262236675X57X107.5X1010X1010X2021251404650236001340003%06%30%17%UNIT123456827X12 168 <01%TOTAL: 80678733100%23 10X30 6900 09%9216 5X10 10800 14%113 10X15 16950721%COUNTTHIRD LEVEL UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT111750105X57X107.5X1010X1010X20275705255000200002%<01%04%38%15%UNIT123456817X12 84TOTAL: 14313204100%-10X30 --9425X10 2100 16%2110X15 3150724%<01%WEST BUILDINGAREA PER 3RD LEVEL SF 18,21501%COUNTWEST BUILDING - UNIT MIX SCHEDULEUNIT TYPERENTABLEAREAPERCENT31231130345X57X107.5X1010X1010X20775140232513000680002%<01%07%33%17%UNIT123456827X12 168TOTAL: 39139058100%1410X30 420011%9104 5X10 5200 13%43 10X15 6450717%<01%KEY PLANCHECKED:PROJECT NO:DATE:REVISIONSNO DATE REMARKSDRAWN:SEAL:SAFSTOR1534 WEST HIGHLAND AVE.SAN BERNARDINO, CA2021.1185 DAVID BOYCE RESERVES COPYRIGHT & OTHER RIGHTS RESTRICTING THESE DOCUMENTS TO THE ORIGINAL SITE OR PURPOSE FOR WHICH THEY WERE PREPARED. REPRODUCTIONS, CHANGES OR ASSIGNMENTS ARE PROHIBITED.DAVID BOYCEARCHITECT220 E. CENTRAL PKWY, STE 4000ALTAMONTE SPRINGS, FL 32701407.645.5008THIS DOCUMENT IS NOTFOR REGULATORYAPPROVAL, PERMITTING,OR CONSTRUCTION.07.08.2022A-1.03THIRD LEVEL FLOOR PLANKWTGP:\S\SafStor\2021.1185 - SAFStor West Highland Ave., San Bernardino, CA\3 CAD & Drawings\2 Construction Documents\CD West Building\2021.1185_A-1.03 Third Level Floor Plan - West Building.dwg, A-1.03 THIRD LEVEL FLOOR PLAN, 7/12/2022 11:34:34 AM, kevwat, DWG To PDF.pc3, ARCH E1 (30.00 x 42.00 Inches), 1:1 X PROPOSEDBLDG 1FF 1216.00PROP.BASINW HIGHLAND AVECABRERA AVEPROP.BASINPROPOSEDBLDG 2FF 1213.70DEVELOPMENT SERVICESCITY OF SAN BERNARDINO660 S FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 WWW.KIMLEY-HORN.COM© 2022 KIMLEY-HORN AND ASSOCIATES, INC.EXISTING UTILITY NOTENORTHLEGENDESTIMATED EARTHWORK QUANTITIESEASEMENT NOTES···GRADING NOTES DEVELOPMENT SERVICESCITY OF SAN BERNARDINO660 S FIGUEROA STREET, SUITE 2050, LOS ANGELES, CA 90017 PHONE: 213-261-4040 WWW.KIMLEY-HORN.COM© 2022 KIMLEY-HORN AND ASSOCIATES, INC.1GRADING DETAILNORTH 2GRADING DETAILNORTH3GRADING DETAILNORTHCABRERA AVEW HIGHLAND AVE W HIGHLAND AVECABRERA AVE1011215.468101 CTRL SCRIBE X1021215.473102 CTRL SCRIBE X1031215.770103 1IN IP TT SBCITY1051217.570105 CTRL SCRIBE XSCALE 1" = 6015 30 30'NSEWX:\Projects\2021\210688 - SAFStor West Highland - San Bernardino, CA\Design\Construction\Landscape\SAFStor Highland Landscape - 210688.dwg 9-15-22 11:03:26 AM pargoREVISIONSDATE:COMMENTDATEA468101214161820222426283032BCDEFGHIJKL2ALL DRAWINGS SHALL REMAIN THE PROPERTY OF W&A ENGINEERING.THESE INSTRUMENTS OF SERVICE ARE TO BE USED SOLELY FOR THISSPECIFIC PROJECT. W&A ENGINEERING SHALL RETAIN ALL LEGALRIGHTS TO THE USE OF THE INSTRUMENTS OF SERVICE AND SHALLRETAIN FULL PROTECTION UNDER UNITED STATES COPYRIGHT LAW.PRELIMINARYLANDSCAPE PLANL201210688CUP Submittal 6/29/20229/14/2022CUP SUBMITTAL COMMENTS..............SAFStor HIGHLAND SAN BERNARDINO,CA W. HIGHLAND AVENUE - +/-2.47 ACRESPLANTBSCHEDULE       Packet Pg. 1388       Packet Pg. 1389       Packet Pg. 1390       Packet Pg. 1391       Packet Pg. 1392       Packet Pg. 1393       Packet Pg. 1394       Packet Pg. 1395       Packet Pg. 1396       Packet Pg. 1397       Packet Pg. 1398       Packet Pg. 1399       Packet Pg. 1400       Packet Pg. 1401       Packet Pg. 1402       Packet Pg. 1403       Packet Pg. 1404       Packet Pg. 1405       Packet Pg. 1406       Packet Pg. 1407       Packet Pg. 1408       Packet Pg. 1409       Packet Pg. 1410       Packet Pg. 1411       Packet Pg. 1412       Packet Pg. 1413       Packet Pg. 1414       Packet Pg. 1415       Packet Pg. 1416       Packet Pg. 1417       Packet Pg. 1418       Packet Pg. 1419       Packet Pg. 1420       Packet Pg. 1421 29045662.1/203920.0002 Brent R. McManigal Director bmcmanigal@fennemorelaw.com 550 E. Hospitality Lane, Suite 350 San Bernardino, California 92408 PH (909) 723-1807 | FX (909) 890-9877 fennemorelaw.com Fennemore LLP. April 4, 2023 BY HAND DELIVERY Honorable Mayor and City Council Members City of San Bernardino City Council 290 North D Street San Bernardino, CA 92401 Re: Revised Appeal of Planning Commission – Conditional Use Permit 22-12 and Minor Exception 22-04 Dear Honorable Mayor and City Council Members: On January 25, 2023, we sent on behalf of SAFStor Real Estate Company, LLC (“Applicant” or “SAFStor”) a letter appealing the Planning Commission’s denial of Applicant’s proposed project located at 1534 W. Highland Avenue (“Appeal Letter”). The Appeal Letter included the following land use entitlements: Subdivision 22-08 (Tentative Parcel Map 20628), Conditional Use Permit 22-12 and Minor Exception 22-04 (collectively, “Entitlements”). A copy of the Appeal Letter is attached hereto as Exhibit 1. At the Planning Commission’s hearing on January 10, 2023, the Commission voted to deny all three of the Entitlements; however, planning staff had to bring back a Resolution that included appropriate findings to support that denial. When the Planning Commission met on March 14, 2023 it only denied Conditional Use Permit 22-12 and Minor Exception 22-04 (Resolution 2023-006-PC). The Planning Commission was unable to make findings to deny Subdivision 22-08 and approved Resolution 2023-012-PC approving the parcel map. Since the Planning Commission approved Subdivision 22-08, by this letter, we are removing Subdivision 22-08 from the Appeal Letter. Applicant is still appealing Planning Commission’s denial of Conditional Use Permit 22-12 and Minor Exception 22-04 and requests that the City Council over-turn the Planning Commission’s denial and approve the SAFStor Project. This Project is a significant investment in the City that will benefit everyone.       Packet Pg. 1422 Honorable Mayor and City Council Members April 4, 2023 Page 2 29045662.1/203920.0002 Fennemore LLP. Please contact me with any questions and I look forward to presenting and answering any questions at the City Council hearing. Sincerely, FENNEMORE LLP Brent R. McManigal BMCM/myr Enclosures       Packet Pg. 1423 EXHIBIT 1       Packet Pg. 1424       Packet Pg. 1425       Packet Pg. 1426       Packet Pg. 1427       Packet Pg. 1428       Packet Pg. 1429       Packet Pg. 1430       Packet Pg. 1431       Packet Pg. 1432       Packet Pg. 1433       Packet Pg. 1434       Packet Pg. 1435 Appeal for Conditional Use Permit 22-13 and Minor Exception 22-04 Presented by Elizabeth Mora-Rodriguez, Senior Planner Community & Economic Development Department       Packet Pg. 1436 Proposed Project: A self -storage facility comprised of two (2) multi-story buildings containing a total of approximately 109,000 square feet 10% increase in building height from 30 feet to 33 feet 1534 W. Highland Avenue 2.43 acres Commercial General (CG-1) zone       Packet Pg. 1437 Aerial Map: PROJECT SITE       Packet Pg. 1438 Site Plan:       Packet Pg. 1439 Rendering:       Packet Pg. 1440 Background: January 10, 2023, the motion failed due to lack of majority January 25, 2023, Applicant file Application for Appeal 23-02 Due to delays in ratification of denial, Application for Appeal 23-02 was deferred Due to no comments expressed for opposition of subdivision to consolidate parcels, but instead focused on opposition to the land use, staff prepared 2 Resolutions with 2 independent actions March 14, 2023, Planning Commission took 2 actions: 1)Adopted Resolution 2023-012-PC approving Subdivision 22-08 2)Adopted Resolution 2023-006-PC denying Conditional Use Permit 22-12 and Minor Exception 22-04 April 4, 2023, the applicant submitted a letter revising Appeal 23-02       Packet Pg. 1441 Planning Commission Denial: Planning Commissioner’s expressed land use concerns: The proposed land use will create a saturation of similar non-retail uses on a major commercial retail corridor; The proposed land use is not compatible with retail uses located on a major commercial retail corridor; and The proposed land use design and architecture is industrial in nature and not compatible with commercial retail uses located along a major commercial retail corridor.       Packet Pg. 1442 Appeal Request: Specific grounds for the Application for Appeal 23-02 are summarized as follows: The Project is consistent with the City’s Development Code and General Plan Goals and Policies and will be catalyst for future development projects. SAFStor is Investing in the community where there is demand for modern climate-controlled storage facilities that will set high standard for additional new development on Highland Avenue. The Facility will be a modern, state-of-the-art development project that will foster additional development interest to the area. SAFStor Partners with the Community to provide storage units to those in need.       Packet Pg. 1443 Recommendation: Adopt a Resolution denying Appeal 23-02,thereby upholding thePlanningCommission’s denial of Conditional Use Permit 22-13andMinorException22-04 The Mayor and City Council: 1.       Packet Pg. 1444 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3692554 Jessica Nametz CITY OF SAN BERNARDINO/DEVELOPMENT SER 300 NORTH D ST #300 SAN BERNARDINO, CA - 92418 HRG - NOTICE OF HEARING NOTICE OF PUBLIC HEARING MCC 5.3.23 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 04/22/2023 04/24/2023 SAN BERNARDINO !A000006292561! Email NOTI CE OF PUB LIC HEARI NG BEFORE THE MAYO R AND CITY COUNCIL Notice is hereby given that the City of San Bernardino M ayo r and City Council will hold a public hearing on Wedne sday,May 3,2023 at 7:00 p.m.in the Feldheym Public Library,Bing Wong Auditorium,555 W.6th Street,San Bernardino, California 92410,on the following item(s): APPEAL 23-01 FOR CONDITIO NA L USE PERMIT 21- 18 AND PUBLI C CO NVENIENCE OR NECESSITY LETTER 21-07-A request to allow the development, establishment,and operation of a market with an Alcoholic Beverage Control Type 21 (Off-Sale General) License within an existing building containing approximately 2,024 square feet on a parcel containing approximately 0.45 acres.The project site is located at 1820 West 5th Street between N.Medical Center Drive and N.Rancho Avenue,Ward 1. Environmental Determination: Statutorily Exempt,pursuant to Section 15270 (Projects Which Are Disapproved)of the State CEQA Guidelines. Applicant:Fernando Castro Owner:Zhou Hui APPEAL 23-02 FOR CONDITIO NA L USE PERMIT 22- 12,A ND MI NOR EXCEP TION 22- 04 ---A request to allow the development of,establishment,and operation of a self-storage facility comprised of two (2)multi-story buildings containing a total of approximately 109,000 square feet, and approve a ten (10)percent increase in building height from thirty (30)feet to thirty (33)feet. The project site is located at 1534 W. Highland Avenue (APN:0148-174-04, 10,11,and 15 through 18),within the Commercial General (CG-1)zone. Ward 6 Environmental Determination: Categorically Exempt,pursuant to Section 15332 (In-Fill Development Projects)of the State CEQA Guidelines Applicant:SAFStor Real Estate Co, LLC Owner:Annabi,William N &Nellie N Living Trust The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items.The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions.The public is welcome to speak at the public hearing or to submit written comments prior to the hearing.For       Packet Pg. 1445 more information,please contact the City Clerk's Office by phone at (909)384-5002. If you challenge the resultant action of the Mayor and City Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. Sub mitte d:April 18,2023 Publis h:April 22,2023 (Legal Ad) Please send first proof for verification or changes by e-mail to Jessica Nametz: nametz_je@sbcity.org.Please reference ‘‘MCC Legal Ad’’on the billing and send to the City of San Bernardino,Planning Division,290 North D Street,San Bernardino,CA 92401. 4/22/23 SBS-3692554#       Packet Pg. 1446 1 3 0 4 PUBLIC HEARING City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community, Housing, & Economic Development (CED) Subject:Proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2. Consider any necessary changes to the proposed Fiscal Year 2023-24 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development. Background The City of San Bernardino (City) is entitled to received Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development (HUD). The funds are made available to provide decent housing, suitable living environments, and expanded economic opportunities, principally for low and moderate-income persons. Each year, the City prepares an Annual Action Plan (Plan), which describes how the City will spend its federal CDBG, HOME, and ESG funds that it expects to receive from the HUD. This is the fourth year of the City’s Consolidated Plan (2020-25), which is a strategic framework for the City’s housing and community development goals over a five-year       Packet Pg. 1447 1 3 0 4 period. These needs were first identified in the City’s Five-Year Consolidated Plan, which sets the vision for allocating federal resources to housing, homelessness, community development, and special needs in the community. The Fiscal Year 2022-23 (FY2023-24) HUD Annual Action Plan (AAP) is intended to recognize and accept the new FY2023-24 HUD allocation of CDBG, HOME, and ESG funding and allocate these funds to activities that will address the strategies and objectives identified in the City’s 2020-25 HUD Consolidated Plan that was approved by the City Council on April 15, 2020. Discussion To receive federal funding from HUD, the City must submit an AAP that identifies the proposed activities that will be used to address the priority needs and specific goals identified in the City’s 2020-2025 (Five-Year) Consolidated Plan. For FY23-24, the City anticipates receiving approximately $2,942,853 in CDBG funds, $1,460,93 in HOME funds, and $273,557 in ESG funds. Subject to limitations imposed by federal regulations, HOME, ESG, or CDBG funds may be used for homeowner assistance, emergency shelter, homelessness prevention, housing preservation, economic development, capital improvements, public services, housing development, fair housing, and program management. CDBG: The total allocation is $2,942,853, of which $588,570 is allowed for program administration. The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income. Jurisdictions receiving CDBG funds must use the funds to meet one of the three national objectives: 1. To benefit low and moderate-income persons; 2. To aid in the prevention or elimination of slums and blight; or 3. To meet community development needs having a particular urgency. The City is required to fund Section 108 Repayment ($782,760) and Fair Housing services. Public Services: CDBG requirement restricts funding to 15% of total CDBG allocation, or $441,427, the City staff received the following Public Service funding applications: •Inland Fair Housing and Mediation Board (Required) $77,000 o Fair Housing/Tenant Landlord Mediation •City Tenant Protection Pilot Program (2 years) $201,365 o No-Cost legal services •Asociacion de Emprendebor@s $60,000       Packet Pg. 1448 1 3 0 4 o Micro Enterprise •Benjamin E. Jones Community Resource Center $421,952 o Feed My Sheep •Casa Ramona $130,000 o Construct Fence at 1524 W. 7th St. •City Way $333,500 o City Way Grow Job Training Program •Inland Empire Community Outreach Center $236,950 o Street Outreach •Lutheran Social Services $25,000 o Shelter Renovations •Nehemiah Charitable Fund $15,000 o Emergency Assistance Program •Neighborhood Housing Services of the Inland Empire $190,716 o Brick by Brick Education and Advising •Team Elite Athletes $250,000 o Team Elite Sports Academy •Women’s Inspiration Network $38,228 o Referral and Outreach TOTAL REQUESTED: $1,979,711 The Casa Ramona and Lutheran Social Services request are not eligible public service activities, pursuant to the Code of Federal Regulations 24 CFR 570.207(b)(2). The City staff recently released a request for proposal to solicit services for a Homeless Outreach Team, that closed February 22, 2023. Once the proposals are evaluated, accepted, and approved by the Council, on May 17, 2023, this will reduce the need to utilize the City’s limited CDBG funds for homeless street outreach. The City staff will return on June 17, 2023, with the final recommendations based on the providers ability to adhere to Federal Regulations, expenditure obligations, reporting requirements, and experience administrating CDBG funds. Public Facilities and Improvements ($2,757,094 eligible if maximum Public Service is funded). The City staff recommends funds for street improvement project, for approximately $1,057,094, at multiple CDBG eligible locations in the City to be undertaken by the City’s Public Works Department. The improvement of the streets will have a positive impact in the neighborhoods. In conjunction with the recently declared Homelessness State of Emergency, the City staff is recommending setting aside funding of approximately $1,700,000 for an interim navigation center/ temporary Emergency Shelter. HOME: The total allocation is $1,460,936 with $146,094 allowed for program administration. The objectives of the program are:       Packet Pg. 1449 1 3 0 4 1. To strengthen the ability of state and local governments to design and implement strategies for achieving adequate supplies of decent, affordable housing. 2. To provide assistance to participating jurisdictions for development of affordable housing; and 3. To strengthen partnerships among all levels of government and the private sector. The City staff will release a Notice of Funding Availability (NOFA) for housing rehabilitation, new construction, and acquisition and rehabilitation, for multifamily projects, which must benefit low-income renters. Staff will return to City Council, once a project has been determined eligible, for approval. ESG: The City’s total allocation is $273,557, of which $20,516 is allowed for administration. The remaining $253,040 can be directed towards programs that provide: 1. Engagement of individuals and families living on the streets. 2. Improvement of homeless shelters and operation of shelters. 3. Rapid re-housing of homeless persons, and; 4. Homelessness prevention for families and individuals at risk of becoming homeless. The City staff received the following funding applications: •Lutheran Social Services $150,000 •Salvation Army $140,000 •Inland Empire Community Outreach $103,200 •Community Action Partnership $150,000 •Family Service Association of Redlands $70,455 •The Kingdom Way Center $169,000 As stated above, Homeless Outreach Team is in place, this will reduce the need to utilize the City’s limited ESG funds for homeless street outreach. The City staff will return with recommendations based on the City’s need for emergency shelters, homeless prevention, rapid rehousing, and Housing Information Management System cost. Additionally, the City staff will consider the provider’s ability to adhere to Federal Regulations, expenditure obligations, reporting requirements, and experience administrating ESG funds. During FY2023-24, additional resources, such as program income from CDBG and HOME, may become available and be allocated to eligible CDBG and HOME activities. Any activities identified to receive additional CDBG or HOME resources will be brought to the Council for approval. The Housing division will return on June 21, 2023, with the final proposed FY2023-24 Action Plan with incorporated public comment and funding recommendations.       Packet Pg. 1450 1 3 0 4 2021-2025 Strategic Targets and Goals The proposed Action Plan will meet Key Target No. 3: Improved Quality of Life by providing infrastructure, fair housing and business assistance in the City. This funding will allow the City to continue to fund programs that preserve and improve the quality of the housing stock, promote homeownership, assist in small business start-up and expansions, fund infrastructure projects, and maintain a working relationship with the federal government. Fiscal Impact There is no fiscal impact to the General Fund associated with this report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing to obtain citizen’s comments on the proposed Fiscal Year 2023-2024 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2. Consider any necessary changes to the proposed Fiscal Year 2023-24 Annual Action Plan and direct staff to return on June 21, 2023, with the final Annual Action Plan for consideration prior to submittal to United States Department of Housing and Urban Development. Attachments Attachment 1 – FY2020-2025 Consolidated Plan Attachment 2 – Draft FY2023-24 Annual Action Plan Ward: All Wards Synopsis of Previous Council Actions: April 15, 2020 The City Council Adopt the draft Fiscal Year 2020-2025 Consolidated Plan.       Packet Pg. 1451 Demo Consolidated Plan SAN BERNARDINO 1 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1452 Demo Consolidated Plan SAN BERNARDINO 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of San Bernardino (City) is an entitlement City that receives federal funding from the US Department of Housing and Urban and Development (HUD). The City receives funds through the Community Development Block Grant (CDBG) program, HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG). The CDBG entitlement program provides formula funding to cities and counties to address community development needs. Seventy percent of gross funding must be used to serve low- to moderate-income households. Eligible activities must meet one of the following national objectives for the program: - and moderate-income persons a serious and immediate threat to the health or welfare of the community for which other funding is not available The HOME entitlement program provides formula grant funding for a wide range of activities including building, purchasing, and/or rehabilitating affordable housing for rent or homeownership and providing direct rental assistance to low- governments to use HOME funds for grants, direct loans, loan guarantees or other forms of credit enhancements, or rental assistance or security deposits. The ESG program provides formula grant funding to cities and counties to engage homeless individuals and families living on the street, rapidly re-house homeless individuals and families, help operate and provide essential services in emergency shelters for homeless individuals and families, and prevent individuals and families from becoming homeless. The Consolidated Plan (ConPlan) is a five-year planning document. This plan covers the period from fiscal year 2020-21 through fiscal year 2024-25. The purpose of the ConPlan is to guide a jurisdiction to: -driven, place-based investment decisions; and -wide discussions to identify housing and community development priorities that align and focus on eligible activities for CDBG funding. Recipients of CDBG and HOME funding must also prepare and submit to HUD an Annual Action Plan (AAP) that describes in detail, each year, how the ConPlan will be carried out. The AAP must provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the ConPlan. Additionally, at the end of each fiscal year, jurisdictions must complete and submit to HUD a Consolidated Annual Performance and Evaluation Report (CAPER) to report on the accomplishments and progress toward the       Packet Pg. 1453 Demo Consolidated Plan SAN BERNARDINO 3 OMB Control No: 2506-0117 (exp. 06/30/2018) The City anticipates approximately $15,000,000 in CDBG funds, $6,000,000 in HOME funds, and $1,400,000 in ESG funds during the 2020-2025 ConPlan period. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The objective of the Needs Assessment is to gather information from the community and all partners, as housing, special needs population, and community development needs. This information is used to make data-driven decisions to establish priority community needs and strategies based on current conditions, expected funds, and local capacity. Through data collection, outreach, and analysis med, along with the projects and A summary of needs identified in the City of San Bernardino include: Rehabilitation of single-family owner-occupied housing and rental units Housing for households below 80% area median income Expanding homeownership Homeless services and homeless prevention services Economic development Improvement of facilities and infrastructure Fair housing services See Needs Assessment (NA) section beginning on page 26 for additional discussion on these identified needs.       Packet Pg. 1454 Demo Consolidated Plan SAN BERNARDINO 4 OMB Control No: 2506-0117 (exp. 06/30/2018) Strategic Plan Summary 3. Evaluation of past performance years. Those projects have contributed to improved housing affordability and expanded economic opportunities for low- and moderate-income households. Affordable Housing.HOME funds were used to construct new homeowner housing and CDBG funds were used to rehabilitate existing housing. For example, in FY 2018-2019, three new homeowner units were added, and seven homeowner houses were rehabilitated. Additionally, in FY 2019-2020, the City anticipates adding eight new single-family ownership units for households earning between 50 and 80 percent AMI. Fair Housing.CDBG funds were used to contract with the Inland Fair Housing Mediation Board to provide fair housing services, including landlord/tenant mediation, housing counseling, alternative dispute resolution, and senior services to San Bernardino residents. For example, in FY 2018-2019, approximately 2,700 residents were served. For FY 2019-2020, the City anticipates serving approximately 3,300 residents. Homelessness.ESG funds were used to connect homeless individuals to services, such as street outreach, rapid rehousing, emergency shelter, and homeless prevention services. As of FY 2018-19, 566 people were served through these programs. Additionally, in FY 2018-2019, the City assisted in the acquisition and rehabilitation of a 38-unit apartment complex to assist homeless households into       Packet Pg. 1455 Demo Consolidated Plan SAN BERNARDINO 5 OMB Control No: 2506-0117 (exp. 06/30/2018) permanent supportive housing. In FY 2019-2020, the City anticipates serving 350 persons experiencing homelessness. 4. Summary of citizen participation process and consultation process Robust community engagement was achieved through engaging a diverse group of stakeholders to identify priorities, concerns, and values. The feedback provided through the community engagement process supported the development of this ConPlan, including the development of housing and community development needs, priorities, goals, and strategies for funding allocation. For the purposes of this plan, the community outreach included residents, business owners, and interest groups. Targeted outreach was provided to youth, elderly, racial and ethnic minorities, renters and property owners, and business owners across the City. Leveraging existing stakeholder contacts, recognizing underrepresented stakeholders, and identifying new stakeholders was integral to the process of reaching the greater San Bernardino community and ensuring a broad depth of participation. The City announced the various community engagement opportunities through its social media, newspaper noticing, and email blasts. Members of the public had the following opportunities for participation and comment, all of which were offered throughout San Bernardino during the ConPlan process: Public Meetings: Walk-in meetings were held across the City so that members of the public could describe what needs and concerns they see in their community. Housing Summit: A housing summit was held for community leaders, agency representatives, service providers, planning professionals, developers, and business owners to learn and exchange information about the current state of housing and development in the City. Stakeholder Interviews: Various local organizations were interviewed to receive feedback on the most pressing priorities and needs of target populations. Pop-Up Events: Structured for short interactions, the pop-up took the form of a booth set up at an event to allow access to a specific stakeholder group. Feedback provided at pop-up events was collected through interactive exercises (dot votes, etc.) or verbal responses to big picture questions. Online Feedback Collection (Survey): To broadly access and efficiently obtain information from a large number of geographically distributed citizens, an online survey was prepared. The survey provided an opportunity to leave additional, relevant comments. The survey was announced through City media outlets and disseminated through key community liaisons or stakeholders with access to resident and community groups, business owners, and interest groups. A detailed summary of community engagement, including participation, methods, and feedback, can be found in Sections PR-10 (Consultations) and PR-15 (Citizen Participation) of this ConPlan. 5. Summary of public comments       Packet Pg. 1456 Demo Consolidated Plan SAN BERNARDINO 6 OMB Control No: 2506-0117 (exp. 06/30/2018) The regional meetings yielded numerous public comments that identified priorities for residents of the City. High priorities identified during the meetings included: Affordable housing Housing and mental health programs for people with disabilities Veterans homelessness assistance Street outreach to homeless individuals Jobs Neighborhood revitalization Pedestrian and traffic improvements Stakeholders provided feedback on the priority needs of the City. Priority needs related to housing, services, and public facilities were summarized into several overarching themes including to: Increase affordable housing; Increase housing opportunities and services for homeless individuals, including homeless prevention; Provide respite care for homeless individuals discharged from hospitals; and Enable emergency/natural disaster resiliency for homeless individuals and low-income families. Community members provided feedback via the community needs survey. The highest areas of need included: Infrastructure Homeless services Economic development (jobs/businesses) 6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the plan. 7. Summary This 2020-2025 ConPlan combines resident feedback, demographic data and analysis, community stakeholder input, and consideration of City resources, goals, other relevant plans, and policies. The -year Strategic Plan for the allocation of CDBG, HOME, and ESG funds and activities. These funds will focus on preserving affordable housing, improving community facilities and infrastructure, providing public services to homeless individuals, and improving neighborhood conditions.       Packet Pg. 1457 Demo Consolidated Plan SAN BERNARDINO 7 OMB Control No: 2506-0117 (exp. 06/30/2018) The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 Responsible Agencies Narrative The City of San Bernardino (City) is the lead and responsible agency for the US Department of Housing ent grants, including CDBG, HOME, and ESG. Entitlement jurisdictions receive entitlement funding (i.e., non-competitive, formula funds) from HUD. By federal law, the City is required to submit a five-year ConPlan and Annual Action Plan to HUD listing priorities and strategies for the use of its federal funds. The ConPlan helps local jurisdictions to assess their affordable housing and community development needs and market conditions to meet the housing and community development needs of its populations. Consolidated Plan Public Contact Information Gretel K. Noble Housing Division Manager Community & Economic Development Department 201 North E Street       Packet Pg. 1458 Demo Consolidated Plan SAN BERNARDINO 8 OMB Control No: 2506-0117 (exp. 06/30/2018) 3rd Floor San Bernardino, CA 92401 Tel: (909) 384-7270 Email: noble_gr@sbcity.org Website: www.ci.san-bernardino.ca.us       Packet Pg. 1459 Demo Consolidated Plan SAN BERNARDINO 9 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-10 Consultation 91.100, 91.110, 91.200(b), 91.300(b), 91.215(I) and 91.315(I) 1. Introduction The consultation section of the ConPlan provides detailed information about the agencies, offices, staff and interested parties that were interviewed or consulted during the engagement process. public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City of San Bernardino created a comprehensive community engagement program. Community engagement is key for helping the City to identify needs, priorities, goals, strategies, and activities for future housing and community development activities over the five-year Consolidated Plan period. Engagement activities included a community survey, community meetings, pop-up events, a housing summit, and stakeholder consultations. As a part of the stakeholder consultation process, the City consulted with a variety of stakeholders, including local and regional community-based organizations, health and mental and behavioral health care providers, and housing service organizations. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness Homelessness. During the development of its ConPlan and Annual Plans and as a general practice, the City coordinated with a variety of housing/shelter organizations, public and mental health agencies, and service providers to discuss community needs. Examples of those consulted include Salvation Army â¿¿ Hospitality House, Dignity Health, Inland Valley Recovery Services, and Community Action Partnership of San Bernardino County; for a complete list see Table 2 below. Their collective feedback was especially valuable in gathering information and shaping priorities for this plan as it relates to special needs populations, general health, and mental health services in the City. Through this process, the City interviewed the Continuum of Care (CoC) to ascertain the needs of homeless individuals throughout the City as well as the organizational needs and challenges of the CoC itself. The CoCâ¿¿s feedback will be used to shape the goals identified in this ConPlan, which will then address the needs of homeless individuals in the City. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS       Packet Pg. 1460 Demo Consolidated Plan SAN BERNARDINO 10 OMB Control No: 2506-0117 (exp. 06/30/2018) The San Bernardino County Homeless Partnership (SBCHP) is the administrator of the regional CoC, which serves the entire County. The City continuously coordinates with the CoC to end and prevent homelessness in the County. The CoC is a group composed of stakeholders throughout the County, including governmental agencies, homeless service and shelter providers, homeless persons, housing advocates, affordable housing developers, and various private parties, including businesses and foundations. The SBCHP is a collaboration among community and faith-based organizations, educational institutions, nonprofit organizations, private industry, and federal, state, and local governments. The partnership focuses on addressing issues of homelessness within the County. The SBCHP was developed to direct the planning, development, and implementation of the Countyâ¿¿s 10-year Strategy to end chronic homelessness. The partnership leads the creation of a comprehensive network to deliver much-needed services to the homeless and to families and individuals at risk of homelessness through careful planning and coordination among all entities that provide services and resources to prevent homelessness. The Cityâ¿¿s ConPlan is aligned with the SBCHPâ¿¿s 10-year Strategy to end chronic homelessness. According to the Cityâ¿¿s ESG Policies and Procedures, consultation takes place with participation of City officials, staff serving on the CoC Governance Board, and the Advisory Committee of the CoC Board. In these roles, the City participates in setting local priorities, certifying need, and the annual review of ESG programs. The Community and Economic Development Department serves as the administrative entity for the ESG and compiles program documentation which includes information about the responsibilities of the CoC and ESG programs, HUD regulations, and policy statements such as coordinated entry system, prioritization and Homeless Management Information System (HMIS) participation. Compiled data is used to report on project outcomes to HUD through the ESG CAPER. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities       Packet Pg. 1461 Demo Consolidated Plan SAN BERNARDINO 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Services-Health What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community meeting and provided input to help prioritize the community needs in the City. 2 Agency/Group/Organization National CORE - Hope Through Housing Foundation Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community forum and provided input to help prioritize the community needs of the City. 3 Agency/Group/Organization NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC. Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) attended at least one community forum and provided input to help prioritize the community needs of the City. 4 Agency/Group/Organization Omnitrans Agency/Group/Organization Type Transit       Packet Pg. 1462 Demo Consolidated Plan SAN BERNARDINO 12 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 5 Agency/Group/Organization County of San Bernardino Homeless Partnership Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 6 Agency/Group/Organization San Bernardino County Department of Behavioral Health Agency/Group/Organization Type Services-Health What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 7 Agency/Group/Organization Project Fighting Chance Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy       Packet Pg. 1463 Demo Consolidated Plan SAN BERNARDINO 13 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 8 Agency/Group/Organization INLAND FAIR HOUSING AND MEDIATION BOARD Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 9 Agency/Group/Organization SALVATION ARMY Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 10 Agency/Group/Organization Center for Employment Opportunities Agency/Group/Organization Type Services-Employment What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 11 Agency/Group/Organization Inland Valley Recovery Services, Inc. Agency/Group/Organization Type Services-Health       Packet Pg. 1464 Demo Consolidated Plan SAN BERNARDINO 14 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 12 Agency/Group/Organization FOUNDATION FOR CSU SAN BERNARDINO Agency/Group/Organization Type Services-Health Civic Leaders What section of the Plan was addressed by Consultation? Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 13 Agency/Group/Organization Inland Congregations United for Change Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 14 Agency/Group/Organization COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY Agency/Group/Organization Type Services-Children Services-homeless Services-Health Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment       Packet Pg. 1465 Demo Consolidated Plan SAN BERNARDINO 15 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 15 Agency/Group/Organization Habitat for Humanity San Bernardino Area Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 16 Agency/Group/Organization San Bernardino City Council Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 17 Agency/Group/Organization Wells Fargo Agency/Group/Organization Type Services - Housing Business and Civic Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 18 Agency/Group/Organization Community Education Partnership Agency/Group/Organization Type Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs       Packet Pg. 1466 Demo Consolidated Plan SAN BERNARDINO 16 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 19 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 20 Agency/Group/Organization CATHOLIC CHARITIES SAN BERNARDINO/RIVERSIDE Agency/Group/Organization Type Services-Elderly Persons Services-homeless Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 21 Agency/Group/Organization HOPE THROUGH HOUSING FOUNDATION Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan.       Packet Pg. 1467 Demo Consolidated Plan SAN BERNARDINO 17 OMB Control No: 2506-0117 (exp. 06/30/2018) 22 Agency/Group/Organization LOCAL INITIATIVES SUPPORT CORPORATION Agency/Group/Organization Type Housing Services-Health Services-Education Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 23 Agency/Group/Organization Step Up on Second Agency/Group/Organization Type Services-homeless Services-Employment What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 24 Agency/Group/Organization MARY'S MERCY CENTER Agency/Group/Organization Type Services-homeless Services-Health What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 25 Agency/Group/Organization Alvord Unified School District Agency/Group/Organization Type Services-Health Other government - State What section of the Plan was addressed by Consultation? Housing Need Assessment       Packet Pg. 1468 Demo Consolidated Plan SAN BERNARDINO 18 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 26 Agency/Group/Organization Blair Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 27 Agency/Group/Organization El Sol Neighborhood Educational Center Agency/Group/Organization Type Services-Children Services-Health Services-Education What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 28 Agency/Group/Organization San Bernardino Staff Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 29 Agency/Group/Organization NEIGHBORHOOD HOUSING SERVICES OF THE INLAND EMPIRE Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment       Packet Pg. 1469 Demo Consolidated Plan SAN BERNARDINO 19 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 30 Agency/Group/Organization Housing Authority County of San Bernardino Agency/Group/Organization Type Housing Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 31 Agency/Group/Organization San Bernardino Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 32 Agency/Group/Organization Terrace West Housing Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 33 Agency/Group/Organization Valon Consulting Agency/Group/Organization Type Business Leaders What section of the Plan was addressed by Consultation? Economic Development       Packet Pg. 1470 Demo Consolidated Plan SAN BERNARDINO 20 OMB Control No: 2506-0117 (exp. 06/30/2018) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 34 Agency/Group/Organization Wildwood Park Neighborhood Association Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? Representative(s) contributed narrative and data to answer questions relevant to the Consolidated Plan. 35 Agency/Group/Organization TMobile Agency/Group/Organization Type Services - Broadband Internet Service Providers What section of the Plan was addressed by Consultation? Local mobile service provider How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? T-Mobile and AT&T were invited to attend the City's Housing Summit held in February, 2020. They participated in housing discussions and solutions at the Summit. 36 Agency/Group/Organization San Bernardino Valley Municipal Water District Agency/Group/Organization Type Regional organization What section of the Plan was addressed by Consultation? Resiliency and water resources How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? As part of the consultation process SBVMWD was consulted to discuss water resources for existing and proposed future development as well as on-going issues related to water. Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement.       Packet Pg. 1471 Demo Consolidated Plan SAN BERNARDINO 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Potential funding allocations to address homeless needs will complement the CoC strategy. 10 Year Strategy to End Homelessness Continuum of Care Potential funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. 2015-2023 Housing Element City of San Bernardino Barriers to and opportunities for affordable housing development analyzed in this plan were considered in the Market Assessment. The Housing element also provided resiliency data related to housing problems caused by flood prone areas and general water supply needs for all residents. General Plan City of San Bernardino The General Plan was reviewed particularly the Natural Resources, Energy and Water Conservation, and Utilities chapters. The City enforces the Unreinforced Masonry Law, 1998 related to seismic changes and earthquakes. The City enforces FEMA floodplain requirements particularly for the southeastern portions of the City which is prone to flooding. Table 3 Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) The collaborative implementation of this ConPlan over the course of the next five years begins with the coordinated efforts of multiple public agencies working together to gather feedback and information for regional and local community needs and priorities. Once needs and priorities are identified, they are those needs and priorities. Furthermore, community outreach to local leaders, stakeholders, and residents is a critical first step in between the government, those providing services or community improvements, and the beneficiaries of these services or improvements, the City and community can move toward a joint vision for what and how to make community improvements. The agencies, groups, and organizations who participated are listed in the table above. Other local/regional/federal planning efforts can be found above. Narrative (optional): City staff, with assistance from consultants, worked to involve housing, social service, and other agencies in the community engagement process including direct solicitation for these agencies to       Packet Pg. 1472 Demo Consolidated Plan SAN BERNARDINO 22 OMB Control No: 2506-0117 (exp. 06/30/2018) participate in the community survey, community meetings, and stakeholder interviews. The City will continue to include them in future planning efforts. Agencies who were invited but did not participate are listed here: California Endowment; Cathedral of Praise International Ministries; Center for Individual Development; Central City Lutheran Mission; Clay Counseling Foundation; Community Investment Corporation; Diocese of San Bernardino; Enterprise Community Partners, Inc., Family Service Association of Redlands; Foothill AIDS Project, Grid Alternatives; Home of Neighborly Service; HomeAid Inland Empire; Inland Empire Health Plan; Inland Regional Center; Kaiser Permanente; Legal Aid of San Bernardino; LJR Intellect Academy; Lutheran Social Services of Southern California; Mental Health Systems; Mercy House Living Centers; Molina Healthcare; Mosiac Community Planning, LLC; New Generation for Jesus Christ; Option House; Project Life Impact; Provisional Euducational Services; Restoration House of Refuse, Inc.; San Bernardino Clergy Association; San Bernardino Community College District; San Bernardino County HOPE Team; San Bernardino Public Library; San Bernardino Sexual Assault Services; San Bernardino Unified School District; San Bernardino Valley College; Smooth Transition; Temple Missionary Baptist Church; Time for Change; Ureach-Loma Linda; US Vets; Youth Action Project. Stakeholders were asked questions and provided feedback on priorities, issues, and solutions in relation to CDBG- and HOME-eligible activities including housing, neighborhood revitalization, and low- to moderate-income household issues. They were asked about their top priorities, neighborhood revitalization, housing problems and their solutions, local organization support, families vulnerable to crisis, broadband internet issues, and how the jurisdiction should spend CDBG and HOME funding.       Packet Pg. 1473 Demo Consolidated Plan SAN BERNARDINO 23 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-15 Citizen Participation 91.105, 91.115, 91.200(c) and 91.300(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting llocate resources appropriately. The City attempted to reach as many residents as possible within specific demographics, such as low-income families, persons with disabilities, elderly persons, female-headed households, and parents/guardians of children. Receiving feedback from residents, especially those who may receive assistance from grant funds, is critical to the success of the CDBG program. The City reached out to practitioners, agencies, leaders, organizations, and companies who may have the specialized knowledge, experience, resources, and capacity to discuss needs, opportunities, solutions, investments, and how community improvements can be made. All City residents were encouraged to provide input on community needs through citizen participation opportunities. Community Needs Survey. English and Spanish. The online and paper survey was made available to the public between January 7, 2020, and February 28, 2020. The survey was provided in English and Spanish. Data gathered from the survey provided community feedback needs for housing, public facilities, infrastructure, homelessness, economic development, and community services, as well as on local demographic data. A copy of the survey, along with the final results, can be found at the attached Community Engagement Summary. Public Meetings, Stakeholder Interviews, Pop-Up Events, and Housing Summit. Six public meetings were held in the City of San Bernardino, Stakeholder interviews, and a Housing Summit were conducted as part of the engagement program. Flyers were posted beforehand to inform the public of the meetings. To maximize attendance, they were offered at different locations and times of the day. Three meetings were held during the day and three were held in the evening. The Community Engagement Summary includes a flyer of the public meetings. A total of 65 people attended six meetings. Those in attendance included local residents, service providers, and members of the business community. Community engagement meeting notes held in January 2020 and input from stakeholders helped identify community priorities. Stakeholders were contacted either by phone or visited in person. Each stakeholder were asked a listing of questions that asked about their interaction with the city and future goals and priority needs over the next five years. A Housing Summit was held in the City of which a total of 65 people. Those in attendance included local residents, service providers, and members of the business community. The notes and feedback were helpful in identifying priorities, creating a dialogue with the attendees, and gaining input from stakeholders and the public. Six community engagement meetings were held in January 2020. Pop-Up events included a short dialogue and feedback were also obtained from the public. Three pop-up       Packet Pg. 1474 Demo Consolidated Plan SAN BERNARDINO 24 OMB Control No: 2506-0117 (exp. 06/30/2018) events were attended: 1) San Berardino High School football game November 1, 2019, 2) San Bernardino Airshow on November 2, 2019, and 3) City of San Bernardino Winter Wonderland on December 14, 2019. Community Needs Surveys were distributed at the pop-up events and a total of 314 residents responded to the survey from these pop-up events (See attached Community Engagement Summary). Public Hearings and 30-Day Public Review Period of Draft Consolidated Plan The City will hold a Council public hearing on March 18, 2020, to review the draft ConPlan, and on April 15, 2020, to review and approve the final plan. The City posted notice of the public hearings and draft ConPlan on February 27 for the first public hearing and March 12 for the second hearing. The 30-day public review period began on March 12, 2020 and ended on April 15, 2020.       Packet Pg. 1475 Demo Consolidated Plan SAN BERNARDINO 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non-targeted/broad community A total of 65 individuals attended 6 public meetings. All meeting discussions are included in the Community Engagement Summary. The priority needs discussed at the meetings were: housing, housing programs for people with disabilities and mental health challenges, affordable housing, homelessness issues with veterans and chronic homeless individuals, employment services, at-risk youth programs, community facilities for at risk-youth, downtown revitalization and pedestrian safety through traffic calming on 9th, Olive and Valencia Ave.       Packet Pg. 1476 Demo Consolidated Plan SAN BERNARDINO 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 2 Housing Summit Non-targeted/broad community Service providers 41 attendees from 31 service providers and organizations. All Summit comments were documented in the Community Engagement Summary (See attached) All Summit comments were documented in the Community Engagement Summary (See attached) 3 Housing Summit Service providers, municipal staff, council 15 stakeholders were interviewed. All comments were documented in the Community Engagement Summary (See attached) All interview comments were documented in the Community Engagement Summary (See attached) All interview comments were documented in the Community Engagement Summary (See attached) 4 Housing Summit Non-targeted/broad community The survey received 1,011 responses. All survey information is documented in the Community Engagement Summary (See attached) All survey information is documented in the Community Engagement Summary (See attached) All survey information is documented in the Community Engagement Summary (See attached)       Packet Pg. 1477 Demo Consolidated Plan SAN BERNARDINO 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 5 Housing Summit Non-targeted/broad community 314 responses All pop-up data is documented in the Community Engagement Summary (See attached) All pop-up data is documented in the Community Engagement Summary (See attached) 6 Newspaper Ad Non-targeted/broad community Newspaper, website flyers and email outreach was undertaken All news documents are documented in the Community Engagement Summary (See attached) All news documents are documented in the Community Engagement Summary (See attached) 7 Public Hearing Non-targeted/broad community There were no written or public comments from the public hearing. There were no written or public comments from the public hearing. There were no written or public comments from the public hearing. 8 Housing Summit Non-targeted/broad community There was no written or public comments during the 30-day public comment period. There was no written or public comments during the 30-day public comment period. There was no written or public comments during the 30-day public comment period. Table 4 Citizen Participation Outreach       Packet Pg. 1478 Demo Consolidated Plan SAN BERNARDINO 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Needs Assessment NA-05 Overview Needs Assessment Overview The Needs Assessment is a collection and analysis of data that assesses the extent of housing problems and housing needs for residents of the City of San Bernardino. The assessment focuses on affordable housing, special needs housing, community development, and homelessness. The information in this S) data, American Community Survey (ACS) data, and various other online and City resources. Stakeholder consultations conducted with public agencies, advocates, and local experts have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Findings are summarized below. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).A disproportionately greater need exists when the members of racial or ethnic group at a given income level experience housing problems at a greater rate (10 percentage points or more) than the income level as a whole. Housing cost burden is the most common housing problem experienced by households in the City. As a whole, 23 percent of households in the City are cost burdened and 26 percent are severely cost burdened. While no households experience disproportionate need, Black/African American households have the highest rates of severe cost burden at 33 percent. A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. In the City, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction. The minority racial and ethnic groups were found to experience housing problems at a greater rate of incidence than the region as whole, often exhibiting disproportionate need. Asian, Black/African American, American Indian/Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem. The Housing Authority of the County of San Bernardino (HACSB) administers the housing choice voucher (HCV) program across the County, including the City, and manages the public housing units in the City. The HACSB manages multiple public housing units in the City: 154 public housing units at the Maplewood Homes Community, 338 units at Wilson Street Apartments, 400 units at Arrowhead Grove, and various scattered sites throughout the City. The HACSB is currently accepting applications (in early       Packet Pg. 1479 Demo Consolidated Plan SAN BERNARDINO 29 OMB Control No: 2506-0117 (exp. 06/30/2018) 2020) for Crestview Terrace, a new community on the site of the former Waterman Gardens under construction in the City of San Bernardino. This property will have 116 new units for occupancy, ranging from one to five bedrooms. In addition to public housing, there are approximately 3,000 affordable units, and approximately 2,600 HCV holders live in the City.       Packet Pg. 1480 Demo Consolidated Plan SAN BERNARDINO 30 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) Summary of Housing Needs Identified housing needs in the City include additional housing for single persons particularly the elderly and small families, housing that is affordable to those living below poverty levels, housing for persons living with disabilities, safe neighborhoods, and available affordable housing for the extremely low- income households. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short- security deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousing assistance is an integral component of San Bernardino LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home. Community engagement activities identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City. Demographics Base Year: 2009 Most Recent Year: 2015 % Change Population 209,924 214,115 2% Households 57,547 57,580 0% Median Income $39,405.00 $37,047.00 -6% Table 5 - Housing Needs Assessment Demographics Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Number of Households Table 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households 13,335 9,795 10,630 6,275 17,550 Small Family Households 5,535 4,230 4,845 2,535 8,815 Large Family Households 2,765 2,225 2,574 1,404 3,150 Household contains at least one person 62-74 years of age 1,735 1,815 1,974 1,199 3,765 Household contains at least one person age 75 or older 1,085 975 895 509 1,350 Households with one or more children 6 years old or younger 4,204 2,905 3,040 1,610 2,319 Table 6 - Total Households Table Data Source: 2011-2015 CHAS       Packet Pg. 1481 Demo Consolidated Plan SAN BERNARDINO 31 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1482 Demo Consolidated Plan SAN BERNARDINO 32 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Substandard Housing - Lacking complete plumbing or kitchen facilities 355 100 120 20 595 40 0 45 4 89 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 1,060 490 145 200 1,895 90 90 245 150 575 Overcrowded - With 1.01-1.5 people per room (and none of the above problems) 1,535 905 735 335 3,510 250 375 575 380 1,580 Housing cost burden greater than 50% of income (and none of the above problems) 5,310 2,510 370 25 8,215 1,390 1,110 744 170 3,414 Housing cost burden greater than 30% of income (and none of the above problems) 555 1,860 2,454 815 5,684 300 785 1,540 804 3,429       Packet Pg. 1483 Demo Consolidated Plan SAN BERNARDINO 33 OMB Control No: 2506-0117 (exp. 06/30/2018) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total Zero/negative Income (and none of the above problems) 920 0 0 0 920 185 0 0 0 185 Table 7 Housing Problems Table Data Source: 2011-2015 CHAS 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 8,265 4,005 1,370 580 14,220 1,770 1,575 1,604 710 5,659 Having none of four housing problems 1,525 2,525 4,059 2,480 10,589 670 1,685 3,590 2,505 8,450 Household has negative income, but none of the other housing problems 920 0 0 0 920 185 0 0 0 185 Table 8 Housing Problems 2 Data Source: 2011-2015 CHAS 3. Cost Burden > 30% Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AMI >50-80% AMI Total NUMBER OF HOUSEHOLDS Small Related 3,905 2,870 1,635 8,410 705 745 1,165 2,615 Large Related 2,120 1,120 674 3,914 435 685 655 1,775 Elderly 895 830 245 1,970 630 515 524 1,669       Packet Pg. 1484 Demo Consolidated Plan SAN BERNARDINO 34 OMB Control No: 2506-0117 (exp. 06/30/2018) Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AMI >50-80% AMI Total Other 1,575 840 680 3,095 230 270 260 760 Total need by income 8,495 5,660 3,234 17,389 2,000 2,215 2,604 6,819 Table 9 Cost Burden > 30% Data Source: 2011-2015 CHAS 4. Cost Burden > 50% Renter Owner 0-30% AMI >30-50% AMI >50- 80% AMI Total 0-30% AMI >30-50% AMI >50- 80% AMI Total NUMBER OF HOUSEHOLDS Small Related 3,710 1,475 245 5,430 595 425 380 1,400 Large Related 1,810 520 35 2,365 345 365 160 870 Elderly 745 495 50 1,290 460 325 194 979 Other 1,385 465 90 1,940 210 145 25 380 Total need by income 7,650 2,955 420 11,025 1,610 1,260 759 3,629 Table 10 Cost Burden > 50% Data Source: 2011-2015 CHAS 5. Crowding (More than one person per room) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS Single family households 2,310 1,215 695 340 4,560 210 365 530 330 1,435 Multiple, unrelated family households 280 215 230 150 875 100 100 290 195 685 Other, non-family households 65 0 0 39 104 30 0 0 10 40 Total need by income 2,655 1,430 925 529 5,539 340 465 820 535 2,160 Table 11 Crowding Information 1/2       Packet Pg. 1485 Demo Consolidated Plan SAN BERNARDINO 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: 2011-2015 CHAS Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI Total 0- 30% AMI >30- 50% AMI >50- 80% AMI Total Households with Children Present 3,760 2,030 1,725 7,515 444 875 1,315 2,634 Table 12 Crowding Information 2/2 Alternate Data Source Name: Households with Children Data Source Comments: CHAS 2011-2015 Describe the number and type of single person households in need of housing assistance. According to the ACS 2014-2018 5-Year Estimates, there are 11,511 single-person households in the City, which represents 19 percent of households in San Bernardino (Table 5). Based on the ACS 2014-2018 5- Year Estimates, single-person households are primarily persons between 35 and 64 years of age (49 percent); however, persons over 65 years make up 38 percent of single-person households. The housing needs of elderly persons may be more problematic to meet than for other residents since the elderly are often living on a fixed income and many have special housing and care needs. The ACS 2014-2018 5-Year Estimates shows that 17.2 percent of persons living below the poverty level ($12,140 for a single-person household) are seniors over the age of 65 years. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. Persons with Disabilities: According to the ACS 2014-2018 5-Year Estimates, approximately 12.5 percent (26,221 persons) of the population living in San Bernardino is affected by one or more disabilities. The most prevalent disability affecting this population is ambulatory difficulties, with 53 percent of persons experiencing disabilities having an ambulatory difficulty. This is closely followed by cognitive difficulty at 47 percent. The symptoms and functional impairments that result from disabling health and behavioral health conditions can make it difficult for people to earn income from employment. Income from disability benefits, such as Supplemental Security Income, is not always sufficient to afford rent without additional assistance. Of 348 survey respondents in the 2019 San Bernardino Homeless Point-In-Time Count, 26 unsheltered adults (7.5 percent) in the City reported to have developmental disabilities and 79 unsheltered adults (22.7 percent) reported to have a mental health disability or disorder that affect their ability to live independently.       Packet Pg. 1486 Demo Consolidated Plan SAN BERNARDINO 36 OMB Control No: 2506-0117 (exp. 06/30/2018) Victims of Domestic Violence: In 2017, the state of California saw 169,362 domestic-violence related calls.[1] The California Department of Justice data reports that calls for services related to domestic violence in San Bernardino County increased by 51 percent since 2014, with 12,012 calls documented in 2017 7 percent of all calls within California. ACS 2013-2107 data shows that residents of San Bernardino County (2,121,220 persons) make up 5.4 percent of the sta persons). Nationwide data is collected annually during a 24-hour Census period; on September 13, 2017, 19,147 domestic violence-related calls were received by local and state hotline staff of the 1,694 out of 1,873 (90%) participating domestic violence programs, and the National Domestic Violence Hotline staff answered 2,205 calls or texts.[2] This averages more than 14 calls every minute. If this level of need continues, the hotlines would receive more than 7.5 million calls per year; the hotlines do not include the supportive services needed to help a victim and their family. This reflects the larger trend of a rise in violent crime in San Bernardino County. The San Bernardino County Community Indicator Report finds that violent crime has increased by 20 percent since 2014, and specifically the rate of rape increased 74 percent since 2014 (California Department of Justice, 2017 data). In the state of California overall, after reaching a low in 2014, the violent crime rate increased by 13 percent from 2014 to 2017, with rape specifically increasing by 34 percent, although this drastic sexual assault, and stalking can be precursors to homelessness. The 2019 San Bernardino Homeless Point-In-Time survey identified 35 persons residing in the City who were experiencing homelessness due to fleeing domestic violence, dating violence, sexual assault, and stalking, representing 10.1 percent of the 348 persons experiencing homelessness residing in the City who participated in the survey. What are the most common housing problems? As shown in Table 7 (Housing Problems Table), housing cost burden is the most common housing problem experienced by both renters and homeowners. Of the 57,580 households in the city, 20 percent experience severe cost burden (more than 50 percent of monthly earnings going toward housing costs) and 16 percent experience cost burden (more than 30 percent of monthly earnings going toward housing costs). Are any populations/household types more affected than others by these problems? Forty- type of household and since 55 percent of these households are also low-income, they could be more significantly affected by housing problems. Across all categories (substandard housing, overcrowding, and cost burden), renter households consistently experience housing problems at a greater rate than owner-occupied households (Housing Problems Table). LMI renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). The disparity between renters and homeowners is most significant for households experiencing severe housing cost burden (more than 50 percent of monthly earnings       Packet Pg. 1487 Demo Consolidated Plan SAN BERNARDINO 37 OMB Control No: 2506-0117 (exp. 06/30/2018) going toward housing costs), where of the 11,629 households experiencing severe cost burden, 71 percent are renter households. This is followed by housing cost burden (more than 30 percent of monthly earnings going toward housing costs), where 62 percent of the total number of households experiencing cost burden are renter households. As discussed in the previous question, housing cost burden represents the most common housing challenge. Housing problems are predominantly experienced by extremely low-income households, particularly extremely low-income renters. With the exception of housing cost burden, where low-income (50 to 80 percent AMI) households make up the majority of renting households experiencing cost burden, extremely low-income households consist of at least 40 percent of renters experiencing each housing problem. Further, extremely low-income households (renter and owner-occupied households) are more likely to experience more than one housing problem, with over half of households (55 percent) experiencing more than one housing problem. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance Just over 23 percent of households in San Bernardino (13,335 households) qualify as extremely low- income (Table 6), largely unchanged since 2015 when the 2015-2019 Consolidated Plan was prepared. Small families (famil extremely low-income households. Further, almost a third (4,204) extremely low-income households have at least one child six years or younger. Compounding financial demands that affect low-income families with small children can lead to a high risk of homelessness. Families that rely on low-wage jobs often work nonstandard and/or inflexible hours, which can be restrictive to families with both school- age and young children. Additionally, low-wage jobs have less access to paid leave or health insurance as compared to high-wage jobs, further exacerbating stress on families with limited resources when children experience injuries and illness. As evidenced by the number of extremely low-income households experiencing housing cost burden and severe cost burden, affordable housing is a significant need for extremely low-income households in the City. Additionally, supportive services such as access to affordable health care, childcare, nutrition assistance, public transportation, and short- deposit, and moving costs) relieve the financial burden for extremely low-income families and can help prevent homelessness. Rapid rehousi homelessness. Rapid rehousing is designed to help individuals and families quickly exit homelessness recipients of assistance do not need to graduate through a series of services before reaching permanent housing. Based on the Rapid Rehousing Program Standards, Practices, & Model Guidelines adopted by the San Bernardino       Packet Pg. 1488 Demo Consolidated Plan SAN BERNARDINO 38 OMB Control No: 2506-0117 (exp. 06/30/2018) County Homeless Partnership in January 2019, the program prioritizes a housing first approach to assisting homeless families with children, recognizing that the crisis of homelessness is preventative to obtaining housing and maintaining stability (such as finding affordable housing, employment, assistance programs, etc.). By providing permanent housing quickly, the family is more likely to establish a stable housing situation and avoid returning to homelessness. Rapid rehousing provides community benefits through improving the effectiveness shelters and other temporary solutions. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates: The City generally defines those households of extremely low incomes and those living below the poverty status to be at risk of becoming homeless. The estimates are based on CHAS data provided by HUD and on ACS data by the US Census Bureau, respectively. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness Housing problems and severe housing problems occur at a higher rate among very low- and extremely low-income households. Cost burden, overcrowding, and poor housing conditions, particularly for renters, all link to an instability in housing that can lead to homelessness. Many lowâ¿Â•income households have difficulty finding reasonably affordable, suitable rental housing. The lack of options available for these populations leads to housing problems and severe housing problems. Households in the very low- and extremely low-income categories live in housing above their means and face cost burden. Alternatively, they avoid high housing costs by living in substandard housing or with other families or extended families, which contributes to overcrowding. Discussion Overall, this assessment finds that: LMI households (earning less than 80% AMI) experience housing problems at a greater rate than households that do not fall in lower income categories. Housing problems are more frequent among households that rent their home as compared to households that own their home. Extremely low-income renters make up the majority of household types experiencing housing problems. Extremely low-income households, for both renter and owner-occupied households, are more likely to experience more than one housing problem, with over half of the households (55 percent) experiencing more than one housing problem falling within the extremely low-income bracket. The above findings indicate a lack of affordable housing available to lower income renters, but especially housing that would be affordable to extremely low-income households. Results from the community       Packet Pg. 1489 Demo Consolidated Plan SAN BERNARDINO 39 OMB Control No: 2506-0117 (exp. 06/30/2018) meeting corroborate these findings. Attendees identified affordable housing and, specifically, housing programs that support persons with disabilities and mental health issues as priority housing needs for the City.       Packet Pg. 1490 Demo Consolidated Plan SAN BERNARDINO 40 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-15 Disproportionately Greater Need: Housing Problems 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction For the purposes of this ConPlan, disproportionately greater need is assumed to exist when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage point of persons in the category as a whole. A household is considered to have a housing problem when their home lacks complete kitchen or plumbing facilities, when there is more than one person per room, or when a cost burden (30% or more of income toward housing) exists. This section's tables demonstrate the disproportionately greater need across the lower-income levels (0%30%, 30%50%, and 50%80% of AMI). Consistently, across each of the income brackets shown below, American Indian/Alaska Native households experience housing problems at a disproportionate rate. Conversely, White households never exceed the jurisdictional rate for housing problems across all households. It should be noted that the sample sizes for both American Indians/Alaska Native and Pacific Islander households are comparatively small, which may mean the data is not accurate. 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 10,885 1,340 1,105 White 1,760 255 365 Black / African American 2,400 325 335 Asian 395 165 70 American Indian, Alaska Native 8 0 0 Pacific Islander 10 0 4 Hispanic 6,110 565 255 Table 13 - Disproportionally Greater Need 0 - 30% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%       Packet Pg. 1491 Demo Consolidated Plan SAN BERNARDINO 41 OMB Control No: 2506-0117 (exp. 06/30/2018) 30%-50% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 8,225 1,575 0 White 1,360 360 0 Black / African American 1,405 390 0 Asian 230 95 0 American Indian, Alaska Native 15 0 0 Pacific Islander 10 0 0 Hispanic 4,925 695 0 Table 14 - Disproportionally Greater Need 30 - 50% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 6,968 3,660 0 White 1,109 920 0 Black / African American 1,120 445 0 Asian 225 125 0 American Indian, Alaska Native 50 15 0 Pacific Islander 20 0 0 Hispanic 4,279 2,080 0 Table 15 - Disproportionally Greater Need 50 - 80% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30%       Packet Pg. 1492 Demo Consolidated Plan SAN BERNARDINO 42 OMB Control No: 2506-0117 (exp. 06/30/2018) 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,909 3,360 0 White 555 855 0 Black / African American 470 355 0 Asian 135 185 0 American Indian, Alaska Native 25 0 0 Pacific Islander 0 0 0 Hispanic 1,729 1,945 0 Table 16 - Disproportionally Greater Need 80 - 100% AMI Data Source: 2011-2015 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Discussion The following summarizes the needs of racial and ethnic households by income bracket. Racial and ethnic household groups that experience housing problems at disproportionate rates are bolded. Eighty-two percent of households with 0%-30% AMI experience at least one severe housing problem: One hundred percent of American Indian/Alaska Native households experience at least one housing problem. Seventy-one percent of Pacific Islander households experience at least one housing problem. Seventy-eight percent of Black/African American households experience at least one housing problem. Seventy-four percent of White households experience at least one housing problem. Sixty-three percent of Asian households experience at least one housing problem. Eighty-eight percent of Hispanic households experience at least one severe housing problem. Eighty-four percent of households with 30%-50% AMI experience at least one housing problem: One hundred percent of American Indian/Alaska Native households experience at least one housing problem. One hundred percent of Pacific Islander households experience at least one housing problem.       Packet Pg. 1493 Demo Consolidated Plan SAN BERNARDINO 43 OMB Control No: 2506-0117 (exp. 06/30/2018) Seventy-eight percent of Black/African American households experience at least one housing problem. Seventy-nine percent of White households experience at least one housing problem. Seventy-one percent of Asian households experience at least one housing problem. Eighty-eight percent of Hispanic households experience at least one severe housing problem. Sixty-six percent of households with 50%-80% AMI experience at least one housing problem: Seventy-seven percent of American Indian/Alaska Native households experience at least one housing problem. One hundred percent of Pacific Islander households experience at least one housing problem. Seventy-two percent of Black/African American households experience at least one housing problem. Fifty-five percent of White households experience at least one housing problem. Sixty-four percent of Asian households experience at least one housing problem. Sixty-seven percent of Hispanic households experience at least one severe housing problem. Forty-six percent of households with 80%-100% AMI experience at least one housing problem: One hundred percent of American Indian/Alaska Native households experience at least one housing problem. There is no data for Pacific Islander households in this income bracket. Fifty-seven percent of Black/African American households experience at least one housing problem. Thirty-nine percent of White households experience at least one housing problem. Forty-two percent of Asian households experience at least one housing problem. Forty-seven percent of Hispanic households experience at least one severe housing problem. In summary, American Indian/Alaska Native are disproportionately affected by housing problems across all categories. Pacific Islander households are disproportionately affected in almost every category where there is data for their households, with exception for extremely low-income households (0%-30% AMI).       Packet Pg. 1494 Demo Consolidated Plan SAN BERNARDINO 44 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-20 Disproportionately Greater Need: Severe Housing Problems 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction A household is considered severely overcrowded when there are more than 1.5 persons per room and severely cost burdened when paying more than 50 percent of household income toward housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population. 0%-30% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 10,035 2,195 1,105 White 1,480 540 365 Black / African American 2,280 450 335 Asian 325 230 70 American Indian, Alaska Native 8 0 0 Pacific Islander 10 0 4 Hispanic 5,750 925 255 Table 17 Severe Housing Problems 0 - 30% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%       Packet Pg. 1495 Demo Consolidated Plan SAN BERNARDINO 45 OMB Control No: 2506-0117 (exp. 06/30/2018) 30%-50% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 5,580 4,210 0 White 930 790 0 Black / African American 970 825 0 Asian 140 185 0 American Indian, Alaska Native 10 4 0 Pacific Islander 10 0 0 Hispanic 3,295 2,320 0 Table 18 Severe Housing Problems 30 - 50% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,974 7,649 0 White 414 1,615 0 Black / African American 285 1,280 0 Asian 180 175 0 American Indian, Alaska Native 19 50 0 Pacific Islander 20 0 0 Hispanic 2,020 4,339 0 Table 19 Severe Housing Problems 50 - 80% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50%       Packet Pg. 1496 Demo Consolidated Plan SAN BERNARDINO 46 OMB Control No: 2506-0117 (exp. 06/30/2018) 80%-100% of Area Median Income Severe Housing Problems* Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,290 4,985 0 White 140 1,265 0 Black / African American 155 665 0 Asian 80 245 0 American Indian, Alaska Native 25 0 0 Pacific Islander 0 0 0 Hispanic 890 2,779 0 Table 20 Severe Housing Problems 80 - 100% AMI Data Source: 2011-2015 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion The following is an analysis of the rates of severe housing problems amongst racial and ethnic minorities of different income categories in comparison to the overall rate of severe housing problems. Racial and ethnic household groups that experience severe housing problems at disproportionate rate are bolded. Overall, Asian households earning between 50-80 percent AMI disproportionately experience severe housing problems. Seventy-five percent of households with 0%-30% AMI experience at least one severe housing problem: Seventy-four percent of Black/African American households experience at least one severe housing problem. Sixty-two percent of White households experience at least one severe housing problem. Fifty-two percent of Asian households experience at least one severe housing problem. Eighty-three percent of Hispanic households experience at least one severe housing problem. Fifty-seven percent of households with 30%-50% AMI experience at least one severe housing problem: Fifty-four percent of Black/African American households experience at least one severe housing problem. Fifty-four percent of White households experience at least one severe housing problem.       Packet Pg. 1497 Demo Consolidated Plan SAN BERNARDINO 47 OMB Control No: 2506-0117 (exp. 06/30/2018) Forty-three percent of Asian households experience at one severe housing problem. Fifty-nine percent of Hispanic households experience at least one severe housing problem. Twenty-eight percent of households with 50%-80% AMI experience at least one severe housing problem: Eighteen percent of Black/African American households experience at least one severe housing problem. Twenty percent of White households experience at least one severe housing problem. Fifty-one percent of Asian households experience at least one severe housing problem. Thirty-two percent of Hispanic households experience at least one severe housing problem. In summary, Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem.       Packet Pg. 1498 Demo Consolidated Plan SAN BERNARDINO 48 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-25 Disproportionately Greater Need: Housing Cost Burdens 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: A household is considered cost burdened if they pay more than 30 percent of their household income toward housing costs. As per HUD definitions, disproportionate housing needs are defined as housing need when compared to the proportion of members of any other relevant groups or the total population experiencing that category of 5.152). For the purposes of this ConPlan, a disproportionate need refers to a group that has housing needs which are at least 10 percentage points higher than the total population. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No / negative income (not computed) Jurisdiction as a whole 28,175 13,053 15,039 1,315 White 8,355 2,655 2,520 440 Black / African American 3,869 2,325 3,259 335 Asian 1,415 380 595 90 American Indian, Alaska Native 85 30 60 0 Pacific Islander 35 20 20 4 Hispanic 13,940 7,414 8,160 365 Table 21 Greater Need: Housing Cost Burdens AMI Data Source: 2011-2015 CHAS Discussion: As a whole, 23 percent of households are cost burdened and 26 percent are severely cost burdened. Approximately 19 percent of White households, 24 percent of Black/African American households, 15 percent of Asian households, and 25 percent of Hispanic households are cost burdened. No households are disproportionately cost burdened or severely cost burdened. Overall, there is a high rate of cost burden within the City; however, Black/African American households have the highest rates of severe cost burden at 33 percent.       Packet Pg. 1499 Demo Consolidated Plan SAN BERNARDINO 49 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-30 Disproportionately Greater Need: Discussion 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Asian, Black/African American, American Indian and Alaskan Native, and Pacific Islander households are disproportionately affected by housing problems in the City. Overall, 76 percent of LMI Black/African American households, 65 percent of LMI Asian households, 82 percent of LMI American Indian and Alaskan Native households, and 90 percent of LMI Pacific Islander households have at least one housing problem. Asian households are disproportionately affected by severe housing problems. Overall, 49 percent of LMI Asian households have at least one severe housing problem compared to all LMI households in the jurisdiction. Citywide, 23 percent of households are cost burdened and 26 percent are severely cost burdened. Approximately a quarter of Hispanic households and one-third of all Black/African American households are cost burdened. However, no racial or ethnic groups are disproportionately cost burdened or severely cost burdened. Please see discussions in NA-15, NA-20, and NA 25 for more information. If they have needs not identified above, what are those needs? Stakeholder consultations have identified the need for transit, workforce training, additional affordable housing in safe areas, and rehabilitation of existing units for low- to moderate-income households. Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? Minority concentration is defined as a census tract where the percentage of individuals of a particular racial or ethnic minority group is at least 20 percentage points higher than the citywide average. Minority refers to all ethnic groups other than non-Hispanic White. The City of San Bernardino is 60 percent White, 16.7 percent Black/African American, 5.7 percent Asian, and 64.3 percent Hispanic (regardless of race). The map below displays census tracts in the City that have a minority concentration. As displayed in the attached minority concentration map. Five census tracts have a Hispanic minority concentration.       Packet Pg. 1500 Demo Consolidated Plan SAN BERNARDINO 50 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-35 Public Housing 91.205(b) Introduction The HACSB is the regional entity that manages and maintains housing units and administers Housing Choice Voucher programs across the County, including the City of San Bernardino. There are approximately 2,600 voucher holders in the City of San Bernardino. Over 10,700 housing vouchers are currently active countywide. The majority of voucher holders have a tenant-based voucher, which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept it. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. Some households are duplicates. The following tables describe the number of housing vouchers in use within the County and the demographics of those receiving vouchers. Data on the number of vouchers in use within the City is unavailable. Totals in Use Program Type Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers in use 0 0 1,177 5,277 517 4,660 54 0 0 Table 22 - Public Housing by Program Type *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Data Source: PIC (PIH Information Center)       Packet Pg. 1501 Demo Consolidated Plan SAN BERNARDINO 51 OMB Control No: 2506-0117 (exp. 06/30/2018) Characteristics of Residents Program Type Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Average Annual Income 0 0 13,755 14,084 14,172 13,978 14,467 0 Average length of stay 0 0 6 6 1 7 0 0 Average Household size 0 0 3 2 1 2 1 0 # Homeless at admission 0 0 0 30 1 22 7 0 # of Elderly Program Participants (>62) 0 0 239 1,122 357 754 3 0 # of Disabled Families 0 0 200 1,284 39 1,200 28 0 # of Families requesting accessibility features 0 0 1,177 5,277 517 4,660 54 0 # of HIV/AIDS program participants 0 0 0 0 0 0 0 0 # of DV victims 0 0 0 0 0 0 0 0 Table 23 Characteristics of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center)       Packet Pg. 1502 Demo Consolidated Plan SAN BERNARDINO 52 OMB Control No: 2506-0117 (exp. 06/30/2018) Race of Residents Program Type Race Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * White 0 0 644 2,226 372 1,791 38 0 0 Black/African American 0 0 425 2,911 114 2,763 16 0 0 Asian 0 0 57 94 21 70 0 0 0 American Indian/Alaska Native 0 0 3 27 5 22 0 0 0 Pacific Islander 0 0 29 12 3 9 0 0 0 Other 0 0 19 7 2 5 0 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 24 Race of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center) Ethnicity of Residents Program Type Ethnicity Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * Hispanic 0 0 504 1,326 167 1,132 14 0 0 Not Hispanic 0 0 670 3,951 350 3,528 40 0 0 *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 25 Ethnicity of Public Housing Residents by Program Type       Packet Pg. 1503 Demo Consolidated Plan SAN BERNARDINO 53 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: PIC (PIH Information Center)       Packet Pg. 1504 Demo Consolidated Plan SAN BERNARDINO 54 OMB Control No: 2506-0117 (exp. 06/30/2018) Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: As shown in the above tables, the average annual income of all vouchers holders is approximately $14,084, which is 22 percent of the County household median income. This indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in Table 23, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Also, given the number of persons with disabilities across the County, the need for accessible units would be great. Additionally, for persons with disabilities who are already on the HACSB waiting list, there is a need for case management and comprehensive support services. As a Moving-to-Work agency, the HACSB is implementing activities designed to increase the cost effectiveness of federal programs and increase the amount of affordable, quality housing units. As such, the HACSB is implementing a local project-based voucher program designed to increase the number of affordable units, a local family self-sufficiency program to increase household income, and the No Child Left Unsheltered program which provides Housing Choice Vouchers to eligible homeless families. Most immediate needs of residents of Public Housing and Housing Choice voucher holders HACSB identified that the current housing program waiting lists are too long and have been closed for quite some time. Furthermore, there is a need for applicant assistance in the housing program application process. The most immediate need is finding housing units and property owners that will accept vouchers. How do these needs compare to the housing needs of the population at large Although Housing Choice Vouchers are available to low-income households, the voucher program is unable to accommodate all low-income households. As discussed in MA-15, there is a gap of 11,445 units for households earning between 0 to 30 percent AMI and a gap of 2,750 units for households earning between 30 to 50 percent AMI. Moderate- and above moderate-income categories are more able to secure affordable housing in the City. Discussion See above discussion.       Packet Pg. 1505 Demo Consolidated Plan SAN BERNARDINO 55 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-40 Homeless Needs Assessment 91.205(c) Introduction: In the most current County Point-in-Time Count (2019), the County identified a total of 2,607 homeless individuals. Of these individuals, 687 are sheltered and 1,920 are unsheltered. There are an estimated 890 persons experiencing homelessness in the City of San Bernardino. Homeless Needs Assessment Population Estimate the # of persons experiencing homelessness on a given night Estimate the # experiencing homelessness each year Estimate the # becoming homeless each year Estimate the # exiting homelessness each year Estimate the # of days persons experience homelessness Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren) 401 87 488 0 0 0 Persons in Households with Only Children 5 5 10 0 0 0 Persons in Households with Only Adults 281 1,828 2,109 0 0 0 Chronically Homeless Individuals 64 703 757 0 0 0 Chronically Homeless Families 5 34 39 0 0 0 Veterans 32 175 207 0 0 0 Unaccompanied Child 29 140 5 0 0 0 Persons with HIV 6 41 47 0 0 0 Table 26 - Homeless Needs Assessment Alternate Data Source Name: County Homeless Race, HMIS 2019       Packet Pg. 1506 Demo Consolidated Plan SAN BERNARDINO 56 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source Comments: County of San Bernardino, HUD HMIS, 2019 Indicate if the homeless population is: Has No Rural Homeless If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): Subpopulation data is not available for several of catgories in the table above. Between October 1, 2018, and September 30, 2019, 426 individuals exited homelessness from emergency shelters or transitional housing. Of these individuals, 13 percent reentered homelessness within less than six months, 9 percent reentered between 6 and 12 months, and 2 percent reentered between 13 and 24 months. Overall, 25 percent reentered homelessness within two years. During the same period, the average length of time being homeless was 118 days and the median time was 56 days. According to the County and City Point-in-Time Counts, the City has noticed an increase in homeless population since 2018. From 2018 to 2019 the homeless population increased in the City 37 percent. The County experienced a 23 percent increase over the same period of time. The preceeding table acknowledges the number of unsheltered individuals is overwelming compared to those who find shelter and that a majority of the homeless people have been categorized as chronically homeless individuals as well as veterans.       Packet Pg. 1507 Consolidated Plan SAN BERNARDINO 57 OMB Control No: 2506-0117 (exp. 06/30/2018) Nature and Extent of Homelessness: (Optional) Race: Sheltered: Unsheltered (optional) White 141 0 Black or African American 114 0 Asian 3 0 American Indian or Alaska Native 6 0 Pacific Islander 1 0 Ethnicity: Sheltered: Unsheltered (optional) Hispanic 102 0 Not Hispanic 10 0 Alternate Data Source Name: County Homeless Race, HMIS 2019 Data Source Comments: Not Hispanic category data in this table refers to the number of multi-racial homeless individuals.There is no data on unsheltered homeless individuals or families. Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. The 2019 County Point-in-Time count identified 34 homeless families with children in San Bernardino County. The count identified four individuals with veteran status within the families surveyed. The 2019 PIT counts for the City of San Bernardino subpopulations included 28 homeless veteran individuals of which only 7 were sheltered and 32 families with children sheltered. There was not data for unsheltered families with children. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. Race and ethnic composition of homeless individuals reported to be receiving services within the City, according to HMIS 2020 data. Out of the 281 Point-In-Time survey respondents residing in the City, 141 (50.2 percent) were White, 114 (40.6 percent) were Black/African American, and 102 were Hispanic of any race (36.3 percent). This data is for sheltered homeless individuals only. Data was not available for unsheltered homeless individuals. Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. According to 2019 PIT Count data for the City, there are approximately 639 unsheltered homeless individuals and 244 sheltered homeless individuals living in the City. According to the Point-in-Time       Packet Pg. 1508 Consolidated Plan SAN BERNARDINO 58 OMB Control No: 2506-0117 (exp. 06/30/2018) count survey, 17 percent of unsheltered homeless individuals residing in the City had been homeless for less than a year; 59 percent were homeless between one and five years; 12 percent were homeless between six and ten years; and 11 percent were homeless for more than ten years. Seventy-one percent of respondents stated that they lived in the City of San Bernardino before becoming homeless. Discussion: There are approximately 2,607 homeless individuals counted in the County of those counted, 883 reside in the City. As identified in MA-30, homeless providers still complain there is not enough emergency shelter space, transitional, rapid rehousing, or permanent supportive housing beds to accommodate need for beds and additional supportive services.       Packet Pg. 1509 Consolidated Plan SAN BERNARDINO 59 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction: The following section describes the special needs of the following populations: Elderly households (defined as 62 years and older) Persons with mental, physical, and/or developmental disabilities Large households Female-headed households Persons living with HIV/AIDS and their families Describe the characteristics of special needs populations in your community: Elderly Households (defined as 62 years and older). Many elderly people live on fixed incomes, making housing affordability a key issue. Access to properly sized units, transit, and healthcare are also important concerns of elderly households. Elderly households may also require residential care from time to time. Approximately 11 percent of City residents (23,827) are 62 years of age or older. Persons with mental, physical, and/or developmental disabilities . Persons with disabilities may require special housing accommodations, such as wheelchair accessibility and other modifications to live independently. Access to transit is also a high priority for this population. According to the ACS 2014- 2018 5-Year Estimates, 26,221 residents (12.5 percent) are living with a disability. Of those 65 years and older, 46.5 percent are living with a disability. Female Household. Female-headed households may have special needs related to accessing childcare and other supportive services as well as an increased risk of poverty. As displayed in the table below, female-headed households comprise 35 percent of households with children. What are the housing and supportive service needs of these populations and how are these needs determined? Elderly, disabled, small, large, and female-headed households and households with children are a types of affordable housing. HACSB does not have enough HCVs to meet the need of all special needs households. When surveyed during the comm       Packet Pg. 1510 Consolidated Plan SAN BERNARDINO 60 OMB Control No: 2506-0117 (exp. 06/30/2018) stakeholder interviews identified housing for the physically disabled, mentally ill, and single women as needs within the City. Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area: HIV/AIDS. Those living with HIV/AIDS and their families require stable and affordable housing in order to consistently access medical care and avoid hospitalizations. On the county level, there are approximately 4,401 people living with HIV (PLWH). Approximately 3,120 PLWH are currently in care and 2,278 are virally suppressed. Statewide, male-to-male sexual contact is the most common transmission mode at 71.4 percent of all new cases in 2017. Black/African American individuals make up 35.2 percent of all new transmissions, followed by Hispanic/Latinx individuals at 14.3 percent, American Indian/Alaskan Native at 10.8 percent, Native Hawaiian/other Pacific Islander at 9.1 percent, White at 8.2 percent, and Asian at 6.7 percent. Discussion: The County provides rapid HIV testing, counseling, prevention education, AIDS Drug Assistance Program (ADAP), and HIV clinic services for clients who do not qualify for any other medical resources. People living with HIV/AIDs require affordable housing to maintain consistent access to medical care, adhere to medical plans, and avoid hospitalizations. They require affordable housing that will suit their needs, which include proximity to health care centers.       Packet Pg. 1511 Consolidated Plan SAN BERNARDINO 61 OMB Control No: 2506-0117 (exp. 06/30/2018) NA-50 Non-Housing Community Development Needs 91.215 (f) Describe the juris Community meetings identified the need for facilities for at-risk youth, pedestrian improvements, and traffic-calming measures. Survey respondents identified the need for community centers, parks and recreational facilities, youth centers, and healthcare facilities. How were these needs determined? The needs were determined through extensive community engagement efforts including a survey, stakeholder interviews, community meetings, and pop-up events. The survey and pop-up events sought to solicit feedback from City residents, while stakeholder interviews focused on community development practitioners and experts. The survey was made available in four languages and online. In total, 1,011 survey responses were received and approximately 12 stakeholder organizations participated in the process. Several residents provided feedback at community meetings and pop-up events. Community Engagement events and data gathering from the City revealed the top public improvements were needed: Survey respondents identified the need for the following public improvements: Street/alley/sidewalk improvements Street lighting improvements Safe routes to schools Water/sewage improvements How were these needs determined? See the description of community engagement above. Stakeholders identified the need for the following public services: Crime reduction Domestic violence services       Packet Pg. 1512 Consolidated Plan SAN BERNARDINO 62 OMB Control No: 2506-0117 (exp. 06/30/2018) Family self-sufficiency programs Mental health services Tech literacy education Vocational training for those with criminal backgrounds Youth life skill education Feedback at community meetings identified the need for: Services for at-risk youth Neighborhood revitalization Survey respondents identified the need for the following: Programs for at-risk youth Youth activities Children after school/summer camp program or services How were these needs determined? Community engagement activities noted above. Area service providers primarily assisted in this effort.       Packet Pg. 1513 Consolidated Plan SAN BERNARDINO 63 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: This overview summarizes the key points of each section of the market analysis and sets a basis for some of the funding priorities housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing. As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980. There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community.       Packet Pg. 1514 Consolidated Plan SAN BERNARDINO 64 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-10 Number of Housing Units 91.210(a)&(b)(2) Introduction The City is made up mostly of one-unit detached structures, at 61 percent of residential properties. Multiunit structures make up the second highest percentage at 19 percent of the housing stock. From 2000 to the present, the development of housing stock has only increased by three to five percentage points, with multifamily units increasing more rapidly than single-family detached by approximately two percentage points. Vacant land is available for immediate residential development in the City. Opportunities for that the City is committed to both redevelopment and new development. Areas of opportunity include infill housing and new development in the Downtown Core as well as along major corridors. A healthy vacancy rate is associated with choice and mobility. A healthy vacancy rate for owner- occupied housing is 2-3 percent and 5-6 percent for rental units. In 2010, the vacancy rate for owner- occupied housing was 3.7 percent; in 2017 it was 1.3 percent, 0.7 percent below the range considered healthy. In 2010, the renter-occupied rate was 6.9 percent, above the healthy range by 0.9 percent. By 2017, the rental vacancy rate returned to the healthy range at 6 percent. Residential mobility is influenced by tenure. Ownership housing is associated with a much lower turnover rate than rental housing. Tenure preferences are primarily related to household income, composition, and age of the householder. Between 2010 and 2017, the number of occupied units decreased, and tenure shifted from majority owner-occupied units to majority renter-occupied units. All residential properties by number of units Property Type Number % 1-unit detached structure 37,940 61% 1-unit, attached structure 2,825 5% 2-4 units 5,660 9% 5-19 units 6,460 10% 20 or more units 5,755 9% Mobile Home, boat, RV, van, etc 4,045 6% Total 62,685 100% Table 27 Residential Properties by Unit Number Data Source: 2011-2015 ACS       Packet Pg. 1515 Consolidated Plan SAN BERNARDINO 65 OMB Control No: 2506-0117 (exp. 06/30/2018) Unit Size by Tenure Owners Renters Number % Number % No bedroom 215 1% 1,135 4% 1 bedroom 675 3% 7,460 24% 2 bedrooms 5,620 21% 12,530 41% 3 or more bedrooms 20,520 76% 9,424 31% Total 27,030 101% 30,549 100% Table 28 Unit Size by Tenure Data Source: 2011-2015 ACS Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City has a total of 25 assisted multifamily housing projects that provide 3,034 affordable housing units. Fourteen projects (San Bernardino Senior Housing, Sierra Vista, Monte Vista, Buena Vista, Hacienda, AHEPA 302 Apartments, Arrowhead Vista, The Magnolia, Casa Bernadine, Casa Ramona, communities and have a combined total of 1,329 units. Most of the Ci funded by HUD, including Section 202, Section 108, PRAC, HOME, or HFDA. Many projects were also financed through Low Income Housing Tax Credits (LIHTC). Affordable housing units also received funding through the former redevelopment agency or bonds. The HACSB also assisted with the development of the Medical Center Apartments (287 affordable units). The City falls within the jurisdiction of the HACSB. The HACSB administers the Housing Choice Voucher program, which provides rental assistance to income-eligible residents of San Bernardino by providing monthly rental assistance to participants who rent from a private landlord but pay only 30 percent of the monthly rental payment, with the rest paid to the landlord by HUD. In 2018, the HACSB provided 10,120 housing choice vouchers throughout San Bernardino County and 2,669 vouchers were issued to San Bernardino City residents. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. Assisted units convert to market rate when affordable housing contracts expire. In addition, many of the -based Section 8 contracts and a significant number of these units are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.       Packet Pg. 1516 Consolidated Plan SAN BERNARDINO 66 OMB Control No: 2506-0117 (exp. 06/30/2018) HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. Does the availability of housing units meet the needs of the population? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels. There is a surplus of affordable units for households in the 50-80 percent and the 80-100 percent HAMFI categories. Describe the need for specific types of housing: According to data gathered through community outreach, there is a lack of single-family and other quality housing development. Existing housing stock is also in need of rehabilitation. The primary housing problem is affordability; households in the middle and lower-income categories have difficulty affording homeownership. A need for affordable rental housing is a top need but owner-occupied housing is considered one of the more critical housing needs in the community. The community outreach process also revealed a need for housing for persons with mental and physical disabilities. The needs identified through community outreach are substantiated in the CHAS 2011-2015 data. As shown in Table 29, Unit Size by Tenure, renters in the City outnumber homeowners by 13 percent. Renters also tend to reside in smaller units: 3-bedroom units are occupied by owners by 2.18 times that of renters, whereas most no-bedroom, 1-bedroom, and 2-bedroom units are occupied by renters (69 percent). Discussion See discussion above       Packet Pg. 1517 Consolidated Plan SAN BERNARDINO 67 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction Housing costs have the potential to cause housing problems in a community. If housing costs are high relative to household income, there will be a higher rate of cost burden and overcrowding. According to HUD, families who pay more than 30 percent of their income toward housing costs are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. This section analyzes the cost of housing in the City of San Bernardino. ket has fluctuated greatly over the last ten years. During the 2000 Census, the median home value (MHV) in the City was $94,000; it then saw a steep increase during the housing boom of the 2000s, increasing 115 percent by 2009 to an MHV of $270,200. Soon after, the US went into the Great Recession and housing market crash, where homes across California were foreclosed on and the City saw the MHV drop. Although the MHV has continued to decrease, it is still 41 percent higher than it was before the housing boom in 2000, and wages in the area have not increased accordingly. In 2000, the median income in the City was $31,140, which would have allowed an average household to purchase a home without becoming cost burdened (less than 30 percent of their income). In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. Based on the 2011-2015 ACS, the median income would be sufficient for a renter to afford $1,029 in housing costs per month, which includes rent and utilities, and not be cost burdened; 72 percent of the Cost of Housing Base Year: 2009 Most Recent Year: 2015 % Change Median Home Value 270,200 159,800 (41%) Median Contract Rent 780 813 4% Table 29 Cost of Housing Data Source: 2005-2009 ACS (Base Year), 2011-2015 ACS (Most Recent Year) Rent Paid Number % Less than $500 4,200 13.8% $500-999 17,740 58.1% $1,000-1,499 7,279 23.8% $1,500-1,999 1,155 3.8% $2,000 or more 180 0.6% Total 30,554 100.0% Table 30 - Rent Paid Data Source: 2011-2015 ACS       Packet Pg. 1518 Consolidated Plan SAN BERNARDINO 68 OMB Control No: 2506-0117 (exp. 06/30/2018) Housing Affordability % Units affordable to Households earning Renter Owner 30% HAMFI 1,890 No Data 50% HAMFI 4,130 2,915 80% HAMFI 18,415 7,975 100% HAMFI No Data 11,994 Total 24,435 22,884 Table 31 Housing Affordability Data Source: 2011-2015 CHAS Monthly Rent Monthly Rent ($) Efficiency (no bedroom) 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Fair Market Rent 0 0 0 0 0 High HOME Rent 0 0 0 0 0 Low HOME Rent 0 0 0 0 0 Table 32 Monthly Rent Data Source Comments: Is there sufficient housing for households at all income levels? Findings in the data show that there is not enough adequate housing affordable to LMI households, especially for extremely low- and very low-income households. Overall, affordable units accommodate only half the number of households in the 0-30 percent and 30-50 percent HAMFI categories, creating an insufficient amount of housing for households at these income levels. According to the CHAS 2011-2015 data, approximately 13,335 households are at 0-30 percent AMI, yet there are only 1,890 rental units available that are affordable to these households (no data is available on homeowner units). For the approximately 9,795 households in the City that are at 30-50 percent AMI, 4,130 rental units are affordable, and 2,915 units are affordable for ownership. There is a surplus of affordable units for some of the 10,630 households in the 50-80 percent HAMFI bracket: there are approximately 18,415 rental units and 7,975 ownership units affordable to these households.       Packet Pg. 1519 Consolidated Plan SAN BERNARDINO 69 OMB Control No: 2506-0117 (exp. 06/30/2018) The same is true of the 6,275 households in the City that are in the 80-100 percent HAMFI bracket: there are 11,994 units that are affordable to households earning 100 percent HAMFI, again, creating a surplus of affordable units for households in this range. How is affordability of housing likely to change considering changes to home values and/or rents? As illustrated in the table below, home prices in the City of San Bernardino are low compared to those of the state. However, the median single-family home price has increased by approximately 23 percent between January 2016 and January 2019, which is similar to both the County of San Bernardino (24 percent increase) and the state of California as a whole (23 percent increase), during that same time period. According to the ACS 2015-2018 5-Year Estimates, the majority of renters have consistently spent between $500 and $1,499 between 2015 and 2018; renters spending between $1,500 to $1,999 doubled during the same time period. Overall, San Bernardino is experiencing an increase in rental housing costs. Between 2015 and 2018, the median rent increased from $976 to $1,068. As shown in the table below, both the lowest cost categories (up to $999) and the highest cost categories ($2,000- $2,999) decreased as a percentage of the rental market. Based upon market data for home prices and rental units, it can be expected that costs will increase, by small percentages. How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? The median gross rent for San Bernardino, according to the ACS 2018 1-Year Estimate, was $1,068; however, the HUD fair market rent for a three-bedroom is higher at $1,717. According to the number of units available, there is a need to develop affordable units for extremely low- to very low- household income spent on housing costs, including utilities. Affordable housing cost then would be 30 r the Riverside-San Bernardino-Ontario, CA MSA is $69,700. Affordable rent for a family of four, earning 80 percent of the area median family income, or $55,760, would be $1,436; for a family earning a very low income of 35,900, $894; and for a family earning extremely low income of 25,750, $644. A strategy to address affordable housing needs would be to put HOME and CDBG dollars toward affordable housing construction for extremely low- and very low- income households. Discussion See discussion above.       Packet Pg. 1520 Consolidated Plan SAN BERNARDINO 70 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-20 Housing Market Analysis: Condition of Housing 91.210(a) Introduction This section of the ConPlan discusses existing housing supply, age and condition of housing, the number of vacant and abandoned units, and the risk posed by lead-based paint. As discussed in MA-10, 61 percent of the housing stock in the City of San Bernardino is single-family detached. Multiunit structures make up the second highest percentage at 19 percent of housing stock. As is common in many cities in the nation, most residential development in the City occurred between 1950 and 1979. The following section describes the conditions of the housing stock in the City. HUD defines housing conditions are: 1. More than one person per room; 2. Cost burden greater than 30 percent; 3. Lack of complete plumbing; and 4. Lack of complete kitchen facilities. Definitions In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value. Condition of Units Condition of Units Owner-Occupied Renter-Occupied Number % Number % With one selected Condition 10,325 38% 16,544 54% With two selected Conditions 1,080 4% 4,305 14% With three selected Conditions 10 0% 160 1% With four selected Conditions 0 0% 20 0% No selected Conditions 15,620 58% 9,515 31% Total 27,035 100% 30,544 100% Table 33 - Condition of Units Data Source: 2011-2015 ACS       Packet Pg. 1521 Consolidated Plan SAN BERNARDINO 71 OMB Control No: 2506-0117 (exp. 06/30/2018) Year Unit Built Year Unit Built Owner-Occupied Renter-Occupied Number % Number % 2000 or later 2,265 8% 1,530 5% 1980-1999 6,644 25% 8,275 27% 1950-1979 12,720 47% 15,580 51% Before 1950 5,405 20% 5,155 17% Total 27,034 100% 30,540 100% Table 34 Year Unit Built Data Source: 2011-2015 CHAS Risk of Lead-Based Paint Hazard Risk of Lead-Based Paint Hazard Owner-Occupied Renter-Occupied Number % Number % Total Number of Units Built Before 1980 18,125 67% 20,735 68% Housing Units build before 1980 with children present 4,650 17% 1,905 6% Table 35 Risk of Lead-Based Paint Data Source: 2011-2015 ACS (Total Units) 2011-2015 CHAS (Units with Children present) Vacant Units Suitable for Rehabilitation Not Suitable for Rehabilitation Total Vacant Units 3,570 0 3,570 Abandoned Vacant Units 0 0 0 REO Properties 193 0 193 Abandoned REO Properties 0 0 0 Table 36 - Vacant Units Alternate Data Source Name: Vacant Unit Data Data Source Comments: Vacant Units, 2017 ACS 1-Year EstimatesSan Bernardino, CA REO, Realtytrac.com, January 27, 2020 Need for Owner and Rental Rehabilitation Most occupied units were built before 1980. Sixty-eight percent of renter-occupied units and 67 percent of owner-occupied units were built prior to 1980. For units built between 1950 and 1979, renters outnumber owners by nearly 25 percent. The disproportionate share of renters that occupy older units could indicate a more urgent need for the rehabilitation of rental units in the City. The high percentage of older units, both owned-occupied and renter-occupied, indicates the potential need for rehabilitation for both.       Packet Pg. 1522 Consolidated Plan SAN BERNARDINO 72 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards To estimate the number of housing units in the City with lead-based paint (LBP) hazards that are occupied by LMI families, the building age of each unit is evaluated. The use of LBP on residential units was prohibited after 1978, but for the sake of this plan, the number of units built before 1980 will be used to determine how many LMI households are at risk of LBP hazards. The 2011-2015 ACS data in Table 36 shows that approximately 38,860 units in San Bernardino were built before 1980 and could be at risk of LBP. Based upon the 2012-2016 CHAS data, approximately 31,062 residential units built prior to 1980 are occupied by LMI families and are at risk of exposure to LBP hazards. Discussion The City will continue to develop policies to rehabilitate older and abandoned housing in the City in an effort to fulfill its Regional Housing Need Allocation (RHNA) obligation and provide housing to LMI households. The City will continue efforts to reduce LBP hazards in housing constructed prior to 1978 and assisted through the Owner-Occupied Residential Rehabilitation Program by testing for LBP. If LBP is found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation. All City procedures for the prevention of LBP poisoning when working on residential structures will comply with 24 CFR Part 35. The City still has several abandoned homes that have been foreclosed, have deteriorated, and have b -Family Unit Acquisition and Rehabilitation program, but foreclosed homes citywide are eligible properties. The City has identified providers, including Housing Partners 1, Inc. and Neighborhood Housing Service of the Inland Empire, to rehabilitate, manage, market, and close the sale of foreclosed homes. The vacant unit table found in this section only includes the number of vacant units and REO units. The City has not completed a recent housing conditions study to determine which units are not suitable for rehabilitation. As properties are rehabilitated using CDBG and HOME funds each is evaluated to determine whether it is suitable for rehabilitatioin.       Packet Pg. 1523 Consolidated Plan SAN BERNARDINO 73 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-25 Public and Assisted Housing 91.210(b) Introduction The HACSB is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. Currently, the HACSB does not anticipate awarding new project-based vouchers. Totals Number of Units Program Type Certificate Mod-Rehab Public Housing Vouchers Total Project -based Tenant -based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers available 0 0 1,321 8,678 552 8,126 352 1,109 834 # of accessible units *includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 37 Total Number of Units by Program Type Data Source: PIC (PIH Information Center) Describe the supply of public housing developments: Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan: Under the FY12 HUD appropriations act, the Rental Assistance Demonstration (RAD) program allows public housing agencies (PHAs) to convert their public housing units from their original sources of HUD financing to project-based Section 8 contracts. Similar to the Section 8 Housing       Packet Pg. 1524 Consolidated Plan SAN BERNARDINO 74 OMB Control No: 2506-0117 (exp. 06/30/2018) Choice Voucher (HCV) program, income eligible tenants pay 30 percent of their income and the project-based rental assistance makes up the difference between what an extremely low-, low-, or very low-income household can afford and the approved rent for the unit. Tenants would have the option of applying to renew the Section 8 contract. As of FY 2020, all public housing units under the HACSB will be converted to project-based vouchers, commonly referred to as Section 8 units. Planned existing project-based voucher properties include: Family Community, New Development 333 units Family Community, Existing Development 434 units RAD Conversion, Existing Public Housing Community 1,003 units Senior Community, Existing Development 349 units Family & Senior Community, New Development 11 units 37 Permanent Supportive Housing for Chronically Homeless 69 Housing, Scattered Sites 12 a Affordable Housing and Sustainable Communities program. The funding has been prioritized to revitalize the Arrowhead Grove neighborhood, formerly the Waterman Gardens Public Housing site, and the adjacent corridor. The project will include 147 affordable housing units and 36 market-rate units, along with pedestrian and transit improvements that will benefit the community at large. The National Community Renaissance (National CORE), an affordable housing developer, has partnered with the HACSB for the project. As mentioned above, all units under the HACSB will be converted to project-based vouchers, commonly referred to as Section 8 units. The primary benefit of RAD is that properties that convert under this process are no longer restricted from securing private sources of capital financing, and the owners are therefore able to address deferred maintenance issues that have caused public housing and other HUD rental stock to deteriorate nationwide. HACSB refers to housing projects as Asset Management Projects (AMPs). The initial phase of the RAD conversion included rehabilitation at the following sites: 97 scattered site units in AMP 120 330 units in AMP 130 (Maplewood Homes)       Packet Pg. 1525 Consolidated Plan SAN BERNARDINO 75 OMB Control No: 2506-0117 (exp. 06/30/2018) 75 units in AMP 150 (Brockton site 19-05) 50 units in AMP 160 (Monte Vista site 19-06) In September 2018, the second phase of the RAD conversion of public housing units closed and rehabilitation work identified under the RAD physical needs assessments commenced. The second phase of the conversion included the following sites: 12 scattered site units in AMP 150 (E. 9th Street) 125 units in AMP 160 (Colton sites 19-04 & 19-10) 217 units in AMP 170 (Barstow sites 19-07, 19-12, 19-13 and Deseret) All public housing units have been converted through RAD and therefor there are no public housing units in the City.       Packet Pg. 1526 Consolidated Plan SAN BERNARDINO 76 OMB Control No: 2506-0117 (exp. 06/30/2018) Public Housing Condition Public Housing Development Average Inspection Score Table 38 - Public Housing Condition Describe the restoration and revitalization needs of public housing units in the jurisdiction: public housing portfolio. As of FY 2020, all units have been or will be converted to project-based vouchers, commonly referred to as Section 8 units. Describe the public housing agency's strategy for improving the living environment of low- and moderate-income families residing in public housing: The HACSB works to facilitate opportunities for families and individuals to become self-sufficient and financially independent so that they can transition from dependency on housing subsidy through the following strategies: Develop and maintain policies, programs, and services that foster accountability, responsibility, and economic independence. Partner with external organizations to support clients in acquiring life skills, education, and training. Strengthening rentals In addition to implementing non-MTW activities to address the goal of self-sufficiency, the HACSB has implemented nine MTW activities that address this goal: Local Policies for Portability, Elimination of Earned Income Disallowance, Minimum Rent, Pilot Work Requirement, Local Income Inclusion, implementation of a local Family Self Sufficiency program, Term-Limited Lease Assistance Program, No Child Left Unsheltered, and Transition for Over-Income Families Discussion: Over 10,700 housing vouchers are currently active countywide, of which there are approximately 2,600 voucher holders in the City of San Bernardino. Approximately 37 percent of the voucher holders have requested accessible units or features. The majority of voucher holders have a tenant-based vouchers. Currently, there are approximately 31,000 households on the Housing Choice Voucher waiting list for project-based and 23,023 for tenant-based vouchers. There is a need for applicant assistance in the housing program application process as well as finding property owners that will accept vouchers.       Packet Pg. 1527 Consolidated Plan SAN BERNARDINO 77 OMB Control No: 2506-0117 (exp. 06/30/2018) The Housing Choice Vouchers program is unable to accommodate all low-income households. There is a housing gap of 11,445 units for households earning between 0 to 30 percent AMI as well as a housing gap of 2,750 units for households earning between 30 to 50 percent AMI. Hispanic and Black/African American households are the most prevelent cost burdened populations. Assisted units sometimes convert to market rate units when affordable housing contracts expire. Many -based Section 8 contracts are considered at risk of converting to market-rate housing due to expiration of subsidy contracts. Specifically, a total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status.       Packet Pg. 1528 Consolidated Plan SAN BERNARDINO 78 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-30 Homeless Facilities and Services 91.210(c) Introduction The City of San Bernardino assists homeless populations through funding supportive service providers in the community. The City has traditionally provided funding through the ESG program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. Facilities and Housing Targeted to Homeless Households Emergency Shelter Beds Transitional Housing Beds Permanent Supportive Housing Beds Year Round Beds (Current & New) Voucher / Seasonal / Overflow Beds Current & New Current & New Under Development Households with Adult(s) and Child(ren) 252 17 145 695 0 Households with Only Adults 176 0 101 833 0 Chronically Homeless Households 0 0 0 652 0 Veterans 29 0 5 712 0 Unaccompanied Youth 5 0 0 3 0 Table 39 - Facilities and Housing Targeted to Homeless Households Data Source Comments: 2019 San Bernardino City and County CoC Housing Inventory Count       Packet Pg. 1529 Consolidated Plan SAN BERNARDINO 79 OMB Control No: 2506-0117 (exp. 06/30/2018) Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Many organizations in San Bernardino, including businesses, civic groups, corporations, educational institutions, faith-based organizations, local government, and nonprofit agencies, provide financial assistance, food, health care, clothing, legal assistance, public assistance, rental assistance, and utility assistance at little or no cost. Mainstream benefit programs such as CalFresh, Medicaid/Medi-Cal, Social available to homeless persons in the City. Additionally, the Homeless Provider Network (HPN) acts as an advocate for homeless populations and those at risk of becoming homeless. The HPN facilitates the collaboration between the public and private sectors to coordinate services to assist and prevent homelessness. Member organizations of the HPN meet monthly. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. The City works with various agencies and provides referrals for services to homeless populations and those at risk of homelessness: provides homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education, and linkages to other support services. provides emergency shelter (motel vouchers), wraparound services, and case management to prevent homelessness. ices provides emergency shelter as a "bridge" to permanent housing, and wrap- around services to help homeless men 18 years and older to achieve self-sufficiency. provides supportive services which begin with engagement and street outreach activities. provides emergency shelter, referrals to permanent housing services, and meals to families and single females experiencing homelessness. Other agencies in the County providing services to address homelessness include: Catholic Charities San Bernardino High Desert Homeless Services, Inc. Victor Valley Family Resource Center Time for Change Foundation provides emergency shelter services to women and children as well as permanent housing. Helping Hands Pantry, a food bank, serves the communities of the County of San Bernardino; programs include a mobile food pantry and the College Student Food Assistance Program for students who do not have the resources to buy enough food.       Packet Pg. 1530 Consolidated Plan SAN BERNARDINO 80 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-35 Special Needs Facilities and Services 91.210(d) Introduction There are 39 adult residential facilities in the City of San Bernardino. Such facilities provide safe and secure places for the elderly and persons with disabilities to stay while their primary caretakers work or run errands. In January 2020, there were 60 licensed adult residential facilities in the City with the capacity to accommodate a total of 835 persons. Residential care facilities for the elderly are family homes, group care facilities, or other similar facilities in which non-medical care is provided 24 hours per day to support daily activities and ensure personal security of the elderly. There are 24 residential elder care facilities in the City that accommodate 505 persons. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Elderly. Elderly persons may have special housing needs primarily due to income, health care costs, and physical or mental disabilities, particularly those that tend to increase with age. As a result, the elderly may face difficulty in finding housing and may become victims of housing discrimination or fraud. According to the 2011-2015 ACS, approximately 15,302 persons 62 years and older reside in the City, representing seven percent of the total population. The senior population is growing at a faster pace than the overall population. According to the ACS, between 2010 and 2017, the total number of elderly by only 2.5 percent. Persons with Disabilities. Persons with disabilities frequently have special housing needs, often related to a potentially limited ability to earn enough income, a lack of accessible and affordable housing, and higher health costs associated with a disability. Persons with self-care and mobility limitations may also require housing design features such as wheelchair ramps, grab bars, special bathroom designs, and/or wider doorway openings. According to the ACS 2014-2018 5-Year Estimates, 12.5 percent of San Bernardino residents reported a disability, a decrease from the 2009-2013 estimates, which estimated that 13.2 percent of the population had one or more disabilities. Approximately 16.5 percent of those between the ages of 35 to 64 reported having a disability. Approximately 38.5 percent of those between the ages of 65 to 74 reported having a disability, which is approximately 8 percent higher than the County level. For those 75 years and older, 60.9 percent of the population reported having a disability, which is approximately 5 percent higher than the County level.       Packet Pg. 1531 Consolidated Plan SAN BERNARDINO 81 OMB Control No: 2506-0117 (exp. 06/30/2018) A major challenge facing the City is the availability of housing stock with accessible features that meet the needs of disabled residents and their families. The ACS 2014-2018 5-Year estimates showed that 14.2 percent, or 2,586, residents above the age of 65 were living below the poverty level. Living below the poverty level further limits resources and puts an additional constraint on the already limited housing options available to seniors with a disability. Community outreach also revealed a need for housing programs with mental health services for people with mental and physical disabilities. Drugs/Alcohol. The County of San Bernardino provides alcohol and drug services through the Substance Use Disorder and Recovery Services (SUDRS) program. Services are available to all County residents. Additionally, Supervised Treatment After Release (STAR) is the treatment component of the Mental Health Court System of Care. Individuals are generally referred while incarcerated in the West Valley Detention Center. STAR arranges for: Day treatment Intensive case management Residential placement Drug and alcohol treatment Periodic court reviews HIV/AIDS. The National Commission on AIDS states that up to half of all Americans with HIV or AIDS are either homeless or at imminent risk of becoming homeless because of their illness, lack of income or other resources, and having a weak support network. Persons with HIV/AIDS may also require a broad range of services, including counseling, medical care, in-home care, transportation assistance, and food provision. Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing The City has worked with St. Bernadine Hospital to transition homeless individuals who are being discharged from the hospital into transitional housing and ultimately transition into permanent housing. efforts to implement the San Bernardino County 10-Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that state and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into -Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order from being discharged into homelessness. The City has provided ESG funding to Step Up on Second (Step       Packet Pg. 1532 Consolidated Plan SAN BERNARDINO 82 OMB Control No: 2506-0117 (exp. 06/30/2018) Up) for essential service referrals and housing placement services to homeless and near-homeless persons. Step Up also provides daily street outreach to the most service-resistant homeless population in San Bernardino. Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e) Through CDBG, ESG, and other available resources, the City traditionally funds organizations that provide services to residents in need. Such funding support includes ADA accessibility for public spaces and service organizations providing assistance and referrals to low-income persons in need of various supportive services. In 2020-2021 the City intends to fund several affordable housing initiatives including the development of new affordable rental housing (100 units), expand home ownership opportunties to eligible LMI households through its Infill Housing Program (4 new units) and its First Time Home Ownership Program (2 existing units), rental housing rehabilitation (239 units), and through fair housing assistance which will help over 2,000 property owners and tenants citywide. The City prioritizes families whose household income is extremely low and low income income. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) See above discussions.       Packet Pg. 1533 Consolidated Plan SAN BERNARDINO 83 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-40 Barriers to Affordable Housing 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects. Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Infrastructure and Impact Fees: Impact fees are charged to housing developers to pay for City infrastructure that will support the project, or pay for parks or other City services that protect the welfare of residents. A primary financial deterrent for developers is the high cost of impact fees. Construction costs, permitting fees, and impact fees are passed on to the consumer, driving up the cost of housing at all income levels.       Packet Pg. 1534 Consolidated Plan SAN BERNARDINO 84 OMB Control No: 2506-0117 (exp. 06/30/2018) State and Federal Davis-Bacon Prevailing Wages:The state Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multifamily project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent.       Packet Pg. 1535 Consolidated Plan SAN BERNARDINO 85 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-45 Non-Housing Community Development Assets 91.215 (f) Introduction The City of San Bernardino is located in the Inland Empire, which is part of a populous area west of Los Angeles in Southern California. Top employers in the City include California State University, San Bernardino, Caltrans, and the Community Hospital of San Bernardino. There are 57,889 jobs in the City with a labor force of approximately 88,000. The City has strong millennial growth with an average age of 32, younger than both the state (36) and the nation (37). Additionally, the County is the second-fastest growing county in the state, likely due to lower home prices and commercial vacancy rates, making the area ideal for investment. Economic Development Market Analysis Business Activity Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 771 229 1 0 -1 Arts, Entertainment, Accommodations 7,079 7,320 13 13 0 Construction 4,002 2,357 7 4 -3 Education and Health Care Services 11,756 14,338 21 25 4 Finance, Insurance, and Real Estate 2,248 3,649 4 6 2 Information 752 350 1 1 0 Manufacturing 5,683 3,438 10 6 -4 Other Services 2,023 2,422 4 4 0 Professional, Scientific, Management Services 3,168 4,139 6 7 1 Public Administration 0 0 0 0 0 Retail Trade 8,041 8,264 15 14 -1 Transportation and Warehousing 5,321 7,872 10 14 4 Wholesale Trade 4,046 3,511 7 6 -1 Total 54,890 57,889 -- -- -- Table 40 - Business Activity       Packet Pg. 1536 Consolidated Plan SAN BERNARDINO 86 OMB Control No: 2506-0117 (exp. 06/30/2018) Data Source: 2011-2015 ACS (Workers), 2015 Longitudinal Employer-Household Dynamics (Jobs)       Packet Pg. 1537 Consolidated Plan SAN BERNARDINO 87 OMB Control No: 2506-0117 (exp. 06/30/2018) Labor Force Total Population in the Civilian Labor Force 88,507 Civilian Employed Population 16 years and over 73,795 Unemployment Rate 16.60 Unemployment Rate for Ages 16-24 34.05 Unemployment Rate for Ages 25-65 9.00 Table 41 - Labor Force Data Source: 2011-2015 ACS Occupations by Sector Number of People Management, business and financial 9,155 Farming, fisheries and forestry occupations 4,155 Service 10,555 Sales and office 18,790 Construction, extraction, maintenance and repair 7,535 Production, transportation and material moving 5,500 Table 42 Occupations by Sector Data Source: 2011-2015 ACS Travel Time Travel Time Number Percentage < 30 Minutes 45,150 66% 30-59 Minutes 15,889 23% 60 or More Minutes 7,445 11% Total 68,484 100% Table 43 - Travel Time Data Source: 2011-2015 ACS Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 14,685 3,539 14,005 High school graduate (includes equivalency) 16,405 2,535 10,015 Some college or Associate's degree 19,900 2,590 7,675       Packet Pg. 1538 Consolidated Plan SAN BERNARDINO 88 OMB Control No: 2506-0117 (exp. 06/30/2018) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Bachelor's degree or higher 8,335 615 2,630 Table 44 - Educational Attainment by Employment Status Data Source: 2011-2015 ACS Educational Attainment by Age Age 18 24 yrs 25 34 yrs 35 44 yrs 45 65 yrs 65+ yrs Less than 9th grade 535 2,144 3,713 7,580 3,660 9th to 12th grade, no diploma 5,399 5,765 5,350 7,669 2,500 High school graduate, GED, or alternative 9,005 9,785 7,140 12,035 4,600 Some college, no degree 10,905 8,939 5,085 9,830 3,385 Associate's degree 1,004 2,258 1,405 2,665 1,224 Bachelor's degree 1,179 2,595 1,775 3,705 1,394 Graduate or professional degree 15 754 850 1,894 918 Table 45 - Educational Attainment by Age Data Source: 2011-2015 ACS Educational Attainment Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 33,509 High school graduate (includes equivalency) 65,568 Some college or Associate's degree 88,789 Bachelor's degree 57,200 Graduate or professional degree 109,150 Table 46 Median Earnings in the Past 12 Months Data Source: 2011-2015 ACS Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? Education and health care services is the top employment sector with the highest percentage of local workers within the sector in San Bernardino, followed by retail trade, arts/entertainment/accommodations, transportation and warehousing, and manufacturing. The sectors with the highest percentage of jobs within the sector are education and healthcare services, retail, transportation and warehousing, and arts, entertainment and accommodations. Manufacturing has the       Packet Pg. 1539 Consolidated Plan SAN BERNARDINO 89 OMB Control No: 2506-0117 (exp. 06/30/2018) most oversupply of labor (more workers than jobs). Education/health care services and finance/insurance/real estate both have the most undersupply of labor (more jobs than workers). Describe the workforce and infrastructure needs of the business community: The City has a civilian labor force of 88,507. However, the unemployment rate is unusually high at 16.6 percent overall, and 9 percent for those in the 25-65 age cohort; the national rate is 3.7 percent and for comparably sized cities, 5.5 percent. Though education and health care services are the top business sector, the most occupations are in sales and office. As discussed above, there is a need for workers in the finance, insurance, and real estate sector. Additionally, because of the finding that there are more workers than jobs in manufacturing, it could be beneficial to incentivize manufacturing companies to locate in the City. The public outreach process for the 2020-2025 ConPlan also expressed the need for job training for residents. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The City of San Bernardino has developed the San Bernardino Downtown Vision & Action Plan, which includes the development of the 48.2-acre Carousel District. A goal of the plan is to capitalize on the ts and entertainment amenities by further developing the area. Projects being considered for this mixed-use development include residential market-rate housing and retail redevelopment with future phases of office, educational, and/or additional housing. In addition to development, the InTech Center in Fontana is part of an initiative designed to provide hands-on training that manufacturing employers are looking for. Manufacturing sectors are growing in the County and include advanced manufacturing, food, plastics, and metal manufacturing. The center provides individual certificate programs as well as comprehensive career skill development, such as in industrial maintenance, pre-engineering, robotics, and IT. Tens of thousands of new residential units are anticipated. As such, the County also has resources in place to attract retail by assisting investors with site selection, business planning, obtaining permits to operate retail, workforce assistance, and demographic and market reports. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? As discussed above, there is a need for workers in the finance, insurance and real estate sector, possibly indicating a need for related job training and educational opportunities. Additionally, because of the finding that there are more workers than jobs in manufacturing, it could be beneficial to incentivize       Packet Pg. 1540 Consolidated Plan SAN BERNARDINO 90 OMB Control No: 2506-0117 (exp. 06/30/2018) manufacturing companies to locate in the City. As mentioned above, job training is a need in the community. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. The San Bernardino Community and Economic Development Department will continue consulting with County Workforce Development, County Department of Behavioral Health, and County Office on Aging and Adult Services, all of which are involved in the delivery of housing, supportive services and economic development to low- and moderate-income San Bernardino residents. Workforce Development provides job placement services for persons in the County and paid on-the-job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City de Spanish language training for persons interested in launching a small business or expanding an existing promote the services available through Workforce Development. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? No If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. The City does not have a comprehensive economic development strategy. Discussion See discussion above.       Packet Pg. 1541 Consolidated Plan SAN BERNARDINO 91 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") As discussed below, there are racial and ethnic concentrations and LMI concentrations within the City. Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") A minority concentration is defined as census tracts where the percentage of individuals of racial or ethnic minority groups is at least 20 percent higher than the City average. An LMI concentration is defined as a census tract in which the median household income is less than or equal to 80 percent of the statewide median family income, in which the median family income is less than or equal to 80 percent or greater. As discussed in NA-30, five census tracts have a Hispanic minority concentration. A majority of the City is considered an LMI area (see attached LMI Concentration Map). What are the characteristics of the market in these areas/neighborhoods? According to the ACS 2014-2018 5-Year Estimates, the median household income for the City is $43,136, which is less than the C As of January 24, 2020, there are approximately 185 houses in various states of foreclosure throughout the City. Housing units in foreclosure generally overlap with LMI neighborhoods displayed in the attached Map. Are there any community assets in these areas/neighborhoods? The County operates an Employment Resource Center in downtown San Bernardino near City Hall in an LMI neighborhood. California State University, San Bernardino is also located in an LMI neighborhood. Are there other strategic opportunities in any of these areas? The City has several economic advantages, including modern industrial buildings, convenient freeway access, and generally lower labor costs. Additionally, the City continues to encourage economic development and will continue to fund nonprofits that develop the capacity of residents through job and small business development training.       Packet Pg. 1542 Consolidated Plan SAN BERNARDINO 92 OMB Control No: 2506-0117 (exp. 06/30/2018) Minority Concentration Map       Packet Pg. 1543 Consolidated Plan SAN BERNARDINO 93 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate-income households and neighborhoods. According to the California Interactive Broadband Map, most of the City is served by fixed-service broadband. Most unserved areas are nonresidential; however, approximately 150 mobile homes are unserved in the City. Stakeholders also identified a need for internet access among homeless individuals and housing program participants. Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. Charter Communications (Spectrum) and Frontier Communications are the primary fixed-service internet service providers (ISPs) operating within the City. Charter and Frontier generally cover the entire City, save for the unserved pockets discussed above. Frontier provides DSL and fiber internet, whereas Charter provides broadband with small pockets of fiber service. The table attached with this section displays the monthly price of internet (excluding equipment rental fees) by ISP as of January 24, 2020. For households that are recipients of the National School Lunch Program (NSLP), the Community Eligibility Provision of the NSLP, or Supplemental Security Income (SSI; 65 years and older), Charter offers broadband internet access (up to 30Mbps) for $14.99 per month with no equipment rental fees. Frontier also provides low-cost internet access (1.61Mbps to 12Mbps) for $19.99 per month for recipients of CalFresh, SSI, Medi-Cal, and Bureau of Indian Affairs programs. This offer also comes with a Chromebook provided by funding from the California Emerging Technology Fund. LMI households who are participants of these programs would be able to access the internet at a low cost. LMI households who are not participants of these specific programs or cannot afford the reduced price would be unable to access the internet.       Packet Pg. 1544 Consolidated Plan SAN BERNARDINO 94 OMB Control No: 2506-0117 (exp. 06/30/2018) MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) increased natural hazard risks associated with climate change. Climate change is a phenomenon where greenhouse gases (GHGs) produced by natural and man-made sources trap heat in the atmosphere, causing an increase in the global average air and ocean temperatures and the melting of snow and ice, which consequently causes sea level rise. Depending on the level of emissions, by 2099, the average temperature of San Bernardino County is projected to rise between 3.8 and 6.7 degrees Fahrenheit. Increased temperatures could manifest as heat waves, which would lead to increased incidents of heat stress and heat stroke and exacerbate existing health conditions. Furthermore, the lack of moisture in the air, when compounded by long-term drought, may also increase the risk of wildfires, resulting in more deaths, destroyed property, and increased air pollution. Climate change may also cause increased occurrences of extreme weather events, such as storms and flooding. This would increase fatal and nonfatal injuries, ruin housing, and may result in permanent displacement. Describe the vulnerability to these risks of housing occupied by low- and moderate-income households based on an analysis of data, findings, and methods. LMI households and those with special needs without the means to evacuate would be more vulnerable during natural disasters caused by climate change. It would be difficult for households to acquire transportation and housing accommodations during an emergency. Additionally, housing destroyed by natural disasters would be difficult to replace in the already constrained housing market. Furthermore, households without adequate air conditioning systems would also be at increased risk of heat stress and heat stroke. Stakeholders identified homeless individuals as having the greatest risk from emergencies and natural disasters. Extreme heat events require cooling centers; however, resources may not be available to accommodate all homeless persons. Additionally, it was identified that households at risk of fire hazard may not have the resources to find replacement housing, and resources may not be available to provide emergency shelter.       Packet Pg. 1545 Consolidated Plan SAN BERNARDINO 95 OMB Control No: 2506-0117 (exp. 06/30/2018) Strategic Plan SP-05 Overview Strategic Plan Overview This overview summarizes the key points of each section of the market analysis and sets a basis for housing market, which includes the housing stock, the cost of housing in the City, housing needs for low- income and special needs populations, and barriers to the development of new housing, especially affordable housing. As with many suburban cities, the City of San Bernardino is made up mostly of one-unit detached structures. Multiunit structures make up the second highest portion of housing stock. Multifamily units have increased more rapidly than single-family development, but only by approximately two percentage points. The cost of home purchase is more affordable in the City of San Bernardino compared to other cities in California. However, like the rest of the state, San Bernardino has followed the same trend of steadily increasing costs for both homeownership and renting. Housing stock is aging; nearly 70 percent of residential units were built prior to 1980. There are many housing resources in the City and County for low-income, special needs, and homeless households. The Housing Authority of the County of San Bernardino (HACSB) is the largest provider of affordable housing in the County. The HACSB owns and/or manages more than 10,000 housing units and serves approximately 30,000 individuals throughout the County. For special needs, in the City of San Bernardino alone, there are 39 adult residential facilities providing capacity to accommodate 835 persons; there are 24 residential elder care facilities in the City that accommodate 505 persons. Finally, the City utilizes the Emergency Solutions Grant (ESG) program to support services that include emergency shelter, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. There continue to be barriers to the provision of affordable housing. But through many initiatives and supportive services funded by local and federal resources, efforts are continuously being made to increase affordable housing units, provide supportive services and job training, and offer other tools to build the workforce for a strong community.       Packet Pg. 1546 Consolidated Plan SAN BERNARDINO 96 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-10 Geographic Priorities 91.215 (a)(1) Geographic Area Table 47 - Geographic Priority Areas 1 Area Name: CityWide Area Type: Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Other Other Revital Description: Housing & Public Services Identify the neighborhood boundaries for this target area. San Bernardino continues to want to fund projects and services for LMI residents throughout the City. Creating inclusive neighborhoods and reducing barriers and boundardies to affordable is a high priority. Include specific housing and commercial characteristics of this target area. The City's commercial corridors are considered major hub areas of activity (routes 10, 215 and 210 and W. 5th Street). Dense residential and nonresidential development including multi-family and multi-story commercial buildings, exists in the southern half of the City in the downtown, while less dense residential neighborhoods exist in the northern most areas of the City. Around the periphery of the downtown there are medium density neighborhoods containing townhomes, apartments, doubles and dense single family housing units. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? The consultation process did not pinpoint any specific region. Stakeholders and service agencies noted they assist homeless and or LMI residents located throughout the City. Identify the needs in this target area. Citywide affordable housing is an issue, particularly for extremely low and low income families. What are the opportunities for improvement in this target area? The City's housing rehabilitation, rental and homebuyers assistance, and infill development programs are the right tools to create more available affordable permanent housing units.       Packet Pg. 1547 Consolidated Plan SAN BERNARDINO 97 OMB Control No: 2506-0117 (exp. 06/30/2018) Are there barriers to improvement in this target area? Yes, there is an ongoing issues of funding, assistance, both private and public, for affordable housing develpment and families living in poverty. 2 Area Name: LMI Areas of the City Area Type: Local Target area Other Target Area Description: HUD Approval Date: % of Low/ Mod: Revital Type: Other Other Revital Description: Public and community facilities Identify the neighborhood boundaries for this target area. LMI areas in the city are designated on attached mapping. They are the census tracts and block groups that have been designated as 51% or more as being LMI. A large majority of the City are desginated as LMI. However this designation does not apply to the census tracts located in the very northeastern portion of the City. Include specific housing and commercial characteristics of this target area. The City's commercial corridors are considered major hub areas of activity (routes 10, 215 and 210 and W. 5th Street). Dense residential and nonresidential development including multi-family and multi-story commercial buildings, exists in the southern half of the City in the downtown, while less dense residential neighborhoods exist in the northern most areas of the City. Around the periphery of the downtown there are medium density neighborhoods containing townhomes, apartments, doubles and dense single family housing units. How did your consultation and citizen participation process help you to identify this neighborhood as a target area? The consultation process did not pinpoint any specific region. City staff and officials intend to prioritize and upgrade public infrastructure and recreation facilities and community centers. Identify the needs in this target area. Aging sewer and water infrastructure, park equipment, accessibility of public streets and sidewalks, and community facilities. What are the opportunities for improvement in this target area? Improve aging facilities that could, if left go, affect the health and safety of the community residents.       Packet Pg. 1548 Consolidated Plan SAN BERNARDINO 98 OMB Control No: 2506-0117 (exp. 06/30/2018) Are there barriers to improvement in this target area? The top barrier is the ability to fully-fund infrastructure projects and improve all the City parks ontop funding routine maintenance costs. General Allocation Priorities Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) The City will use most of its federal funding to finance projects targeted to low- to moderate-income households throughout the City, including those in special needs categories. Based on 2011-2015 CHAS data, 59 percent of households in the City are low- to moderate-income households. Because more than half of residents would qualify for CDBG assistance and there are no concentrated areas of poverty, the City is taking the approach of allocating CDBG funds across the whole City.       Packet Pg. 1549 Consolidated Plan SAN BERNARDINO 99 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-25 Priority Needs - 91.215(a)(2) Priority Needs Table 48 Priority Needs Summary 1 Priority Need Name Preserve and Rehabilitate Housing Priority Level High Population Low Moderate Large Families Families with Children Elderly Persons with Physical Disabilities Geographic Areas Affected CityWide Associated Goals Preserve and Rehabilitate Housing Description The preservation and rehabilitation of single-family owner-occupied housing and multi-family rental units. Basis for Relative Priority As discussed in MA-20, 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. Community engagement efforts also identified a need for housing rehabilitation. 2 Priority Need Name Expand Home Ownership Priority Level High Population Low Moderate Large Families Families with Children Geographic Areas Affected CityWide       Packet Pg. 1550 Consolidated Plan SAN BERNARDINO 100 OMB Control No: 2506-0117 (exp. 06/30/2018) Associated Goals Expand Home Ownership Description Affordable homeownership housing units added and first-time homebuyer assistance programs. Basis for Relative Priority The median income of the City is approximately $16,000 lower than the national average; however, the cost of living in the County is higher than the national average. Consequently, City residents will likely need assistance to secure their first home without incurring a cost burden. Survey respondents also identified a first-time homebuyer program as a critical housing need. 3 Priority Need Name Provide Homeless and Homeless Prevention Services Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Public Housing Residents Chronic Homelessness Individuals Chronic Substance Abuse veterans Victims of Domestic Violence Unaccompanied Youth Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Geographic Areas Affected CityWide Associated Goals Provide Homeless and Homeless Prevention Services Description Provide emergency shelters, rapid rehousing, and homelessness prevention services to homeless individuals and persons at risk of homelessness.       Packet Pg. 1551 Consolidated Plan SAN BERNARDINO 101 OMB Control No: 2506-0117 (exp. 06/30/2018) Basis for Relative Priority As discussed in NA-20, there are approximately 890 homeless individuals living in the City of San Bernardino. Discussions with the San Bernardino County Homeless Partnership identified that homeless individuals are in need of services to alleviate or prevent homelessness. 4 Priority Need Name New Affordable Rental Housing Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Geographic Areas Affected CityWide Associated Goals Preserve and Rehabilitate Housing New Affordable Rental Housing Description New affordable rental housing (new construction or rehabilitation) and new affordable rental housing with supportive services for homeless individuals and veterans. Basis for Relative Priority There is a significant mismatch between housing supply and affordability within the City. As discussed in MA-15, there is a 11,445-unit gap for households earning between 0 and 30 percent AMI and a 2,750-unit gap for households earning between 30 and 50 percent AMI. Additionally, 17,398 low-income renter households are paying more than 30 percent of their income toward housing costs. 5 Priority Need Name Promote Economic Development Priority Level High Population Extremely Low Low Moderate       Packet Pg. 1552 Consolidated Plan SAN BERNARDINO 102 OMB Control No: 2506-0117 (exp. 06/30/2018) Geographic Areas Affected CityWide Associated Goals Promote Economic Development Description Create job opportunities. Basis for Relative Priority The unemployment rate of the City is high at 16.6 percent. Additionally, only 10 percent of the labor not graduated high school. Furthermore, 73 percent of survey respondents identified job creation as a critical economic development need. 6 Priority Need Name Improve Facilities and Infrastructure Priority Level High Population Extremely Low Low Moderate Families with Children Elderly Public Housing Residents Chronic Homelessness Chronic Substance Abuse veterans Victims of Domestic Violence Unaccompanied Youth Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Non-housing Community Development Geographic Areas Affected CityWide Associated Goals Improve Facilities and Infrastructure Description Improve public facilities including parks and accessibility upgrades       Packet Pg. 1553 Consolidated Plan SAN BERNARDINO 103 OMB Control No: 2506-0117 (exp. 06/30/2018) Basis for Relative Priority -2023 Capital Improvement Plan (CIP) has indicated the need for the replacement of streetlights, pavement rehabilitation, improvement of safe routes to schools, and citywide accessibility improvements. Community engagement efforts also identified a need for street, street lighting, and water/sewage improvements within the City. 7 Priority Need Name Fair Housing Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Geographic Areas Affected CityWide Associated Goals Fair Housing Description Promote fair housing ans support fair housing services. Basis for Relative Priority Between 2015 and 2016, 114 fair housing discrimination cases were forwarded to the Office of Fair Housing and Equal Opportunity; 51.8 percent of these cases were based on disability. 8 Priority Need Name Planning and Administration Priority Level Low Population Extremely Low Low Moderate Large Families Families with Children Elderly Public Housing Residents Other       Packet Pg. 1554 Consolidated Plan SAN BERNARDINO 104 OMB Control No: 2506-0117 (exp. 06/30/2018) Geographic Areas Affected CityWide Associated Goals Planning and Administration Description Implement goals of Consolidated Plan. Basis for Relative Priority Compliance with all HUD Consolidated Plan and CDBG, HOME, and ESG program regulations is a requirement for participation in this program. Narrative (Optional) In establishing the above priorities, the City has considered input from community engagement efforts, including the surveys, stakeholder interviews, and engagement meetings, as well as demographic and data analysis. Activities that address the high priority needs will be funded using CDBG, HOME, and ESG funds during the ConPlan period and activities that address low priority needs may be funded by these funds pending availability.       Packet Pg. 1555 Consolidated Plan SAN BERNARDINO 105 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-30 Influence of Market Conditions 91.215 (b) Influence of Market Conditions Affordable Housing Type Market Characteristics that will influence the use of funds available for housing type Tenant Based Rental Assistance (TBRA) The City does not offer TBRA. TBRA for Non- Homeless Special Needs The City does not offer TBRA. New Unit Production As discussed in the Market Assessment, there is a gap of 11,445 housing units for those earning less than 30 percent AMI and a gap of 2,750 housing units for those earning between 30 and 50 percent AMI. Rehabilitation As discussed in the Market Assessment, approximately 67 percent of owner - occupied housing and 68 percent of renter-occupied housing was built before 1980. Generally, housing begins to require major repairs after 30 or 40 years of age. Acquisition, including preservation The abundance of land within the City may make this option less desirable than new unit production; however, if acquisition costs are not too high, then rehabilitation can be less expensive than new construction Table 49 Influence of Market Conditions       Packet Pg. 1556 Consolidated Plan SAN BERNARDINO 106 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) Introduction San Bernardino estimates they will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In year 1 the City will receive: CDBG $3,405,816 HOME $1,404,784 ESG $295,799 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020.       Packet Pg. 1557 Consolidated Plan SAN BERNARDINO 107 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,784 1,965,694 0 3,370,478 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 0 295,799 1,500,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Table 50 - Anticipated Resources       Packet Pg. 1558 Consolidated Plan SAN BERNARDINO 108 OMB Control No: 2506-0117 (exp. 06/30/2018) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing, Community Investment Funds from Dignity Health State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds, Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In 2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $625,000. Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB) Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor Housing Agency HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100 percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction. If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and       Packet Pg. 1559 Consolidated Plan SAN BERNARDINO 109 OMB Control No: 2506-0117 (exp. 06/30/2018) administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service hours. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan -2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need.       Packet Pg. 1560 Consolidated Plan SAN BERNARDINO 110 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-40 Institutional Delivery Structure 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Type Role Geographic Area Served CITY OF SAN BERNARDINO Government Economic Development Homelessness Non-homeless special needs Planning neighborhood improvements public facilities public services Jurisdiction SAN BERNARDINO COUNTY HOUSING AUTHORITY PHA Public Housing Rental Region San Bernardino County Homeless Partnership Continuum of care Homelessness Region Table 51 - Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System The City has invested significantly in its CDBG, HOME, and ESG programs, specifically for consulting, auditing, and program design; however, it remains financially constrained. The City continues to improve its capacity and effectiveness in using federal funding. Additionally, the City of San Bernardino participates in the San Bernardino County Homeless Partnership (SBCHP) through the Central Valley Steering Committee on the Interagency Council on Homelessness, which directs the SBCHP. The SBCHP coordinates homeless services and housing throughout the County. The partnership understands that homelessness is a massive issue which takes an enormous amount of planning and resources to address. Given this, the SBCHP continually tries to address gaps in its institutional structure and bolster its strengths. A gap analysis is performed annually to determine gaps in the service and structure of the partnership. The primary gap identified is a lack of funding to house or shelter all homeless individuals in the County. As identified in NA-40, there are approximately 2,600 homeless individuals living in San Bernardino County.       Packet Pg. 1561 Consolidated Plan SAN BERNARDINO 111 OMB Control No: 2506-0117 (exp. 06/30/2018) Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Services Available in the Community Targeted to Homeless Targeted to People with HIV Homelessness Prevention Services Counseling/Advocacy X X Legal Assistance X Mortgage Assistance X Rental Assistance X Utilities Assistance Street Outreach Services Law Enforcement Mobile Clinics Other Street Outreach Services X X Supportive Services Alcohol & Drug Abuse X X Child Care X X Education Employment and Employment Training X X Healthcare X X X HIV/AIDS X X X Life Skills X X Mental Health Counseling X X Transportation X X Other Table 52 - Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Besides CDBG funding, ESG funding is also used to combat homelessness within the City. The City coordinates with emergency shelters and funds nonprofit agencies that operate emergency shelters and transitional housing. These shelters offer basic needs and drop-in services. Transitional housing provides assistance in helping homeless individuals become more stable and continue independent living. Additionally, the SBCHP coordinates homeless services and housing throughout the County, including for the City of San Bernardino. The partnership has created an initiative to house veteran families, which has resulted in 1,260 veteran families being housed between 2015 and 2020. The SBCHP also has created initiatives to house the elderly and chronically homeless population.       Packet Pg. 1562 Consolidated Plan SAN BERNARDINO 112 OMB Control No: 2506-0117 (exp. 06/30/2018) Furthermore, the organization has partnered with the Inland Empire Health Plan to provide health care services to homeless individuals throughout the County. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above Numerous resources are available for homeless individuals living with HIV/AIDS in the County, including service providers which provide permanent supportive housing. Additionally, the Inland Empire Health Plan serves anyone who is chronically homeless, which is defined as an individual who is homeless for more than a year or homeless four or more times in three years and has a disabling health condition, which includes HIV/AIDS. The SBCHP identifies a significant gap of resources for elderly persons and persons with disabilities. On average, elderly persons and persons with disabilities receive approximately $1,000 per month in social security income (SSI). However, the HUD fair market rent for the County is $986 for a one-bedroom unit. This leaves individuals receiving SSI without the means to afford housing, potentially leaving some homeless. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs Currently, the SBCHP works with 62 homeless service providers and all cities within the County. Steering committees, comprising service providers and representatives from some of these cities, including the -making process. The partnership encourages continued participation to overcome gaps in institutional structure. Additionally, the SBCHP performs an annual gap analysis to determine areas in which the partnership can improve. The partnership is continually finding ways to fill gaps in services, including through partnerships with nonprofits, businesses, and municipalities as well as through new approaches to problem solving. This includes motel, hotel, shared, and bridge housing as well as employment training.       Packet Pg. 1563 Consolidated Plan SAN BERNARDINO 113 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-45 Goals Summary 91.215(a)(4) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing New Affordable Rental Housing HOME: $3,500,000 Rental units rehabilitated: 400 Household Housing Unit Homeowner Housing Rehabilitated: 50 Household Housing Unit 2 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $500,000 Homeowner Housing Added: 100 Household Housing Unit Direct Financial Assistance to Homebuyers: 10 Households Assisted 3 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $1,795,799 Public service activities other than Low/Moderate Income Housing Benefit: 3000 Persons Assisted 4 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide New Affordable Rental Housing HOME: $7,296,500 Rental units constructed: 500 Household Housing Unit       Packet Pg. 1564 Consolidated Plan SAN BERNARDINO 114 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $300,000 Public service activities other than Low/Moderate Income Housing Benefit: 50 Persons Assisted 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $12,500,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 160000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $400,000 Public service activities other than Low/Moderate Income Housing Benefit: 5000 Persons Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $4,223,184 HOME: $2,823,978 Other: 1 Other Table 53 Goals Summary Goal Descriptions 1 Goal Name Preserve and Rehabilitate Housing Goal Description Provide funding for homeowner-occupied and rental housing rehabilitation.       Packet Pg. 1565 Consolidated Plan SAN BERNARDINO 115 OMB Control No: 2506-0117 (exp. 06/30/2018) 2 Goal Name Expand Home Ownership Goal Description Provide funding for the construction of new owner housing units and first-time homebuyer assistance programs, such as down payment assistance. Additionally, NSP funds are being used for new home construction. 3 Goal Name Provide Homeless and Homeless Prevention Services Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 4 Goal Name New Affordable Rental Housing Goal Description Provide funding for new affordable rental housing (new construction or rehabilitation) and affordable rental housing with supportive services for homeless individuals and veterans. 5 Goal Name Promote Economic Development Goal Description Provide funding for the City's Micro-Enterprise Program as well as support programs and projects that create jobs, promote economic revitalization. 6 Goal Name Improve Facilities and Infrastructure Goal Description Provide funding to improve public facilities and infrastructure, including parks, community centers, and sidewalks. 7 Goal Name Fair Housing Goal Description Promote fair housing choice through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord-tenant mediation. 8 Goal Name Planning and Administration Goal Description Provide funding to implement the goals and objectives of the ConPlan, comply with planning and reporting requirements, and monitor use of the funds. Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2)       Packet Pg. 1566 Consolidated Plan SAN BERNARDINO 116 OMB Control No: 2506-0117 (exp. 06/30/2018) The City estimates that HOME funds will provide affordable housing to approximately total 510 households over the life of the ConPlan period. Aproximately 40% (204 units) of the units will be obtained by extremely low income, 50% (255 units) to low income and 10% (51 units) to moderate income families. In 2020-2021 239 rental units will be rehabilitated, 2 new owner-occupied housing units will be constructed, 100 new rental units will be added and 4 low income families will receive financial assistance for home ownership.       Packet Pg. 1567 Consolidated Plan SAN BERNARDINO 117 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-50 Public Housing Accessibility and Involvement 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) Households in California with at least one member living with a disability have a median household income of $56,600, approximately $26,000 less than the median household income of all households at $82,000. Consequently, the need for accessible affordable units would be high for this population. As discussed in NA-35, the average annual income of all vouchers holders is approximately $14,084, which indicates these voucher holders have limited income to cover basic transportation, medical, food, and personal needs. As indicated in NA-35, 5,277 voucher holders (37 percent) have requested some type of accessible feature, demonstrating a need. Given the number of persons with disabilities across the County, the need for accessible units would be great. Activities to Increase Resident Involvements The City does not own public housing units. HACSB Board of Commissioners has regular meetings twice per month that call for public comment on agenda items. The HACSB also operates a Family Self Sufficiency Program designed so that residents can be involved in the development of self-sufficiency goals, job training, and other services. The City provides several programs that public housing residents can participate including the First Time Homebuyers Program which funds homebuyers with an income range between 50% and 80% AMI. The City's Infill Program also caters to eligible LMI families wanting to purchase a home. The City works with HACSB to provide homeownership opportunities as they are available. Is the public housing agency designated as troubled under 24 CFR part 902? No The City is not designated as troubled.       Packet Pg. 1568 Consolidated Plan SAN BERNARDINO 118 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-55 Barriers to affordable housing 91.215(h) Barriers to Affordable Housing The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: Funding for affordable housing usually comes from the government at the local, state, or federal levels or from nonprofit organizations specializing in the construction of affordable housing. Before 2012, redevelopment had the ability to borrow against future property tax revenue in order to finance capital projects and address blight; 20 percent of redevelopment money was required to be allocated toward affordable housing. Due to state budgetary problems, redevelopment agencies were dissolved. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Review: Environmental review can be a long process and is expensive if extensive environmental review is required under the California Environmental Quality Act (CEQA) or the National Environmental Policy Act. Additionally, if a developer is applying to rezone an area or parcel, an amendment to the General Plan or Zoning Ordinance is required, which is a project under CEQA. Such an amendment requires environmental review, which can become a long and even political process that can slow or even stop the development of projects. Site Improvements: Many parts of the City of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Infrastructure and Impact Fees: Impact fees are charged to housing developers to pay for City infrastructure that will support the project, or pay for parks or other City services that protect the welfare of residents. A primary financial deterrent for developers is the high cost of impact fees. Construction costs, permitting fees, and impact fees are passed on to the consumer, driving up the cost of housing at all income levels.       Packet Pg. 1569 Consolidated Plan SAN BERNARDINO 119 OMB Control No: 2506-0117 (exp. 06/30/2018) State and Federal Davis-Bacon Prevailing Wages:The state Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multifamily project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Strategy to Remove or Ameliorate the Barriers to Affordable Housing The City continues to make the development process more efficient for developers through amendments to the Development Code. The City plans to make the following updates to its development code: General Lot Consolidation Incentive This incentive would increase development potential by allowing a 15 percent density bonus for projects with a residential component, maintenance plan, and on-site management. Density Bonus Provisions The City plans to update the Development Code to reflect the latest amendments to state density bonus law. Transitional and Supportive Housing The City plans to update the Development Code to adequately define transitional and permanent supportive housing to eliminate confusion and facilitate the review and approval process for this housing type. Streamlined Processing The City plans to analyze potential programs that seek to eliminate land use constraints related to the development of new housing and rehabilitation of existing housing. Additionally, the City has applied for an SB 2 planning grant to assist with streamlining.       Packet Pg. 1570 Consolidated Plan SAN BERNARDINO 120 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-60 Homelessness Strategy 91.215(d) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of San Bernardino provides ESG funding to Step Up on Second (Step Up), which provides essential service referrals and housing placement services to homeless persons and near-homeless persons. Step Up also provides daily mobile outreach to the most service-resistant homeless population in the City. Addressing the emergency and transitional housing needs of homeless persons The City funds nonprofits that operate emergency shelters and transitional housing for homeless individuals. Emergency shelters provide shelter, nutrition, supportive services, counseling, medical treatment, transportation assistance, referrals to mental health and social service agencies, and housing assistance. Transitional housing programs provide shelter and services such as job training, financial literacy training, drug and alcohol rehabilitation, and counseling to help individuals reestablish independent living. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. The City will provide ESG funding for supportive services to assist homeless individuals, including funding for emergency shelters, rapid rehousing, homelessness prevention, and street outreach. The City will also fund nonprofit agencies that operate emergency shelters and provide services to help homeless individuals stabilize and live independently. The City will continue to fund nonprofits that help homeless individuals transition to permanent housing. Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs As discussed above, the City funds a number of nonprofits that provide homeless prevention services to those at risk of homelessness. Additionally, the Coordinated Entry System (CES) is used to quickly identify, assess, refer, and connect clients to housing assistance and services in the event they are       Packet Pg. 1571 Consolidated Plan SAN BERNARDINO 121 OMB Control No: 2506-0117 (exp. 06/30/2018) City of San Bernardino to connect homeless patients with bridge housing.       Packet Pg. 1572 Consolidated Plan SAN BERNARDINO 122 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-65 Lead based paint Hazards 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards The City follows all applicable lead-based paint hazard (LBP) regulations, which primarily affect projects f they are low- Abatement Program for free paint inspections, lead testing for children, information about LBP, and abatement. In general, housing built after 1977, zero-bedroom units, and housing for the elderly or disabled persons (unless children are present) are exempt from this rule. How are the actions listed above related to the extent of lead poisoning and hazards? Units built prior to 1980 may contain LBP, to which children under the age of six years are especially vulnerable. As discussed in MA-20, approximately 31,000 housing units were built prior to 1980, of which approximately 6,500 are occupied by children under six years of age. How are the actions listed above integrated into housing policies and procedures? The City, as part of its Housing Rehabilitation Program, requires that all LBP be controlled or abated and disposed of properly to eliminate or reduce the hazard of environmental or human contamination.       Packet Pg. 1573 Consolidated Plan SAN BERNARDINO 123 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-70 Anti-Poverty Strategy 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families The City annually allocates federal funds for economic development activities, which includes microloan programs and Sect recipients with financing for economic development activities. The goal of the program is to provide the public investment needed to catalyze private economic activity in underserved areas. The City utilizes Section 108 financing to acquire properties for the development of commercial centers and in the process creates jobs for City residents. Additionally, the City uses its CDBG, HOME, and ESG funds to reduce the number of poverty-level families through the provision of supportive services and housing assistance. Specifically, at least 70 percent of CDBG dollars must be used to benefit low- to moderate-income families. How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan The City allocated up to 15 percent of its CDBG funds annually to public and nonprofit service providers to offer a range of supportive services, including those that fight poverty. Additionally, the City is using its funds to support other activities that address poverty, such as housing rehabilitation, homeownership programs, rental assistance, and economic development.       Packet Pg. 1574 Consolidated Plan SAN BERNARDINO 124 OMB Control No: 2506-0117 (exp. 06/30/2018) SP-80 Monitoring 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City undertakes monitoring: program monitoring for ESG, CDBG and HOME. ESG. The City is required to monitor Sub-Recipients for compliance with ESG regulations. As per Federal y has developed comprehensive monitoring process. As part of the monthly claim reimbursement process, a desk audit will be conducted on each claim prior to approval for payment. Additional information or documentation may be requested, at the time of desk audit. A recipient will be notified 30 days in advance of the monitoring visit and interview and provided with a monitoring checklist, tools and resources. After the monitoring visit, the City will provide Sub-Recipient with a written monitoring report inclusive of any findings, concerns or comments. If required, the sub-recipient must provide timely corrective action to findings and failure to do so may result in the withholding and/or return of ESG funds to the City or other possible remedies as described in the Sub-Recipient Agreement signed by Sub-Recipient and the City (See attached Sub-Recipient monitoring checklist). HOME. The City provides ongoing monitoring and conducts annual inspections in order to ensure compliance with the following requirements for its TBRA program: Units must meet Section 8 Housing Quality Standards (HQS) and meet lead-based paint standards per the Lead Safe Housing Rule of 24 CFR Part 35, Units must be of an appropriate size for the household based on either local or state codes or a Any rent increases by the landlord must be reviewed and approved by the PJ Staff is required to create an affordable housing monitoring file for each HOME assisted rental property; with the contents of the file generally including a copy of the recorded affordability covenant, a summary coversheet detailing the specific affordability requirements for the property as described within the covenant, annual HOME Income Limit Tables, annual HOME rent schedules, all utility allowance schedules. Program staff shall retain copies of all correspondence related to the property owner. CDBG. HD Staff performs monitoring visits at Subrecipient locations to determine compliance with federal rules and regulations and in accordance with 2 CFR 200.330 and 2 CFR 200.331. Monitoring visits Program. Subrecipients answer a series of questions that are consistent with the CDBG Subrecipient Monitoring Checklist, which includes questions pertaining to the CDBG Program and other federal requirements (See CDBG Monitoring Checklist). Program staff has developed the following monitoring proc - mail to Subrecipient prior to scheduled monitoring visit, Conduct entrance interview, Complete CDBG Subrecipient Monitoring Checklist, including determination if Subrecipient is subject to Single Audit       Packet Pg. 1575 Consolidated Plan SAN BERNARDINO 125 OMB Control No: 2506-0117 (exp. 06/30/2018) requirement (i.e., those that receive more than $750,000 in federal grants), Conduct exit interview, Send follow-up monitoring response to the Subrecipient within 15 working days of the completion of the monitoring, Allow Subrecipient 15 days to respond to findings and/or concerns, response within 15 days of receipt, and Send clearance letter to Subrecipient.       Packet Pg. 1576 Consolidated Plan SAN BERNARDINO 126 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources 91.220(c)(1,2) Introduction San Bernardino estimates they will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In year 1 the City will receive: CDBG $3,405,816 HOME $1,404,784 ESG $295,799 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,816 817,368 0 4,223,184 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020.       Packet Pg. 1577 Consolidated Plan SAN BERNARDINO 127 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,784 1,965,694 0 3,370,478 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 0 295,799 1,500,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Table 54 - Expected Resources Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied       Packet Pg. 1578 Consolidated Plan SAN BERNARDINO 128 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will leverage its federal resources with state and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources. Section 8 Housing Choice Voucher Program, Federal Low-Income Housing Tax Credit Program, Tax Exempt Bond Financing, Community Investment Funds from Dignity Health State Resources. Tax Exempt bonds, State Low-Income Housing Tax Credit Program, No Place Like Home, Community Reinvestments Funds, Permanent Local Housing Allocation (PLHA) from California State Department of Housing, Veteran Housing and Homeless Prevention Program. In 2017, the governor signed the Building Homes and Jobs Act (SB 2), which established a $75 recording fee on real estate documents to increase the supply of affordable housing in California. Funding is used to help cities and counties accelerate housing production, streamline approval of housing development, facilitate housing affordability, promote development, and ensure geographic equity in the distribution of funds. The City submitted a grant application under SB 2 to the California Department of Housing and Community Development for the sum of $625,000. Local Resources. San Bernardino County Continuum of Care, Housing Authority of San Bernardino County (HACSB) Private Resources. Dignity Health, San Manuel Band of Mission Indians, San Bernardino Unified School District, City of San Bernardino Successor Housing Agency HOME Match. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In FY 2019-2020, the City received a 100 percent match reduction due to severe fiscal distress. It is anticipated that in 2020-2021 the City will also receive a 100 percent match reduction. If a reduction is not granted, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. ESG Match. HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. In addition, qualified City staff will provide in-kind services for necessary program oversight, review project work receipts, and administer other matching funds from state and federal programs, such as CDBG. Staff timecards will be used to document all in-kind service hours.       Packet Pg. 1579 Consolidated Plan SAN BERNARDINO 129 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan -2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need.       Packet Pg. 1580 Consolidated Plan SAN BERNARDINO 130 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $910,718 Homeowner Housing Added: 6 Household Housing Unit 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $273,614 Tenant-based rental assistance / Rapid Rehousing: 20 Households Assisted Homeless Person Overnight Shelter: 130 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 220 Beds 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $1,789,282 Rental units constructed: 100 Household Housing Unit 4 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $500,000 Rental units rehabilitated: 239 Household Housing Unit 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $798,021 Public service activities other than Low/Moderate Income Housing Benefit: 10 Persons Assisted       Packet Pg. 1581 Consolidated Plan SAN BERNARDINO 131 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $2,671,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 32000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 0 Households Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Preserve and Rehabilitate Housing Expand Home Ownership Provide Homeless and Homeless Prevention Services New Affordable Rental Housing Promote Economic Development Improve Facilities and Infrastructure Fair Housing CDBG: $681,163 HOME: $140,478 ESG: $22,185 Other: 1 Other Table 55 Goals Summary       Packet Pg. 1582 Consolidated Plan SAN BERNARDINO 132 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Descriptions 1 Goal Name Expand Home Ownership Goal Description There are 2 projects proposed that will expand home ownership opportunities: 1. $700,000 in HOME funds for 4 new infill owner-occupied units city-wide 2. $210,718 in HOME-CHDO funds for 2 new owner-occupied units city-wide 2 Goal Name Provide Homeless and Homeless Prevention Services Goal Description The City intends to fund public service programs and activities related to homelessness. Activities include: rapid rehousing, emergency shelters, increase the number of shelter and transitional housing beds as well as homelessness prevention programs. 3 Goal Name New Affordable Rental Housing Goal Description 100 new affordable rental units will be constructed in Seccombe Park. 4 Goal Name Preserve and Rehabilitate Housing Goal Description Rehabilitate 239 affordable rental units in 2601-2675 W 2nd Street. 5 Goal Name Promote Economic Development Goal Description Funding will be provided tha twill assist a minimum of 10 small businesses. Funding will also be used for Section 108 Loan repayment for a revitalization project on HIghland Avenue. The project is slated to create and retain 214 jobs. 6 Goal Name Improve Facilities and Infrastructure Goal Description Funding will be used to improve five community facilities including three parks, a community center and a senior center.       Packet Pg. 1583 Consolidated Plan SAN BERNARDINO 133 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 Goal Name Fair Housing Goal Description Funds will be provided for IFHMB to provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 8 Goal Name Planning and Administration Goal Description Funds are allocated for City staff for planning and administration of HOME, CDBG, ESG funds for the various projects and grantee monitoring requirements.       Packet Pg. 1584 Consolidated Plan SAN BERNARDINO 134 OMB Control No: 2506-0117 (exp. 06/30/2018) Projects AP-35 Projects 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand homeownership opportunities; provide supportive services; new affordable housing construction or rehabilitation; new affordable housing construction; promote economic development; improve facilities and infrastructure; fair housing, and program planning and administration. Projects # Project Name 1 Infill Housing Program 2 First Time Home Ownership 3 Homeless Outreach and Homeless Prevention 4 New Rental Housing Construction 5 Affordable Rental Housing Rehabilitation 6 Micro-Enterprise Program 7 Section 108 Repayment Program - Promote Economic Development 8 Improve Public Facilities and Infrastructure 9 Fair Housing 10 Planning & Administration Table 56 Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities are a result of input received from the community and based on the identified needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle in addressing underserved needs is insufficient resources to meet the ongoing needs of persons, especially those with special needs such as the homeless.       Packet Pg. 1585 Consolidated Plan SAN BERNARDINO 135 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information       Packet Pg. 1586 Consolidated Plan SAN BERNARDINO 136 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Infill Housing Program Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $700,000 Description Construction of single family ownership housing on vacant City-owned lots. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Four(4) families will benefit from this project. Location Description Citywide Planned Activities Homeownership Housing units added. 2 Project Name First Time Home Ownership Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $210,718 Description New construction of single family homes on vacant City-owned lots. This project is a CHDO project with a 15% Set-Aside. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 2 households will benefit. Location Description To be determined Planned Activities New construction of single family homes on vacant City-owned lots. Income will range 50% to 80% of Area Median Income (AMI). 3 Project Name Homeless Outreach and Homeless Prevention Target Area CityWide       Packet Pg. 1587 Consolidated Plan SAN BERNARDINO 137 OMB Control No: 2506-0117 (exp. 06/30/2018) Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding ESG: $295,799 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 600 persons at very low income to zero income will benefit from the proposed activities. Location Description The following locations will benefit from ESG funding. 1. Community Action Partnership - 696 S. Tippecanoe Avenue, San Bernardino, CA 92408 2. Family Service Association of Redlands - 612 Lawton St, Redlands, CA 92374 3. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401 4. Step Up on Second - 201 North E Street, San Bernardino, CA 92401 Planned Activities The ESG Program will fund four agencies and programs plus grant and project management. Community Action Partnership. Provide homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education and linkages to other support services. Award $54,446. Family Service Association of Redlands. Provide emergency shelter, motel vouchers, wraparound services and case management to prevent homelessness. Award $63,000. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing, wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Award $70,000. Step Up On Second. Provide supportive services which begin with engagement and street outreach activities. Award $86,168 4 Project Name New Rental Housing Construction       Packet Pg. 1588 Consolidated Plan SAN BERNARDINO 138 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing Funding HOME: $1,819,282 Description New affordable rental units constructed at Seccombe Park Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 100 families will benefit from this proposed project. Location Description Seccombe Park 160 E. 5th Street San Bernardino, CA Census Tract: 58.00 Planned Activities Construction of new affordable rental housing units 5 Project Name Affordable Rental Housing Rehabilitation Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $500,000 Description Rehabilitation of 239 existing rental housing units. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 239 families will benefit from this proposed project. Location Description Property address is 2601-2675 W. 2nd Street San Bernardino, CA Planned Activities Rehabilitation of existing rental housing units. 6 Project Name Micro-Enterprise Program Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development       Packet Pg. 1589 Consolidated Plan SAN BERNARDINO 139 OMB Control No: 2506-0117 (exp. 06/30/2018) Funding CDBG: $35,000 Description Provide business development training and support to income qualified existing or potential business owners. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately ten existing or potential business owners will be trained. Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The Micro-Enterprise program promotes economic development in the City. The program provides business development training and support to income qualified participants who wish to start their own business. The Program will use CDBG funds to provide education and training for existing or potential business owners, to launch and retain a successful businesses and improve business viability. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. 7 Project Name Section 108 Repayment Program - Promote Economic Development Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $763,021 Description Section 108 loan repayment for Arden Guthrie Property (B-03-MC-06- 0539, Loan number 119-090-0053-5801) obtained to forward economic revitalization and create jobs (214 jobs) in the City. Target Date 6/30/2021       Packet Pg. 1590 Consolidated Plan SAN BERNARDINO 140 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities A Section 108 loan, FY 2006, was obtained for the acquisition of 22 blighted and socially problematic apartment buildings in the North Arden Guthrie Area of the City. The City is moving forward with the sale of the property to a developer who will build a multi-tenant commercial shopping center. 8 Project Name Improve Public Facilities and Infrastructure Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $2,671,000 Description Three (3) parks will be funded for replacement of playground equipment in addition to an existing baseball field to be converted into a Miracle League park to be ADA compliant. A concrete/ADA project will also be funded to replace sidewalks and ADA accessibility. Encanto Community Center Phase I roof replacement/facility repairs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 32,000 persons within households earning an income level of 30% to 50% of AMI will benefit of the improvements made to these parks and facility.       Packet Pg. 1591 Consolidated Plan SAN BERNARDINO 141 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description The City has proposed to fund the following three (3) parks, a community center and public facilities at a senior center: 1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA 2. Anne Shirrel Park 1367 North California, San Bernardino, CA 3. Nicholson Park - 2737 W. 2nd Street, San Bernardino, CA (Playground equipment replacement and existing baseball field conversion) 4. Encanto Community Center Phase 1 1180 W. 9th Street, San Bernardino, CA Roof replacement/facility repairs. 5. Citywide Concrete Repairs to replace sidewalks and ADA accessibility for Fifth Street Senior Center, Perris Hill Senior Center, Ruben Campos, Lytle Creek, Rudy Hernandez, Nicholson and Delmann Heights Community Centers. Planned Activities The City plans to improve three (3) parks, a community center and public facilities at a senior center. Specifically the replacement of playground equipment to provide safe equipment for the community in addition to a Miracle League Park for ADA compliant and citywide concrete repairs. 9 Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities This program will benefit Low/Moderate Income Households/Tenants. Location Description Fair housing events and discrimination assistance will benefit aproximately 1,000 LMI households and tenants.       Packet Pg. 1592 Consolidated Plan SAN BERNARDINO 142 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 10 Project Name Planning & Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $681,163 HOME: $140,478 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations.Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. CDBG Administration: $681,163; HOME Administration: $140,478; ESG Administration: $22,185 Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The entire city benefits from planning and administration efforts lead by the City. Location Description 201 North E Street, San Bernardino, CA 92401 Planned Activities Grant and Project Management       Packet Pg. 1593 Consolidated Plan SAN BERNARDINO 143 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for PY 2020-2021 to finance a variety of housing, community development, economic development, and capital improvement projects. The majority of the funding will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised Geographic Distribution Target Area Percentage of Funds CityWide 70 LMI Areas of the City 30 Table 57 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2020-2021 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2020-2021 Action Plan, the City established priority needs based on an in depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to - residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment replaced, because those are the areas of greatest need. Discussion The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA)       Packet Pg. 1594 Consolidated Plan SAN BERNARDINO 144 OMB Control No: 2506-0117 (exp. 06/30/2018) within in the City.       Packet Pg. 1595 Consolidated Plan SAN BERNARDINO 145 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing AP-55 Affordable Housing 91.220(g) Introduction In accordance with the Housing Needs Assessment of the Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. One Year Goals for the Number of Households to be Supported Homeless 45 Non-Homeless 200 Special-Needs 100 Total 345 Table 58 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 104 Rehab of Existing Units 241 Acquisition of Existing Units 0 Total 345 Table 59 - One Year Goals for Affordable Housing by Support Type Discussion individual to be supported and 349 units to be built or rehabilitated. The following projects detail households that will benefit as well as the number of units in the City to be constructed or rehabed. Homeownership of two (2) housing units added in Eastpointe neighborhood. Incomes will range from 50% to 80% of Area Median Income (AMI); New Infill Housing construction of four (4) for-sale single family homes, incomes will range from 50% to 80% of Area Median Income (AMI); 100 affordable rental units to be built at Seccombe Park; and Affordable rental housing rehabilitation of 239 existing units at Foothill Villas Apartments.       Packet Pg. 1596 Consolidated Plan SAN BERNARDINO 146 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-60 Public Housing 91.220(h) Introduction affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units. The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units Support and Assist Local Non-Profit Organizations. In order to develop or preserve the City's affordable stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire       Packet Pg. 1597 Consolidated Plan SAN BERNARDINO 147 OMB Control No: 2506-0117 (exp. 06/30/2018) distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion See above discussion.       Packet Pg. 1598 Consolidated Plan SAN BERNARDINO 148 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-65 Homeless and Other Special Needs Activities 91.220(i) Introduction According to the San Bernardino County 2019 Homeless PIT Count there were 883 homeless persons in the City. A total of 244 individuals were sheltered and 639 were unsheltered. To address this issue, the City will allocate approximately $295,799 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2020-2021 with Step Up On Second, with the goal of reaching 78 homeless persons through street outreach, providing social service referrals to 49 of those 78 persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an shelter with a 75-bed capacity. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every       Packet Pg. 1599 Consolidated Plan SAN BERNARDINO 149 OMB Control No: 2506-0117 (exp. 06/30/2018) community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City has partnered with Step Up on Second to provide street outreach services to homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons. -Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City will continue to support the reg - Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into -Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homel prevent persons being discharged into homelessness.       Packet Pg. 1600 Consolidated Plan SAN BERNARDINO 150 OMB Control No: 2506-0117 (exp. 06/30/2018) Discussion Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aides Project. In FY 19-20 those properties will be rehabilitated and leased to low-income persons with HIV/Aids.       Packet Pg. 1601 Consolidated Plan SAN BERNARDINO 151 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-       Packet Pg. 1602 Consolidated Plan SAN BERNARDINO 152 OMB Control No: 2506-0117 (exp. 06/30/2018) family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the       Packet Pg. 1603 Consolidated Plan SAN BERNARDINO 153 OMB Control No: 2506-0117 (exp. 06/30/2018) Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For PY 2020-2021, the City will continue to fund its Infill Housing Program and its Owner Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single family units owned by low and moderate income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.       Packet Pg. 1604 Consolidated Plan SAN BERNARDINO 154 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions 91.220(k) Introduction: Priority Needs established in the FY 2020-2025 Five-Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2020-2021 One-Year Action Plan, are as follows: High Priority Preserve and Rehabilitate Housing Expand homeownership opportunities Provide Homeless and Homeless Prevention Services Promote economic development and employment opportunities for low and moderate income persons. Micro-Enterprise Low Priority New affordable Rental Housing Improve and expand existing community facilities and infrastructure to meet current and future needs. Eliminate identified impediments to fair housing through education, enforcement, and testing. Planning and Administration CDBG, HOME, and ESG New Affordable Housing Construction or Rehabilitation Expand homeownership opportunities Infill Housing First-Time Homeownership CHDO 15% set-aside New affordable rental housing Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. seniors and lower-income households. Actions planned to foster and maintain affordable housing       Packet Pg. 1605 Consolidated Plan SAN BERNARDINO 155 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Berna -Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For PY 2020-2021, the City will support: An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate income households Micro Enterprise Program that will provide small business development training and support to income qualified clients who are wish to start their own small business. Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. The improvement of various park facilities within income-eligible areas of the City that provide recreational and support services to low- and moderate-income residents of the City. The efforts of HACSB, who provides rental assisance and conventional housing to low-income households. The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. -1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents.       Packet Pg. 1606 Consolidated Plan SAN BERNARDINO 156 OMB Control No: 2506-0117 (exp. 06/30/2018) This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of Micro Enterprise program to provide Spanish language training for persons interested in launching a promote the services available through Workforce Development. Discussion: The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.       Packet Pg. 1607 Consolidated Plan SAN BERNARDINO 157 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2020-2021 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 817,368 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 817,368 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is       Packet Pg. 1608 Consolidated Plan SAN BERNARDINO 158 OMB Control No: 2506-0117 (exp. 06/30/2018) as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: 1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. 2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. 3. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.       Packet Pg. 1609 Consolidated Plan SAN BERNARDINO 159 OMB Control No: 2506-0117 (exp. 06/30/2018) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released.       Packet Pg. 1610 Consolidated Plan SAN BERNARDINO 160 OMB Control No: 2506-0117 (exp. 06/30/2018) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Please refer to an attachment indluced in Admin (AD-26). 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and -Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their -Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered.       Packet Pg. 1611 Consolidated Plan SAN BERNARDINO 161 OMB Control No: 2506-0117 (exp. 06/30/2018) Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2020-2021 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the -609) funding process, (hereinafter policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC       Packet Pg. 1612 Consolidated Plan SAN BERNARDINO 162 OMB Control No: 2506-0117 (exp. 06/30/2018) annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine t and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons.       Packet Pg. 1613 Consolidated Plan SAN BERNARDINO 163 OMB Control No: 2506-0117 (exp. 06/30/2018) See above discussion. Attachments       Packet Pg. 1614 Consolidated Plan SAN BERNARDINO 164 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Comments       Packet Pg. 1615 Consolidated Plan SAN BERNARDINO 165 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1616 Consolidated Plan SAN BERNARDINO 166 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1617 Consolidated Plan SAN BERNARDINO 167 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1618 Consolidated Plan SAN BERNARDINO 168 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1619 Consolidated Plan SAN BERNARDINO 169 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1620 Consolidated Plan SAN BERNARDINO 170 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1621 Consolidated Plan SAN BERNARDINO 171 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1622 Consolidated Plan SAN BERNARDINO 172 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1623 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06/30/2018)       Packet Pg. 1633 Consolidated Plan SAN BERNARDINO 183 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1634 Consolidated Plan SAN BERNARDINO 184 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1635 Consolidated Plan SAN BERNARDINO 185 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1636 Consolidated Plan SAN BERNARDINO 186 OMB Control No: 2506-0117 (exp. 06/30/2018) Grantee Unique Appendices       Packet Pg. 1637 Consolidated Plan SAN BERNARDINO 187 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1638 Consolidated Plan SAN BERNARDINO 188 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1639 Consolidated Plan SAN BERNARDINO 189 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1640 Consolidated Plan SAN BERNARDINO 190 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1641 Consolidated Plan SAN BERNARDINO 191 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1642 Consolidated 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Packet Pg. 1652 Consolidated Plan SAN BERNARDINO 202 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1653 Consolidated Plan SAN BERNARDINO 203 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1654 Consolidated Plan SAN BERNARDINO 204 OMB Control No: 2506-0117 (exp. 06/30/2018) Grantee SF-424's and Certification(s)       Packet Pg. 1655 Consolidated Plan SAN BERNARDINO 205 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1656 Consolidated Plan SAN BERNARDINO 206 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1657 Consolidated Plan SAN BERNARDINO 207 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1658 Consolidated Plan SAN BERNARDINO 208 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1659 Consolidated Plan SAN BERNARDINO 209 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1660 Consolidated Plan SAN BERNARDINO 210 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1661 Consolidated Plan SAN BERNARDINO 211 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1662 Consolidated Plan SAN BERNARDINO 212 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1663 Consolidated Plan SAN BERNARDINO 213 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1664 Consolidated Plan SAN BERNARDINO 214 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1665 Consolidated Plan SAN BERNARDINO 215 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1666 Consolidated Plan SAN BERNARDINO 216 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1667 Consolidated Plan SAN BERNARDINO 217 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1668 Consolidated Plan SAN BERNARDINO 218 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1669 Consolidated Plan SAN BERNARDINO 219 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1670 Consolidated Plan SAN BERNARDINO 220 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1671 Consolidated Plan SAN BERNARDINO 221 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1672 Consolidated Plan SAN BERNARDINO 222 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1673 Consolidated Plan SAN BERNARDINO 223 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1674 Consolidated Plan SAN BERNARDINO 224 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1675 Consolidated Plan SAN BERNARDINO 225 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1676 Consolidated Plan SAN BERNARDINO 226 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1677 Consolidated Plan SAN BERNARDINO 227 OMB Control No: 2506-0117 (exp. 06/30/2018)       Packet Pg. 1678 Consolidated Plan SAN BERNARDINO 228 OMB Control No: 2506-0117 (exp. 06/30/2018) Appendixx - Alternate/Local Data Sources 1 Data Source Name County Homeless Race, HMIS 2019 List the name of the organization or individual who originated the data set. County Homeless Race, HMIS 2019 Provide a brief summary of the data set. Various population data sets were used in the Needs Assessment, Market Analysis, and Strategic plan What was the purpose for developing this data set? Using updated information is important for the ConPlan. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? The data covers the County. What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2019 What is the status of the data set (complete, in progress, or planned)? complete 2 Data Source Name Vacant Unit Data List the name of the organization or individual who originated the data set. ACS 2013-2017 Provide a brief summary of the data set. The data provided comes from 2013-2017 housing occupancy data particularly vacant housing units. What was the purpose for developing this data set? HUD did not provide any data to assist with their request of vacant and abandoned, REO and abandoned REO data. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? Citywide What time period (provide the year, and optionally month, or month and day) is covered by this data set? 2013-2017       Packet Pg. 1679 Consolidated Plan SAN BERNARDINO 229 OMB Control No: 2506-0117 (exp. 06/30/2018) What is the status of the data set (complete, in progress, or planned)? Data found is only for number of vacant units, other data HUD requests was not found. 3 Data Source Name Households with Children List the name of the organization or individual who originated the data set. The data resource is CHAS 2011-2015 Provide a brief summary of the data set. The CHAS data presents the number of households both renter and owner by AMI categories. What was the purpose for developing this data set? This table was not populated by HUD data, however was available. How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? This data is citywide. What time period (provide the year, and optionally month, or month and day) is covered by this data set? CHAS 2011-2015 What is the status of the data set (complete, in progress, or planned)? complete       Packet Pg. 1680 DRAFT FY2023-2024 ANNUAL ACTION PLAN MARCH 31, 2023 Community, Housing, and Economic Development Department       Packet Pg. 1681 Annual Action Plan 2023-2024 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino (City), specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants: • Community Development Block Grant (CDBG) • HOME Investment Partnerships Program (HOME) • Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations affordable housing, homelessness, and non- housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are: • Homelessness and homelessness issues (i.e., supportive housing) • Access to affordable housing • Street infrastructure (i.e., road maintenance and street lighting) • Joblessness/job creation Priorities Objectives/Goals       Packet Pg. 1682 Annual Action Plan 2023-2024 2 OMB Control No: 2506-0117 (exp. 09/30/2021) The following goals outlined in the Consolidated Plan and to be implemented during the FY 23-24 Annual Action Plan are listed below: 1. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 2. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. Implement a City Tenant Protection Pilot Program. 3. Expand Homeownership Opportunities: Fund construction of six (6) single family homes, city- wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 4. New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects. 5. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. Fund projects to comprehensively improve, the safety, accessibility, and quality of life in low income and the surrounding neighborhoods by completing street surface reconstruction including sidewalks, curbs, and gutters while removing Americans with Disabilities Act (ADA) barriers. Summary of some of the findings used to determine priority need: • 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households. • Approximately 23.7% live in poverty. • San Bernardino County Point-In-Time Count (PITC) data have indicated a need to support programs that serve people experiencing homelessness. The 2022 PITs count for the City is 1,350 which accounts for 40.5% of San Bernardino County’s total count. • City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. • The City utilizes CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. 3. Evaluation of past performance       Packet Pg. 1683 Annual Action Plan 2023-2024 3 OMB Control No: 2506-0117 (exp. 09/30/2021) This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five owner occupied Housing Rehabilitation projects. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 22-23, the City completed the construction on Three (3) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 22-23, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. Improve Public Facilities and Infrastructure - In FY 22-23, the City worked on the following projects which are expected to be completed by September of 2022: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG. Provide rental assistance and preserve existing affordable rental housing - In FY 22-23, 226 unit files were monitored and the City expects 167 units to be physically inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction - In FY 22-23, the fourth phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead       Packet Pg. 1684 Annual Action Plan 2023-2024 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units being constructed, a new traffic signal and bus shelter were installed. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings: • Virtual Community Workshop. • Stakeholder Interviews; and • Online Survey. The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on May 3, 2023. The draft plan was made available for public review between April 3, 023, and May 3 20, 2023, on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish). 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services Transitional housing (short-term up to 6 months 6. Summary of comments or views not accepted and the reasons for not accepting them       Packet Pg. 1685 Annual Action Plan 2023-2024 5 OMB Control No: 2506-0117 (exp. 09/30/2021) No comments or views were not accepted by the City. 7. Summary The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b)       Packet Pg. 1686 Annual Action Plan 2023-2024 6 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO Community and Economic Development Department CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: Mrs. Cassandra Searcy       Packet Pg. 1687 Annual Action Plan 2023-2024 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Deputy Director Housing & Homelessness 201 N. E Street, 3rd Floor San Bernardino, CA 92418 (909) 384-7270 searcy_ca@sbcity.org       Packet Pg. 1688 Annual Action Plan 2023-2024 8 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) • The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove. • The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. • Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. • The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness. • The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households. • The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead- based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff       Packet Pg. 1689 Annual Action Plan 2023-2024 9 OMB Control No: 2506-0117 (exp. 09/30/2021) attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office. • The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS.       Packet Pg. 1690 Annual Action Plan 2023-2024 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities       Packet Pg. 1691 Annual Action Plan 2023-2024 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 2 Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. 3 Agency/Group/Organization Lutheran Social Services of Southern California Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community       Packet Pg. 1692 Annual Action Plan 2023-2024 12 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type PHA Other government - County What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 5 Agency/Group/Organization City of San Bernardino - Housing Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Non-Homeless Special Needs Economic Development Lead-based Paint Strategy Hazard Mitigation       Packet Pg. 1693 Annual Action Plan 2023-2024 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan. Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013 - 2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element       Packet Pg. 1694 Annual Action Plan 2023-2024 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Housing Authority of the County of San Bernardino Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included. Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding.       Packet Pg. 1695 Annual Action Plan 2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2023-2024 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account.       Packet Pg. 1696 Annual Action Plan 2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low Income Persons No responses were received. No responses were received. N/A http:iecn.com/newspaper s/el-chicano/ https://www.sbsun.com       Packet Pg. 1697 Annual Action Plan 2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 2 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing No responses were received. No responses were received. N/A www.sbcity.org/housing 3 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Members of the public will attended the April 19, 2023 Public Hearing. Pending Pending Table 4 – Citizen Participation Outreach       Packet Pg. 1698 Annual Action Plan 2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly       Packet Pg. 1699 Annual Action Plan 2023 19 OMB Control No: 2506-0117 (exp. 09/30/2021) and prepare the Annual Action Plans reflective of the funding reality. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 2,942,853 0 0 2,942,853 6,400,000 Amounts represent the annual CDBG allocation based on the FY 2023-24 program year. This funding will be invested in preservation of affordable housing units, public improvement facilities, and the Section 108 Program       Packet Pg. 1700 Annual Action Plan 2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,460,936 200,000 0 1,769,520 2,900,000 Amounts represent the annual HOME allocation based on the FY 2023-24 program year. This funding will be invested in the development and/or rehabilitation of single family and/or multi-family rental housing, and Infill Housing Program (homeownership)       Packet Pg. 1701 Annual Action Plan 2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 273,557 37,512 0 315,580 560,000 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re- Housing, Rental Assistance, Homelessness Prevention (HP) and Financial Assistance. Other public - federal Admin and Planning Overnight shelter Rapid re-housing (rental assistance) Other 0 0 0 0 0       Packet Pg. 1702 Annual Action Plan 2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Other public - federal Admin and Planning Public Improvements Other 0 0 0 0 0 Other public - federal Public Improvements Rental Assistance Services Other 0 0 0 0 0 Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources • Section 8 Housing Choice Voucher Program • Federal Low-Income Housing Tax Credit Program • Tax Exempt Bond Financing • Community Investment Funds from Dignity Health       Packet Pg. 1703 Annual Action Plan 2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) State Resources • Tax Exempt bonds • State Low-Income Housing Tax Credit Program • No Place Like Home • Community Reinvestments Funds • Permanent Local Housing Allocation (PLHA) from California State Department of Housing • Veteran Housing and Homeless Prevention Program Local Resources • San Bernardino County Continuum of Care • Housing Authority of San Bernardino County (HACSB) Private Resources • Dignity Health • San Manuel Band of Mission Indians • San Bernardino Unified School District • City of San Bernardino Successor Housing Agency Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs. In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2022- 2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated       Packet Pg. 1704 Annual Action Plan 2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Performance and Evaluation Report each year.       Packet Pg. 1705 Annual Action Plan 2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single- family ownership housing.       Packet Pg. 1706 Annual Action Plan 2023 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $788,803 Jobs created/retained: 214 Jobs 2 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $77,000 Public service activities other than Low/Moderate Income Housing Benefit: 2700 Persons Assisted 3 Expand Home Ownership 2020 2025 Affordable Housing CityWide LMI Areas of the City Expand Home Ownership HOME: $755,000 Homeowner Housing Added: 3 Household Housing Unit 4 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide LMI Areas of the City New Affordable Rental Housing HOME: $857,568 Rental units constructed: 15 Household Housing Unit 5 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide Improve Facilities and Infrastructure CDBG: $1,628,207 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1500 Persons Assisted 6 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $318,580 Homelessness Prevention: 612 Persons Assisted       Packet Pg. 1707 Annual Action Plan 2023 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 7 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $ HOME: $ ESG: $ Other: 1 Other Table 6 – Goals Summary Goal Descriptions 1 Goal Name Promote Economic Development Goal Description Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. 2 Goal Name Fair Housing Goal Description Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. 3 Goal Name Expand Home Ownership Goal Description Infill Housing Project to create a total of six (6) new houses throughout San Bernardino and will also include down payment assistance for first-time homebuyers between 70%-80% AMI. 4 Goal Name New Affordable Rental Housing Goal Description Create new affordable rental units 5 Goal Name Improve Facilities and Infrastructure Goal Description       Packet Pg. 1708 Annual Action Plan 2023 28 OMB Control No: 2506-0117 (exp. 09/30/2021) 6 Goal Name Provide Homeless and Homeless Prevention Services Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted. 7 Goal Name Planning and Administration Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds.       Packet Pg. 1709 Annual Action Plan 2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration. Projects # Project Name 1 FY2023-2024 CDBG Program Administration Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs       Packet Pg. 1710 Annual Action Plan 2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information       Packet Pg. 1711 Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2023-2024 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and 8.1 percent is comprised of two or more races. See attached maps in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds CityWide 30 LMI Areas of the City 70 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2023-2024 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2023-2024 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. Discussion As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual basis, the City prioritizes the use of its CDBG funding for housing and community development activities,       Packet Pg. 1712 Annual Action Plan 2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) including preservation and conservation of affordable housing and activities that serve low- and moderate-income households. Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries.       Packet Pg. 1713 Annual Action Plan 2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value (Data Source: 2011-2015 ACS). Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase. Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units. The City’s housing market has increased over the past few years. In 2015, the median income in the City       Packet Pg. 1714 Annual Action Plan 2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened. Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month. One Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 349 Special-Needs 0 Total 949 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 600 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 349 non-homeless households to be supported. New Infill Housing construction of three (6) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)). Below is a continuation of the introduction discussion above. Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are       Packet Pg. 1715 Annual Action Plan 2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in order to extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower- income households.       Packet Pg. 1716 Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership       Packet Pg. 1717 Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) program for residents of public housing. As for homeownership opportunities, the City has initiated an 750 Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion There is no discussion relative to the designation of the county PHA.       Packet Pg. 1718 Annual Action Plan 2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter. The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with       Packet Pg. 1719 Annual Action Plan 2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional,       Packet Pg. 1720 Annual Action Plan 2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Discussion       Packet Pg. 1721 Annual Action Plan 2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the       Packet Pg. 1722 Annual Action Plan 2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on- site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan.       Packet Pg. 1723 Annual Action Plan 2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2023-2024, the City will continue to fund its Infill Housing Program and the Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households.       Packet Pg. 1724 Annual Action Plan 2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows: High Priority • Preserve and Rehabilitate Housing • Expand Homeownership Opportunities • Provide Homeless and Homeless Prevention Services Low Priority • New Affordable Rental Housing • Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs • Eliminate identified impediments to fair housing through education, enforcement, and testing • Planning and Administration – CDBG, HOME, ESG • New Affordable Housing Construction or Rehabilitation • Expand Homeownership opportunities – Infill Housing • First-Time Homeownership – CHDO 15% set-aside Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applied for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. In 2021 the City received approximately $1.6 million in PLHA funds, and expects to receive approximately $7.8 million over the next four years. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-       Packet Pg. 1725 Annual Action Plan 2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For FY 2023-2024, the City will support: • An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households • Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. • The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. • The efforts of HACSB, who provides rental assistance and conventional housing to low-income households. • The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. • The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. • A Tenant Protection Pilot Program to assist City residents to prevent homelessness and avoid displacement. The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery       Packet Pg. 1726 Annual Action Plan 2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the FY 2023-2024 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies.       Packet Pg. 1727 Annual Action Plan 2023 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as       Packet Pg. 1728 Annual Action Plan 2023 48 OMB Control No: 2506-0117 (exp. 09/30/2021) follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: (a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. (c) In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership       Packet Pg. 1729 Annual Action Plan 2023 49 OMB Control No: 2506-0117 (exp. 09/30/2021) limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new       Packet Pg. 1730 Annual Action Plan 2023 50 OMB Control No: 2506-0117 (exp. 09/30/2021) NOFAs and RPS are released. Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26). 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal       Packet Pg. 1731 Annual Action Plan 2023 51 OMB Control No: 2506-0117 (exp. 09/30/2021) program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2023-2024 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes       Packet Pg. 1732 Annual Action Plan 2023 52 OMB Control No: 2506-0117 (exp. 09/30/2021) outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless people.       Packet Pg. 1733 Annual Action Plan 2023 53 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments       Packet Pg. 1734 Annual Action Plan 2023 54 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Comments       Packet Pg. 1735 Annual Action Plan 2023 55 OMB Control No: 2506-0117 (exp. 09/30/2021) Grantee SF-424's and Certification(s)       Packet Pg. 1736 PUBLIC HEARING City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Charles E. McNeely, Interim City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Community Facilities District No. 2018-2 (Verdemont Ranch) 2023 Special Tax Bonds Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-062, 1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds; 2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; 3. Making certain determinations relating thereto; and 4. Authorizing certain other actions in connect therewith. Background The City Council formed the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California” (“CFD No. 2018-2”) on September 19, 2018, under the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”), which authorizes community facilities districts (“CFDs”) to levy special taxes (the “Special Taxes”) to pay for the costs of certain public facilities, including the construction, purchase, modification, expansion, rehabilitation and/or improvement of drainage, water, sewer, library, park, roadway and roadway improvements, aquatic facilities, and other public facilities of the City (the       Packet Pg. 1737 “Facilities”), and to issue bonds payable from the Special Taxes. In 2018, the City Council authorized the sale of up to $5 million in bonds. In accordance with that authorization, CFD No. 2018-2 now intends to issue its 2023 Special Tax Bonds (the “Series 2023 Bonds”) in the approximate amount of $2,855,000, secured by the Special Taxes levied on 30.66 gross acres, which upon build out will consist of 74 single family homes within the boundaries of CFD No. 2018- 2. The proposed City Council action approves the sale and issuance of up to $3.5 million in CFD No. 2018-2 Special Tax Bonds and approves forms of related documents including the Preliminary Official Statement, Fiscal Agent Agreement, Security Agreement, Funding Agreement, Bond Purchase Agreement, and other related documents. The bond sale is proposed for the week of May 8, 2023, and a bond closing at the end of May. The Series 2023 Bonds will be sold by the City to finance the Facilities, including the City’s current community center mobile unit in the Verdemont area. The Series 2023 Bonds will be repaid over a term of 30 years. In addition to bond debt service, Special Taxes will be levied to pay for annual administration of the Series 2023 Bonds by CFD No. 2018-2. SB17329, LLC (“SB”), acquired the property in Tract No. 17329-1 and Verdemont Ranch LLC (“VR”), acquired the property in Tract Nos. 17329-2 and 17329-3 in 2013. As of the February 21, 2023 date of value (the “Date of Value”) of the Appraisal Report, 28 of the 74 planned single family residential homes had been completed and conveyed to individual homeowners. Of the remaining 46 residential lots, 15 lots were over 95% completed, including 3 model homes (not released for sale) and 12 production homes (8 of which are in escrow). There are an additional 13 lots under construction (5 of which are in escrow) and 18 remaining finished lots (none of which are in escrow or under construction). As of April 15, 2023, 31 homes have been completed and conveyed to individual homeowners. By the end of April is it expected that 9 additional homes will have been closed. Homes under contract may not result in closed escrows as sales contracts are subject to cancelation by the homebuyers. CFD 2018-2 contains approximately 30.66 gross acres or approximately 20.54 developed acres, located in the City, north of the Meyers Road and Magnolia Avenue Intersection. The District encompasses Tract Map Nos. 17329-1, 17329-2, and 17329- 3 (the “Property”) and is planned for 74 single family residential homes at build-out in a neighborhood being marketed as “Verdemont Ranch” (the “Project”). Discussion For CFD No. 2018-2, it is proposed that bonds be sold to generate approximately $2.9 million in bond proceeds, depending on bond market conditions at time of sale. The bond sale is expected to occur the week of May 8, 2023, with a closing by the end of May 2023. Bond proceeds will be used to fund reimbursements for public improvements and public facilities fees paid by the Developer, fund a reserve fund, and fund costs of bond issuance, including a fee to cover City staff time spent towards issuing the Series 2023 Bonds. The term of the Series 2023 Bonds will be 30 years. The bond true interest rate, depending on bond market condition at time of sale, is       Packet Pg. 1738 expected to be approximately 4.9%. The Series 2023 Bonds will be sold by CFD No. 2018-2 through a negotiated sale. Hilltop Securities is the proposed bond underwriter procured by the City. The Series 2023 Bonds will be non-rated as development related CFD bonds like the Series 2023 Bonds do not qualify for investment grade bond ratings from Standard and Poor’s, Moody’s or any major bond rating agencies even though sufficient CFD special taxes can now be levied against developed property to cover annual debt service. In February of 2023, the City retained Kitty Siino & Associates, Inc., a qualified appraiser of CFD projects, which has valued the property subject to the CFD No. 2018- 2 Special Taxes. The appraised value of the properties in CFD No. 2018-2 totals $34,014,596 and will in aggregate exceed the amount of Series 2023 Bonds issued by a factor of 11.92 (the appraised value exceeds the amount of the bonds by 11.92 times). This is known as the value to lien ratio. Annual special taxes are expected range between $2,671 and $3,009 per home depending on home size. Current base pricing have ranged from $745,900 to $819,900. In accordance with the Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino, the total tax burden on the homes will be under 2% of assessed value. Property values become significant in the event a property owner fails to pay special taxes and it becomes necessary to initiate foreclosure proceedings in order to obtain payment of special taxes to pay bond debt service. In the Fiscal Agent Agreement, the City has covenanted to initiate property foreclosure proceedings in the event of a failure to pay the special taxes by the following October 1st of each year. This covenant is required in order for investors to buy the bonds. The Special Tax lien is co-equal in priority to general property taxes and is senior to any mortgages. Property owners can prepay their respective share of CFD No. 2018-2 Special Taxes on any interest payment date. The Series 2023 Bonds will also be subject to early redemption for refinancing or special tax prepayment. The Series 2023 Bonds will have a maximum allowable funded bond reserve fund equal to maximum annual bond debt service to help cover delinquencies. The CFD law allows the City to raise CFD taxes on each home by up to 10% to cover delinquencies. Buyers of homes in CFD No. 2018-2 have, and will, receive detailed disclosure notices related to CFD No. 2018-2 regarding the terms of the special taxes levied on their homes and its impact on their property tax bill. The Developer has agreed to make a cash deposit into a special tax fund designated to cover debt service shortfalls associated with Special Taxes levied on properties expected to be owned by the Developer at the time the Series 2023 Bonds are issued. The deposit amount will total $133,797.00 and is sized to be sufficient to cover the Special Taxes for fiscal years 2023-24 and 2024-25. The funds will be released back to the Developer once a total of 65 homes close escrow. The Developer estimates that this will occur by October 2023. The City will be required to annually calculate the special taxes necessary to pay bond       Packet Pg. 1739 debt service and pay annual administrative costs. The City CFD Administrator, Spicer Consulting Group LLC, will place the Special Tax amounts on the County property tax roll annually. Once the City collects the taxes, the funds will be sent to the U.S. Bank Trust Company, National Association, the fiscal agent (“Fiscal Agent’), to make interest and principal payments on the bonds. The City together with the Fiscal Agent will also manage the bond reserve fund to apply any investment earnings to the related bond debt service. If there are property owners who are delinquent in their payment, as referenced above, the City will be required to initiate foreclosure actions. The City CFD Administrator will monitor and take any required actions. Any costs associated with administering the CFD No. 2018-2 will come from the Administrative Expense Fund funded by the Special Taxes set up for such purposes under the Fiscal Agent Agreement. CFD No. 2018-2 bond and disclosure counsel, Best Best & Krieger (who also serves as City Attorney), has prepared a Preliminary Official Statement to be approved by the City and provided to investors. A substantially final draft is attached as part of this Staff Report together with the Fiscal Agent Agreement, Bond Purchase Contract, and other legal documents related to the sale and issuance of the Bonds. The Preliminary Official Statement will disclose information about the CFD No. 2018-2 and will describe the risks associated with the bonds to investors. The final Official Statement will be available after the bond sale and will be delivered to investors. Neither the City nor CFD No. 2018-2 has any obligation to pay debt service on the bonds in the event of default or non-payment of CFD No. 2018-2 Special Taxes by property owners. 2021-2025 Strategic Targets and Goals The issuance of Series 2023 Bonds will meet Key Target No.1: Improved Operational and Financial Capacity by securing a long-term revenue source, and No. 3.d. Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long- term economic growth. Fiscal Impact There is no direct fiscal impact to the City and CFD No. 2018-2 as any bonds issued by CFD No. 2018-2 are not obligations of the City and will be secured solely by the Special Taxes levied in CFD No. 2018-2. All staff costs associated with administering CFD No. 2018-2 will come from the CFD No. 2018-2 funds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-062, 1. Authorizing the issuance of, not to exceed $3,500,000 aggregate principal account of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds;       Packet Pg. 1740 2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, a form of Security Agreement, a form of Funding Agreement and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; 3. Making certain determinations relating thereto; and 4. Authorizing certain other actions in connect therewith. Attachments Attachment 1 – Resolution No. 2023-062 Attachment 2 – Fiscal Agent Agreement Attachment 3 – Funding Agreement Attachment 4 – Security Agreement Attachment 5 – Preliminary Official Statement Attachment 6 – Bond Purchase Agreement Ward: Fifth Ward Synopsis of Previous Council Actions: September 19, 2018 Mayor and City Council 1. Adopted Resolution No. 2018-266 establishing Community Facilities District No. 2018-2 (Verdemont Ranch) (CFD 2018-2) of the City of San Bernardino, authorizing the levy of a special tax to pay the cost of acquiring or constructing certain facilities, and to pay debt service on bonded indebtedness within the proposed CFD No. 2018-2 of the City of San Bernardino; 2. Adopted Resolution No. 2018-267 determining the necessity to incur bonded indebtedness in an amount not to exceed $5,000,000 within the proposed CFD No. 2018-2 of the City of San Bernardino; 3. Adopted Resolution No. 2018-268 acting as the legislative body of CFD 2018-2 of the City of San Bernardino certifying election results; 4. Introduced Ordinance No. MC-1507 acting in its capacity as the legislative body of CFD 2018-2 of the City of San Bernardino authorizing the levy of special taxes; and 5. Approved payment to Spicer Consulting Group in the amount of $20,000 and to Stradling Yocca Carlson Rauth       Packet Pg. 1741 in an amount not to exceed $20,000 for services related to the formation of CFO 2018-2 of the City of San Bernardino. August 15, 2018 Mayor and City Council 1. Introduced Ordinance No. MC-1507 acting in its capacity as the legislative body of CFD 2018-2 of the City of San Bernardino authorizing the levy of special taxes; and 2. Approved payment to Spicer Consulting Group in the amount of $20,000 and to Stradling Yocca Carlson Rauth in an amount not to exceed $20,000 for services related to the formation of CFD 2018-2 of the City of San Bernardino.       Packet Pg. 1742 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 1 of 10 2 5 5 8 RESOLUTION NO. 2023-062 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESIGNATED 2023 SPECIAL TAX BONDS, APPOINTING FISCAL AGENT, APPROVING FISCAL AGENT AGREEMENT AND PURCHASE CONTRACT AND AUTHORIZING NEGOTIATION OF TERMS OF THE SALE OF SAID BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING PREPARATION OF FINAL OFFICIAL STATEMENT, APPROVING CONTINUING DISCLOSURE CERTIFICATE, FUNDING AGREEMENT AND SECURITY AGREEMENT WHEREAS, Community Facilities District 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”) was established on September 19, 2023, by adoption by the City Council (the “City Council”) of the City of San Bernardino (the “City”) of Resolution No. 2018-266; and WHEREAS, on September 19, 2023, the City Council also adopted Resolution No. 2018- 267 determining the necessity for the District to incur bonded indebtedness in an aggregate principal amount not to exceed $5,000,000; and WHEREAS, on September 19, 2023, consolidated special elections were held within the District and there was submitted to the qualified voters of the District, among other propositions, the proposition of whether a bonded indebtedness in an aggregate principal amount not to exceed $5,000,000 should be incurred by and for the District for the purpose of financing certain public facilities for the benefit of the District (the “Facilities”), and more than two-thirds of the votes cast in said consolidated special elections were cast in favor of incurring such bonded indebtedness, and the District was thereby authorized to issue bonds in an aggregate principal amount not to exceed $5,000,000 for the purposes set forth in said proposition; and WHEREAS, the City Council has determined that it is necessary that bonds of the District designated “Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds” be issued in an aggregate principal amount, which shall not exceed $3,500,000 (the “Bonds”) to finance all or a portion of the costs of the acquisition, design or construction of the Facilities; and WHEREAS, payment of the principal of and interest on the Bonds will be secured by special taxes to be levied on parcels of taxable property in the District (the “Special Taxes”); and       Packet Pg. 1743 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 2 of 10 2 5 5 8 WHEREAS, pursuant to Section 53345.8 of the California Government Code, the City Council, as the legislative body of the District, may sell bonds of the District only if it determines prior to the sale of such bonds that the value of the real property that would be subject to the Special Tax to pay debt service on the bonds will be at least three (3) times the principal amount of the bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311, et seq., of the California Government Code) on property within the District or a special assessment levied on property within the District; and WHEREAS, the appraised value of the taxable property within the District, based upon the appraisal prepared by Kitty Siino & Associates, Inc. (the “Appraiser”), and as set forth in the report of the Appraiser dated April 5, 2023 (the “Appraisal”), is $34,014,596, as of February 21, 2023 date of value; and WHEREAS, if the Bonds are issued and sold in an aggregate principal amount that does not exceed $3,500,000, the appraised value of the taxable property in the District, as set forth in the Appraisal, will be more than three (3) times such principal amount of the Bonds, and there are no other special tax or assessment bonds of the District; and WHEREAS, there has been presented to the City Council a form of Purchase Contract (the “Purchase Contract”) whereby Hilltop Securities, Inc. (the “Underwriter”) has offered to purchase the Bonds from the City, and a form of Preliminary Official Statement relating to the Bonds; and WHEREAS, there has also been presented to the City Council a form of Fiscal Agent Agreement (the “Fiscal Agent Agreement”) with respect to the Bonds to be executed and delivered by the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), whereby the Fiscal Agent will authenticate and deliver the Bonds and perform certain other duties; and WHEREAS, there has also been presented to the City Council a form of Continuing Disclosure Certificate to be executed and delivered by the City, for the benefit of the owners of the Bonds and in order to assist the Underwriter in complying with Rule 15c2-12(b)(5) of the Securities and Exchange Commission, as amended (the “Rule”); and WHEREAS, there has also been presented to the City Council a form of Funding Agreement (“Funding Agreement”) and Security Agreement (“Security Agreement”) to be executed and delivered by and among the City and the property owners, SB17329, LLC and Verdemont Ranch LLC; and WHEREAS, the City Council has considered the forms of the Fiscal Agent Agreement, the Continuing Disclosure Certificate, the Purchase Contract, the Preliminary Official Statement, the Funding Agreement, and the Security Agreement and has determined that it is in the best interest of the owners of property in and the future residents of the District that the City Council authorize the issuance and sale of the Bonds and the execution and delivery of said agreements and approve and authorize the distribution of the Preliminary Official Statement subject to the conditions hereinafter contained; and       Packet Pg. 1744 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 3 of 10 2 5 5 8 WHEREAS, Section 5852.1 of the Government Code of the State of California (“Section 5852.1”) provides that the City Council obtain from an underwriter, financial advisor or private lender and disclose, in a meeting open to the public, prior to authorization of the issuance of the Bonds, good faith estimates of: (a) the true interest cost of the Bonds, (b) the finance charge of the Bonds, meaning the sum of all fees and charges paid to third parties, (c) the amount of proceeds of the Bonds received less the finance charge described above and any reserves or capitalized interest paid or funded with proceeds of the Bonds and (d) the sum total of all debt service payments on the Bonds calculated to the final maturity of the Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Bonds; and WHEREAS, in accordance with Section 5852.1, the City Council has obtained such good faith estimates from Columbia Capital Management, LLC, the City’s municipal advisor (the “Municipal Advisor”), and such estimates are disclosed in Exhibit A attached hereto; and WHEREAS, the City Council wishes at this time to authorize all proceedings relating to the issuance and sale of the Bonds and all other agreements and documents relating thereto. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds (a) that the preceding recitals are true and correct, (b) that the sale of the Bonds at private sale, without advertising for bids, will result in a lower overall cost to the District, and (c) that if the Bonds are issued and sold in an aggregate principal amount that does not exceed $3,500,000, the value of the parcels of real property within the District, which will be subject to the levy of the Special Taxes to pay the principal of and interest on the Bonds, based on the appraised value of such parcels as determined by the Appraiser and as set forth in the Appraisal, i.e., $34,014,596, will be more than three (3) times the principal amount of such Bonds and all other outstanding bonds that are secured by special taxes that are to be levied on such parcels or special assessments that have been levied on such parcels. SECTION 2. Authorization of the Issuance of the Bonds. The City Council authorizes the issuance and sale of the Bonds in an aggregate principal amount which shall not exceed $3,500,000. The Mayor, the Mayor Pro Tem, the Interim City Manager and the Finance Director (each an “Authorized Representative”) are each authorized and directed to take all steps and actions which are necessary to accomplish the issuance, sale and delivery of the Bonds pursuant to the authorization given by and the conditions specified in this resolution. The Mayor and the City Clerk of the City are authorized to execute the Bonds for and on behalf of the City and the District by their manual or facsimile signatures. The Bonds shall be dated as of their date of delivery pursuant to the Purchase Contract. SECTION 3. Approval of Fiscal Agent Agreement. The form of Fiscal Agent Agreement which provides generally for (i) the authentication and delivery by the Fiscal Agent of the Bonds, (ii) the establishment and administration by the Fiscal Agent of certain funds and accounts for the benefit of the City and the owners of the Bonds, (iii) the payment by the Fiscal Agent of the principal of and interest on the Bonds from the Special Tax Revenues (as defined therein), and (iv) the performance of other duties by the Fiscal Agent, is approved in the form provided to the City Council at the meeting at which this resolution is adopted, and the Authorized Representatives are       Packet Pg. 1745 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 4 of 10 2 5 5 8 each individually authorized to execute and deliver, on behalf of the City, such Fiscal Agent Agreement with respect to the Bonds. SECTION 4. Approval of Preliminary Official Statement; Preparation of Final Official Statement. The Preliminary Official Statement is approved, and the Authorized Representatives are each individually authorized to consent to and assist in the preparation of such modifications thereto as may be specified by Best Best & Krieger LLP, bond counsel and disclosure counsel to the City (“Bond Counsel”), and the Municipal Advisor. The Authorized Representatives are each individually authorized to determine, with the assistance of Bond Counsel and the Municipal Advisor when the Preliminary Official Statement is to be deemed final within the meaning of the Rule and to deliver a certificate to that effect to the Underwriter. The Underwriter is authorized to distribute the Preliminary Official Statement as approved hereby, or as modified with the consent of the Interim City Manager or the Finance Director, or to prospective purchasers of the Bonds. The Authorized Representatives and the Municipal Advisor are each authorized to participate in the preparation of the Final Official Statement, based on the Preliminary Official Statement, and such modifications thereto as may be agreed to by Bond Counsel, the Municipal Advisor and the Underwriter. The Authorized Representatives are each authorized to sign the Final Official Statement on behalf of the City and the District. SECTION 5. Appointment of Professionals. The City Council hereby authorizes and approves the following professionals to provide services in connection with the issuance of the Bonds and authorizes the Director of Administrative Services to enter into engagement agreements thereto: (a) Fiscal Agent. U.S. Bank Trust Company, National Association is appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement and to take any and all action provided therein to be taken by the Fiscal Agent; (b) Municipal Advisor. Columbia Capital Management, LLC is hereby appointed to provide municipal advisory services; (c) Bond Counsel and Disclosure Counsel. Best Best & Krieger LLP is hereby appointed as bond and disclosure counsel in connection with the issuance of the Bonds; and (d) Special Tax Consultant. Spicer Consulting Group, LLC is hereby appointed as Special Tax Consultant in connection with the issuance of the Bonds. SECTION 6. Sale of Bonds; Purchase Contract. The City Council approves and authorizes the issuance and sale of the Bonds by negotiation with the Underwriter pursuant to the Purchase Contract between the City and the Underwriter in the form presented to the City Council at the meeting at which this resolution is adopted, together with any changes therein or additions thereto which are deemed advisable by the Authorized Representatives upon consultation with Bond Counsel and the Municipal Advisor. The Authorized Representatives are each authorized and directed to execute and deliver the final form of the Purchase Contract on behalf of the City and the District upon the submission of an offer by the Underwriter to purchase the Bonds, which offer is acceptable to the Interim City Manager and is consistent with the requirements of this resolution; provided that the true interest cost on the Bonds shall not exceed six and one half       Packet Pg. 1746 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 5 of 10 2 5 5 8 percent (6.5%) the Underwriter’s discount for the purchase of the Bonds shall not be greater than one and one half percent (1.5%) (exclusive of original issue discount) of the aggregate principal amount of the Bonds; and the last maturity of the Bonds shall be paid and redeemed no later than September 1, 2053. When the Interim City Manager has negotiated the Purchase Contract with the Underwriter within the parameters specified above and when the other terms and conditions of the Purchase Contract are satisfactory to the Interim City Manager or the Finance Director or Deputy Finance Director and Bond Counsel, the Interim City Manager or the Finance Director or Deputy Finance Director is authorized to execute and deliver the Purchase Contract to the Underwriter on behalf of the City and the District. SECTION 7. Funding Agreement and Security Agreement. The City Council approves the form of the Funding Agreement and Security Agreement and the Authorized Representatives are each authorized and directed to execute and deliver the final form of the Funding Agreement and Security Agreement on behalf of the City and the District. SECTION 8. Accountability Measures. Pursuant to Section 53410 of the California Government Code, the issuance of and sale of the Bonds is subject to the following accountability measures: (a) The proceeds of the Bonds shall be applied only for the specific purposes identified in the propositions regarding the authorization of the District incurring bonded indebtedness which the qualified electors of the District approved in the election held on August 15, 2018; (b) Except as otherwise provided in the Fiscal Agent Agreement, the proceeds of the sale of the Bonds shall be deposited in the funds and accounts established pursuant to the Fiscal Agent Agreement and the proceeds deposited in each such fund or account shall be expended as provided in the Fiscal Agent Agreement with respect to each such fund or account; and (c) The Finance Director or Deputy Finance Director shall file a report with the City Council at least once in each calendar year, beginning in 2023, which shall contain the information required by Section 53411 of the California Government Code with respect to the expenditure of the proceeds of the sale of the Bonds and the status of the construction and acquisition of the public facilities comprising the Project (as defined in the Fiscal Agent Agreement). SECTION 9. Findings Regarding the Levy and Rates of Special Taxes. The City Council finds that the City will covenant in the Fiscal Agent Agreement, for the benefit of the owners of the Bonds, that it will not initiate proceedings under the Mello-Roos Community Facilities Act of 1982 to reduce the Maximum Special Tax rates on then existing Developed Property (as defined in the Fiscal Agent Agreement) in the District below the amounts which are necessary to provide Special Tax Revenues in an amount equal to estimated Administrative Expenses for the then current Fiscal Year plus an amount equal to one hundred ten percent (110%) of Maximum Annual Debt Service on the Outstanding Bonds. The City Council further finds and determines that any reduction or limitation of the Special Tax rates below the Maximum Rates would interfere with the timely retirement of the Bonds.       Packet Pg. 1747 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 6 of 10 2 5 5 8 SECTION 10. Approval of Continuing Disclosure Certificate. The Continuing Disclosure Certificate is approved in the form submitted to the City Council at the meeting at which this resolution is adopted, and the Interim City Manager or the Finance Director or Deputy Finance Director is authorized to execute and deliver said certificate on behalf of the City. SECTION 11. Modifications. The approval of the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Purchase Contract given by this resolution shall apply to any modification or amendment of any of said agreements which is agreed upon and approved by Bond Counsel, the Municipal Advisor and the Interim City Manager or the Finance Director or Deputy Finance Director as being necessary to carry out the provisions thereof and the authorization and direction provided in this resolution. SECTION 12. Further Action. The Authorized Representatives are authorized to take any and all action which is directed by Bond Counsel with respect to the execution and delivery of the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Purchase Contract and the issuance, sale and delivery of the Bonds, which in the opinion of Bond Counsel is necessary in order for the authorization and direction provided in this resolution to be carried out. SECTION 13. Conditions of Approval. The approvals, authorization and direction given by this resolution are conditioned upon the satisfaction of the requirements of Section 6 hereof with respect to the issuance and sale of the Bonds. The officers of the City designated above shall not take any action with respect to the execution and delivery of the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Purchase Contract or the issuance, sale and delivery of the Bonds unless and until such conditions are satisfied; provided, however, that upon satisfaction of such conditions, this resolution shall be fully effective and shall be carried out by such officers without further approval or action of the City Council. The approvals, authorization and direction provided by this resolution shall continue, subject to the satisfaction of such conditions, until December 31, 2022, and the Bonds may be sold, and the Bonds, the Fiscal Agent Agreement, the Continuing Disclosure Certificate, the Purchase Contract, the Preliminary Official Statement and the Final Official Statement may be dated, entered into, executed and delivered or distributed, as appropriate, on any date selected by the Authorized Representatives and the Municipal Advisor and the Underwriter prior to said date. SECTION 14. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 15. Electronic and Digital Signatures. The City Council hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the California Government Code using DocuSign. SECTION 16. Effective Date. This Resolution shall become effective immediately.       Packet Pg. 1748 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 7 of 10 2 5 5 8 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 3rd day of May, 2023. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney       Packet Pg. 1749 Resolution No. 2023-___ Resolution No. 2023-062 May 3, 2023 Page 8 of 10 2 5 5 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-062, adopted at a regular meeting held on the 3rd day of May, 2023 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ ______ ______ _______ _______ IBARRA ______ ______ _______ _______ FIGUEROA ______ ______ _______ _______ SHORETT ______ ______ _______ _______ REYNOSO ______ ______ _______ _______ CALVIN ______ ______ _______ _______ ALEXANDER ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 4th day of May 2023. _____________________________ Genoveva Rocha, CMC, City Clerk       Packet Pg. 1750 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 9 of 10 2 5 5 8 EXHIBIT A GOOD FAITH ESTIMATES The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Municipal Advisor in consultation with the Underwriter. Principal Amount. The Municipal Advisor has informed the City that, based on the financing plan and current market conditions, it’s good faith estimate of the aggregate principal amount of the Bonds to be sold is $2,855,000 (the “Estimated Principal Amount”), which excludes approximately $68,364.75 of net premium estimated to be generated based on current market conditions. Net premium is generated when, on a net aggregate basis for a single issuance of bonds, the price paid for such bonds is higher than the face value of the bonds. True Interest Cost of the Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Bonds, is 4.895%. Finance Charge of the Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Bonds), is $256,405.00. Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City, on behalf of the District, for the sale of the Bonds, less the finance charge of the Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bonds, is $2,446,459.75. Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the District will make to pay debt service on the Bonds, plus the finance charge for the Bonds, as described above, not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $5,808,842.36 (excluding any offsets from reserves or capitalized interest). The foregoing estimates constitute good faith estimates only. The actual principal amount of the Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Bonds being different than       Packet Pg. 1751 Resolution No. 2023-062 Resolution No. 2023-062 May 3, 2023 Page 10 of 10 2 5 5 8 the date assumed for purposes of such estimates, (b) the actual principal amount of Bonds sold being different from the Estimated Principal Amount, (c) the actual amortization of the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the financing plan or finance charges, or a combination of such factors. The actual date of sale of the Bonds and the actual principal amount of Bonds sold will be determined by the City, on behalf of the District, based on the timing of the need for proceeds of the Bonds and other factors. The actual interest rates borne by the Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the City.       Packet Pg. 1752 55600.00927\41014639.3 ___________________________________________________________________________ FISCAL AGENT AGREEMENT by and between THE CITY OF SAN BERNARDINO and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION as Fiscal Agent Dated as of __________ 1, 2023 Relating to Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino State of California $___________ 2023 Special Tax Bonds ___________________________________________________________________________       Packet Pg. 1753 55600.00927\41014639.3 TABLE OF CONTENTS Page i ARTICLE I AUTHORITY AND DEFINITIONS...................................................................2 Section 1.01. Authority for this Agreement........................................................................2 Section 1.02. Agreement for Benefit of Owners ................................................................2 Section 1.03. Definitions ....................................................................................................2 ARTICLE II THE BONDS......................................................................................................13 Section 2.01. Principal Amount; Designation ..................................................................13 Section 2.02. Terms of Bonds...........................................................................................13 Section 2.03. Redemption.................................................................................................14 Section 2.04. Form of Bonds............................................................................................17 Section 2.05. Execution of Bonds.....................................................................................17 Section 2.06. Transfer of Bonds.......................................................................................17 Section 2.07. Exchange of Bonds.....................................................................................18 Section 2.08. Bond Register .............................................................................................18 Section 2.09. Temporary Bonds .......................................................................................18 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen ..............................................19 Section 2.11. Special Obligation ......................................................................................19 Section 2.12. Book-Entry .................................................................................................19 Section 2.13. Parity Bonds................................................................................................21 ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS; IMPROVEMENT FUND; SPECIAL TAX FUND; ADMINISTRATIVE EXPENSE FUND; COSTS OF ISSUANCE FUND .........................................21 Section 3.01. Issuance and Delivery of Bonds.................................................................21 Section 3.02. Application of Proceeds of Sale of Bonds..................................................21 Section 3.03. Improvement Fund......................................................................................21 Section 3.04. Special Tax Fund........................................................................................22 Section 3.05. Administrative Expense Fund.....................................................................23 Section 3.06. Costs of Issuance Fund...............................................................................24 ARTICLE IV SPECIAL TAX REVENUES; BOND FUND; RESERVE FUND ...................24 Section 4.01. Pledge of Special Tax Revenues.................................................................24 Section 4.02. Bond Fund. .................................................................................................25 Section 4.03. Reserve Fund..............................................................................................27 ARTICLE V OTHER COVENANTS OF THE CITY............................................................28 Section 5.01. Punctual Payment .......................................................................................28 Section 5.02. Special Obligation ......................................................................................29 Section 5.03. Extension of Time for Payment..................................................................29 Section 5.04. Against Encumbrances ...............................................................................29 Section 5.05. Books and Accounts...................................................................................29 Section 5.06. Protection of Security and Rights of Owners.............................................29 Section 5.07. Collection of Special Tax Revenues...........................................................29       Packet Pg. 1754 55600.00927\41014639.3 TABLE OF CONTENTS (continued) Page ii Section 5.08. Levy of Special Taxes for Administrative Expenses..................................30 Section 5.09. Further Assurances .....................................................................................31 Section 5.10. Tax Covenants............................................................................................31 Section 5.11. Covenant to Foreclose ................................................................................31 Section 5.12. Prepayment of Special Taxes......................................................................32 Section 5.13. Calculation of Prepayments........................................................................32 Section 5.14. Continuing Disclosure................................................................................32 Section 5.15. Accountability Measures............................................................................32 ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE CITY...............................................................................32 Section 6.01. Deposit and Investment of Moneys in Funds.............................................32 Section 6.02. Rebate Fund; Rebate to the United States ..................................................33 Section 6.03. Liability of City ..........................................................................................34 Section 6.04. Employment of Agents by City..................................................................35 ARTICLE VII THE FISCAL AGENT.......................................................................................35 Section 7.01. Appointment of Fiscal Agent......................................................................35 Section 7.02. Liability of Fiscal Agent.............................................................................36 Section 7.03. Information.................................................................................................38 Section 7.04. Notice to Fiscal Agent................................................................................38 Section 7.05. Compensation, Indemnification..................................................................38 Section 7.06. Books and Accounts...................................................................................38 ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT ...................39 Section 8.01. Amendments Permitted. .............................................................................39 Section 8.02. Owners’ Meetings.......................................................................................40 Section 8.03. Procedure for Amendment with Written Consent of Owners ....................40 Section 8.04. Disqualified Bonds .....................................................................................41 Section 8.05. Effect of Supplemental Agreement ............................................................41 Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments ..........41 Section 8.07. Amendatory Endorsement of Bonds...........................................................41 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES.....................................................41 Section 9.01. Events of Default........................................................................................41 Section 9.02. Remedies of Owners...................................................................................42 Section 9.03. Application of Special Taxes and Other Funds After Default....................42 Section 9.04. Restoration of Positions..............................................................................43 Section 9.05. Rights and Remedies Cumulative...............................................................43 Section 9.06. Delay or Omission Not Waiver ..................................................................43 ARTICLE X MISCELLANEOUS...........................................................................................43 Section 10.01. Benefits of Agreement Limited to Parties................................................43       Packet Pg. 1755 55600.00927\41014639.3 TABLE OF CONTENTS (continued) Page iii Section 10.02. Successor is Deemed Included in All References to Predecessor............43 Section 10.03. Discharge of Agreement...........................................................................43 Section 10.04. Execution of Documents and Proof of Ownership by Owners.................44 Section 10.05. Waiver of Personal Liability.....................................................................45 Section 10.06. Notices to and Demands on City and Fiscal Agent..................................45 Section 10.07. Partial Invalidity .......................................................................................45 Section 10.08. Unclaimed Moneys...................................................................................45 Section 10.09. Applicable Law.........................................................................................46 Section 10.10. Conflict with Act ......................................................................................46 Section 10.11. Conclusive Evidence of Regularity..........................................................46 Section 10.12. Payment on Business Day ........................................................................46 Section 10.13. Counterparts..............................................................................................46 EXHIBIT A – FORM OF BOND ..............................................................................................A-1       Packet Pg. 1756 55600.00927\41014639.3 1 FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (the “Agreement”) is made and entered into as of __________ 1, 2023, by and between the City of San Bernardino, a charter city duly established under its charter and the laws of the State of California (the “City”), for and on behalf of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and U.S. Bank Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America, as fiscal agent (the “Fiscal Agent”). W I T N E S S E T H: WHEREAS, the City Council of the City (the “City Council”) has established the District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”); and WHEREAS, the District is authorized to incur bonded indebtedness and issue bonds in the aggregate principal amount of $5,000,000 for the purpose of financing the construction and acquisition of certain public facilities and the City Council has determined that it is necessary that bonds of the District be issued and sold in the aggregate principal amount of $___________ for the purpose of financing the construction and acquisition of the public facilities which are hereinafter identified as the Project; and WHEREAS, on __________, 2023, the City Council adopted Resolution No. 2023-___ (the “Resolution”) authorizing the issuance and sale of Bonds pursuant to this Agreement, designated “Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds” (the “Bonds”) for the purpose of financing the construction and acquisition of such public facilities, or to reimburse the costs thereof; and WHEREAS, it is in the public interest and for the benefit of the District, the City, the persons responsible for the payment of special taxes and the owners of the Bonds that the City enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the special taxes securing the Bonds, and the administration and payment of the Bonds; and WHEREAS, all things necessary to cause the Bonds, when executed by the City and authenticated by the Fiscal Agent for the District and issued as in the Act, the Resolution (as hereinafter defined) and this Agreement provided, to be legal, valid and binding special obligations of the District in accordance with their terms, and all things necessary to cause the authorization, execution and delivery of this Agreement and the authorization, execution, authentication and delivery of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:       Packet Pg. 1757 55600.00927\41014639.3 2 ARTICLE I AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution. Section 1.02. Agreement for Benefit of Owners. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the City and/or the District shall be for the equal benefit, protection and security of the Owners. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the owner of any of the Bonds with the same rights it would have if it were not Fiscal Agent. Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the City in carrying out its duties hereunder (including, but not limited to, the levying and collection of the Special Taxes) including the fees and expenses of its counsel, an allocable share of the salaries of City staff directly related thereto and a proportionate amount of City general administrative overhead related thereto, any amounts paid by the City from its general funds pursuant to Section 6.02 hereof, the fees and expenses of the Municipal Advisor, and the Special Tax Consultant, the costs of the District, the City or any designee of either thereof of complying with the arbitrage rebate requirements; the costs to the District, the City or any designee of either thereof of complying with the District, City or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the District, or City, or any designee of either thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the District’s annual administration fee and third party expenses; and all other costs and expenses of the City or the Fiscal Agent incurred in connection with the discharge of their respective duties hereunder and, in the case of the City, in any way related to the administration of the District. “Administrative Expense Fund” means the fund by that name established by Section 3.05(A) hereof.       Packet Pg. 1758 55600.00927\41014639.3 3 “Agreement” means this Fiscal Agent Agreement, as it may be amended or supplemented form time to time by any Supplemental Agreement adopted pursuant to the provisions hereof. “Annual Debt Service” means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled, and (ii) the principal amount of the Outstanding Bonds scheduled to be paid. “Appraisal” means the appraisal of the estimated market values of the properties within the District prepared by Kitty Siino & Associates, Inc. dated April 5, 2023. “Auditor” means the Auditor-Controller of the County of San Bernardino. “Authorized Officer” means the Mayor, the Mayor Pro Tem, the City Manager or the Director of Administrative Services or any officer or employee of the City authorized by the City Council or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer. “Bond Counsel” means any attorney or firm of attorneys acceptable to the City and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. “Bond Fund” means the fund by that name established by Section 4.02(A) hereof. “Bond Year” means the period beginning on the Closing Date and ending on September 1, 2023 and thereafter the period beginning on each September 2 and ending on the following September 1. “Bonds” means, unless otherwise expressly provided, the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds authorized by and at any time Outstanding pursuant to the Act and this Agreement. “Business Day” means any day other than (i) a Saturday or a Sunday or (ii) a day on which banking institutions in the State of California or in any state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or executive order to be closed. “Capitalized Interest Sub-Account” means the sub-account by that name within the Interest Account of the Bond Fund established pursuant to Section 4.02 (A). “City” means the City of San Bernardino. “City Council” means the City Council of the City. “Closing Date” means the date upon which there is an exchange of the Bonds for the proceeds representing payment of the purchase price of the Bonds by the Original Purchaser. “Code” means the Internal Revenue Code of 1986, as amended.       Packet Pg. 1759 55600.00927\41014639.3 4 “Continuing Disclosure Certificate” means the Continuing Disclosure Certificate of the City, dated as of __________ 1, 2023, as originally executed by the City and as it may be amended from time to time in accordance with the terms thereof. “Costs of Issuance” means items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, including but not limited to the preliminary official statement and official statement regarding the Bonds, closing costs, filing and recording fees, premiums for any reserve fund, surety bond or bond insurance policy, initial fees and charges of the Fiscal Agent including its first annual administration fee and the fees of its counsel, expenses incurred by the City in connection with the issuance of the Bonds and the establishment of the District, Bond (underwriter’s) discount, legal fees and charges, including the fees of Bond Counsel and counsel to the Underwriter, Municipal Advisor’s fees, charges for authentication, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. “Costs of Issuance Fund” means the fund by that name established by Section 3.06(A) hereof. “Debt Service” means the amount of interest and principal payable on the Bonds scheduled to be paid during the period of computation, excluding amounts payable during such period which relate to principal of the Bonds which are scheduled to be retired and paid before the beginning of such period. “Defeasance Securities” means, for purposes of Section 10.03(C) hereof, the following: (i) United States Treasury Certificates, Notes and Bonds (including State and Local Government Series - “SLGs”); (ii) Direct obligations of the United States Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar securities; (iii) Resolution Funding Corporation (REFCORP) obligations; provided that only the interest component of REFCORP strips which have been stripped by request of the Federal Reserve Bank of New York in book-entry form are acceptable; (iv) Pre-refunded municipal bonds rated “Aaa” by Moody’s and “AAA” by Standard & Poor’s; provided, however, that if the issue is only rated by Standard & Poor’s (i.e., there is no Moody’s rating), then the pre-refunded bonds must have been pre-refunded with cash, direct United States or United States guaranteed obligations, or “AAA” rated pre-refunded municipal bonds; and (v) Obligations issued by the following agencies which are backed by the full faith and credit of the United States of America: (a) U.S. Export-Import Bank Direct obligations or fully guaranteed certificates of beneficial ownership       Packet Pg. 1760 55600.00927\41014639.3 5 (b) Farmers Home Administration Certificates of beneficial ownership (c) Federal Financing Bank (d) General Services Administration Participation certificates (e) United States Maritime Administration Guaranteed Title XI financing (f) United States Department of Housing and Urban Development Project notes Local Authority Bonds New Communities Debentures - United States government guaranteed debentures United States Public Housing Notes and Bonds - United States government guaranteed public housing notes and bonds. “District” means Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California. “Event of Default” shall mean any one or more of the events described in Section 9.1 hereof. “Federal Securities” means any of the following which at the time of investment are legal investments under the laws of the State of California for the moneys proposed to be invested therein: (i) Cash; and (ii) Direct general obligations of (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America and CATS and TIGRS), or obligations, the payment of principal of and interest on which is unconditionally guaranteed by the United States of America. “Fiscal Agent” means U.S. Bank Trust Company, National Association, the Fiscal Agent appointed by the City, acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.01 hereof. “Fiscal Year” means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. “Improvement Fund” means the fund by that name established by Section 3.03(A) hereof.       Packet Pg. 1761 55600.00927\41014639.3 6 “Independent Financial Consultant” means a firm of certified public accountants, a financial consulting firm, a consulting engineering firm or engineer which is not an employee of, or otherwise controlled by, the City. Information Services” means in accordance with then-current guidelines of the Securities and Exchange Commission, the Electronic Municipal Market Access System (referred to as “EMMA”), a facility of the Municipal Securities Rulemaking Board (at http://emma.msrb.org) or such service or services as the City may designate in a certificate delivered to the Fiscal Agent. “Interest Account” means the account by that name established in the Bond Fund by Section 4.02 (A). “Interest Payment Dates” means March 1 and September 1 of each year, commencing [September 1, 2023], until the maturity or redemption of all Outstanding Bonds. “Investment Earnings” means all interest earned and any gains and losses on the investment of moneys in any fund or account created by this Agreement, excluding interest earned and gains and losses on the investment of moneys in the Rebate Fund. “Maximum Annual Debt Service” means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. “Moody’s” shall mean Moody’s Investors Service, a national rating service with offices in New York, New York. “Municipal Advisor” means an independent financial consulting firm appointed by the City to advise the City as to financial matters relating to the Bonds. “Officer’s Certificate” means a written certificate of the City signed by an Authorized Officer of the City. “Ordinance” means any ordinance of the City or resolution of the City Council levying the Special Taxes. “Original Purchaser” means the first purchaser of the Bonds from the City. “Outstanding,” when used as of any particular time with reference to the Bonds, means (subject to the provisions of Section 8.04 hereof) all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds called for redemption which, for the reasons specified in Section 2.03 (F) hereof, are no longer entitled to any benefit under this Agreement other than the right to receive payment of the redemption price therefor; (iii) Bonds paid or deemed to have been paid within the meaning of Section 10.03 hereof; and       Packet Pg. 1762 55600.00927\41014639.3 7 (iv) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City and authenticated by the Fiscal Agent pursuant to this Agreement or any Supplemental Agreement. “Owner” means any person who shall be the registered owner of any Outstanding Bond. “Parity Bonds” means bonds issued by the District for the purpose of accomplishing the defeasance and redemption of all or a portion of the Outstanding Bonds pursuant to Section 2.13 hereof. “Permitted Investments” means: (i) Federal Securities; (ii) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): (a) U.S. Export-Import Bank Direct obligations or fully guaranteed certificates of beneficial ownership (b) Farmers Home Administration Certificates of beneficial ownership (c) Federal Financing Bank (d) Federal Housing Administration Debentures (e) General Services Administration Participation certificates (f) Government National Mortgage Association (GNMA) GNMA - guaranteed mortgage-backed bonds GNMA - guaranteed pass-through obligations (g) U.S. Maritime Administration Guaranteed Title XI financing (h) U.S. Department of Housing and Urban Development Project Notes Local Authority Bonds New Communities Debentures - United States government guaranteed debentures U.S. Public Housing Notes and Bonds - United States government guaranteed public housing notes and bonds;       Packet Pg. 1763 55600.00927\41014639.3 8 (iii) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non-full faith and credit United States government agencies (stripped securities are only permitted if they have been stripped by the agency itself): (a) Federal Home Loan Bank System Senior debt obligations (b) Federal Home Loan Mortgage Corporation Participation Certificates Senior debt obligations (c) Federal National Mortgage Association Mortgage-backed securities and senior debt obligations (d) Student Loan Marketing Association Senior debt obligations (e) Resolution Funding Corporation (REFCORP) obligations (f) Farm Credit System Consolidated systemwide bonds and notes; (iv) Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by Standard & Poor’s of “AAAm-G,” “AAA-m” or “AA-m” and, if rated by Moody’s, rated “Aaa,” “Aa1” or “Aa2” by Moody’s, including funds for which the Fiscal Agent, its parent holding company, if any, or any affiliates or subsidiaries of the Fiscal Agent or such holding company receive and retain a fee for services provided to the fund whether as a custodian, transfer agent, investment advisor or otherwise; (v) Certificates of deposit secured at all times by collateral described in clauses (i) and/or (ii) above. Such certificates must be issued by commercial banks, including the Fiscal Agent and its affiliates, savings and loan associations or mutual savings banks. The collateral must be held by a third party and the Fiscal Agent on behalf of the Owners of the Bonds must have a perfected first security interest in the collateral; (vi) Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC, including BIF and SAIF including those that may be issued or provided by the Fiscal Agent and its affiliates; (vii) Investment agreements with domestic or foreign banks, insurance companies or corporations the long-term debt or claims paying ability of which or, in the case of a guaranteed corporation, the long-term debt of the guarantor, or, in the case of a monoline financial guaranty insurance company, the claims paying ability or financial strength, of the guarantor is rated in at least the double A category by Standard & Poor’s and Moody’s; provided that, by the terms of the investment agreement:       Packet Pg. 1764 55600.00927\41014639.3 9 (a) interest payments are to be made to the Fiscal Agent at times and in amounts as necessary to pay Debt Service on the Bonds (if the funds invested pursuant to the investment agreement are from the Reserve Fund); (b) the investment agreement shall provide that the invested funds are available for withdrawal without penalty or premium at any time upon not more than seven (7) days’ prior notice (The City and the Fiscal Agent shall give or cause to be given notice in accordance with the terms of the investment agreement so as to receive funds thereunder with no penalty or premium payable.); (c) the investment agreement shall provide that it is the unconditional and general obligation of, and is not subordinated to any other obligation of, the provider thereof; (d) the City and the Fiscal Agent receive the opinion of domestic counsel (which opinion shall be addressed to the City and the Fiscal Agent) that such investment agreement is legal, valid, binding and enforceable upon the provider in accordance with its terms and of foreign counsel (if applicable) in form and substance acceptable, and addressed to, the City and the Fiscal Agent; (e) the investment agreement shall provide that if during its term (1) the provider’s (or its guarantor’s) rating by either Standard & Poor’s or Moody’s falls below “AA-” or “Aa3”, respectively, the provider shall, at its option, within ten (10) days of receipt of publication of such downgrade, either (i) collateralize the investment agreement by delivering or transferring in accordance with the applicable state and federal laws (other than by means of entries on the provider’s books) to the City, the Fiscal Agent or a third party acting solely as agent therefor (the “Holder of the Collateral”) collateral free and clear of any third-party liens or claims, the market value of which collateral is maintained at one hundred four percent (104%) of securities identified in clauses (i) and (ii) of this definition; or (ii) assign the investment agreement and all of its obligations thereunder to a financial institution mutually acceptable to the provider, the City and the Fiscal Agent which is rated either in the first or second highest category by Standard & Poor’s and Moody’s; and (2) the provider’s (or its guarantor’s) rating by either Standard & Poor’s or Moody’s is withdrawn or suspended or falls below “A-” or “A3”, respectively, the provider must, at the direction of the City or the Fiscal Agent, within ten (10) days of receipt of such direction, repay the principal of and accrued but unpaid interest on the invested funds, in either case with no penalty or premium to the City or the Fiscal Agent; and (f) the investment agreement shall provide and an opinion of counsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement at the time such collateral is delivered, that the Holder of the Collateral has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof (in the case of bearer securities, this shall mean the Holder of the Collateral is in possession of such collateral); and (g) the investment agreement shall provide that if during its term       Packet Pg. 1765 55600.00927\41014639.3 10 (1) the provider shall default in its payment obligations, the provider’s obligations under the investment agreement shall, at the direction of the City or the Fiscal Agent, be accelerated and amounts invested and accrued but unpaid interest thereon shall be paid to the City or the Fiscal Agent, as appropriate; and (2) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc. (“event of insolvency”), the provider’s obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be paid to the City or the Fiscal Agent, as appropriate; (viii) Commercial paper rated, at the time of purchase, “Prime - 1” by Moody’s and “A-1” or better by Standard & Poor’s; (ix) Bonds or notes issued by any state or municipality which are rated by Moody’s and/or Standard & Poor’s in one of the two highest rating categories assigned by them; (x) Federal funds or bankers acceptances with a maximum term of one year of any bank or deposit accounts, including the Fiscal Agent and its affiliates, which has an unsecured, uninsured and unguaranteed obligation rating of “Prime - 1” or better by Moody’s and “A-1” or better by Standard & Poor’s; (xi) Repurchase agreements which satisfy the following criteria: (a) Repurchase agreements must be between the City or the Fiscal Agent and an entity which is: (1) A primary dealer on the Federal Reserve reporting dealer list which is rated “A” or better by Standard & Poor’s and Moody’s, or (2) A bank rated “A” or above by Standard & Poor’s and Moody’s; or (3) A corporation the long-term debt or claims paying ability of which, or in the case of a guaranteed corporation, the long-term debt of the guarantor, or, in the case of a monoline financial guaranty insurance company, the claims paying ability or financial strength of the guarantor, is rated in at least the double A category by Standard & Poor’s and Moody’s. (b) The written agreement must include the following: (1) Securities which are acceptable for transfer are: (A) direct obligations of the United States government, or (B) obligations of federal agencies backed by the full faith and credit of the United States of America (or the Federal National Mortgage Association (FNMA) or the Federal Home Loan Mortgage Corporation (FHLMC)), (2) The collateral must be delivered to the City or the Fiscal Agent (if the Fiscal Agent is not supplying the collateral) or a third party acting as agent for the Fiscal Agent       Packet Pg. 1766 55600.00927\41014639.3 11 (if the Fiscal Agent is supplying the collateral) before or simultaneous with payment (perfection by possession of certificated securities), (3) (A) The securities must be valued weekly, marked-to-market at current market price plus accrued interest, and (B) The value of the collateral must be at least equal to one hundred four percent (104%) of the amount of money transferred by the Fiscal Agent to the dealer, bank or corporation under the agreement plus accrued interest. If the value of the securities held as collateral is reduced below one hundred four percent (104%) of the value of the amount of money transferred by the Fiscal Agent, then additional acceptable securities and/or cash must be provided as collateral to bring the value of the collateral to one hundred four percent (104%); provided, however, that if the securities used as collateral are those of FNMA or FHLMC, then the value of the collateral must equal to one hundred five percent (105%) of the amount of money transferred by the Fiscal Agent; and (xii) the Local Agency Investment Fund in the State Treasury of the State of California as permitted by the State Treasurer pursuant to Section 16429.1 of the California Government Code. “Principal Account” means the account by that name established in the Bond Fund by Section 4.02 (A). “Principal Office” means the principal corporate trust office of the Fiscal Agent in Los Angeles, California or such other addresses may be specified in writing by the Fiscal Agent; provided, however, that for purposes of the transfer, registration, exchange, payment and surrender of Bonds “Principal Office” means the office or agency of the Fiscal Agent at which, at any time, its corporate trust agency business shall be conducted or such other office or address as may be specified in writing by the Fiscal Agent. “Proceeds,” when used with reference to the Bonds, means the aggregate principal amount of the Bonds, plus accrued interest and premium, if any, less original issue discount, if any, less Original Purchaser’s discount. “Project” means the public facilities which are to be financed with the proceeds of the sale of the bonds of the District, as described in Resolution No. 2018-266 adopted by the City Council on September 19, 2018. “Rate and Method of Apportionment” means the rate and method of apportionment of special taxes originally authorized to be levied on property within the District as approved at a special election held within the District on September 19, 2018, and as it may be modified from time to time in accordance with the Act. “Rebate Certificate” means the certificate delivered by the City upon the delivery of the Bonds relating to Section 148 of the Code, or any functionally similar replacement certificate. “Rebate Fund” means the fund by that name established by Section 6.02 hereof.       Packet Pg. 1767 55600.00927\41014639.3 12 “Record Date” means the fifteenth (15th) day of the month next preceding the applicable Interest Payment Date whether or not such day is a Business Day. “Regulations” means the temporary and permanent regulations of the United States Department of the Treasury promulgated under the Code. “Representation Letter” means the representation letter which the City has delivered to The Depository Trust Company (“DTC”) with respect to the utilization of the book-entry system maintained by DTC for the issuance and registration of bonds. “Reserve Fund” means the fund by that name established by Section 4.03(A) hereof. “Reserve Requirement” means, as of the Closing Date, the lesser of (i) ten percent (10%) of the original issue price of the Bonds calculated in accordance with Treasury Regulations Section 1.148-2(f)(1), (ii) Maximum Annual Debt Service on the Bonds or (iii) 125 percent (125%) of average Annual Debt Service on the Bonds. “Resolution” means Resolution No. 2023-___, adopted by the City Council on __________, 2023. “Securities Depositories” means The Depository Trust Company, 55 Water Street, 50th Floor, New York, New York, 10041-0099, Call Notification Department, Fax (212) 855-7232, and, in accordance with then current guidelines of the Securities and Exchange Commission, such other securities depositories as the City may designate in an Officer’s Certificate delivered to the Fiscal Agent. “Special Taxes” or “Special Tax” means Special Tax A (as defined in the Rate and Method of Apportionment) levied by the City Council on parcels of taxable property within the District pursuant to the Act and this Agreement. “Special Tax Fund” means the fund by that name established by Section 3.04(A) hereof. “Special Tax Prepayments” means amounts received by the City as prepayments of all or a portion of the Special Tax obligation of a parcel of property in the District. “Special Tax Prepayments Account” means the account by that name established by the Fiscal Agent in the Bond Fund pursuant to Section 4.02(A) hereof. “Special Tax Revenues” means the proceeds of the Special Taxes received by the City, including any scheduled payments, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes in the amount of said lien and interest and penalties thereon. “Standard & Poor’s” shall mean S&P Global Ratings, a Standard & Poor’s Financial Services LLC business, a national rating service with offices in New York, New York.       Packet Pg. 1768 55600.00927\41014639.3 13 “Tax Consultant” means an engineer or financial consultant or other such person or firm with expertise in the apportionment and levy of special taxes in community facilities districts which is employed by the City to assist the City in levying the Special Taxes. ARTICLE II THE BONDS Section 2.01. Principal Amount; Designation. The Bonds in the aggregate principal amount of $___________ are hereby authorized to be issued by the City for the District under and subject to the terms of the Resolution, this Agreement, the Act and other applicable laws of the State of California. The Bonds shall be designated “Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds.” The Bonds shall be issued in the form attached hereto as Exhibit A. Section 2.02. Terms of Bonds. (A) The Bonds. The Bonds shall be issued as fully registered bonds, without coupons, in the denominations of $5,000 or any integral multiple thereof. The Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent. The Bonds shall be dated __________, 2023. (B) Maturities. The Bonds shall mature and become payable on September 1 of each year, as follows: Maturity Dates (September 1) Principal Amounts Interest Rates (C) Interest. The Bonds shall bear interest at the rates set forth in subsection (B) above payable on the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from __________, 2023; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon or from [September 1, 2023], if no interest has previously been paid or made available for payment thereon. (D) Method of Payment. Interest on the Bonds is payable by check of the Fiscal Agent mailed by first class mail, postage prepaid, on each Interest Payment Date, to the registered Owner thereof at such registered Owner’s address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest       Packet Pg. 1769 55600.00927\41014639.3 14 Payment Date. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America by check of the Fiscal Agent upon surrender of such Bonds at the Principal Office of the Fiscal Agent; provided, however, that at the written request of the Owner of at least $1,000,000 in aggregate principal amount of Outstanding Bonds filed with the Fiscal Agent prior to any Record Date, interest on such Bonds shall be paid to such Owner on each succeeding Interest Payment Date by wire transfer of immediately available funds to an account in the United States of America designated in such written request. (E) CUSIP Identification Numbers. “CUSIP” identification numbers shall be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds. In addition, failure on the part of the City or the Fiscal Agent to use such CUSIP numbers in any notice to the Owners shall not constitute an Event of Default or any violation of the City’s contract with the Owners and shall not impair the effectiveness of any such notice. Section 2.03. Redemption. (A) Optional Redemption. The Bonds are subject to redemption prior to their stated maturity dates at the option of the City on September 1, 20__, or any date thereafter, from such maturities as selected by the City (and by lot within any one maturity), in integral multiples of $5,000, at the option of the City from moneys derived by the City from any source, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price September 1, 20__ through August 31, 20__103% September 1, 20__ through August 31, 20__102 September 1, 20__ through August 31, 20__101 September 1, 20__ and any date thereafter 100 (B) Mandatory Redemption From Special Tax Prepayments. The Bonds are subject to mandatory redemption prior to their stated maturity dates on any Interest Payment Date, as selected among maturities by the City (and by lot within any one maturity), in integral multiples of $5,000, from moneys derived by the City from Special Tax Prepayments, at redemption prices (expressed as percentages of the principal amounts of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price Any Interest Payment Date through September 1, 20__103% March 1, 20__ and September 1, 20__102 March 1, 20__ and September 1, 20__101 September 1, 20__ and any Interest Payment Date thereafter 100 (C) Mandatory Sinking Fund Redemption. The Outstanding Bonds maturing on September 1, 20__, September 1, 20__ and September 1, 20__ are subject to mandatory sinking fund redemption, in part, on September 1, 20__, September 1, 20__ and September 1, 20__, respectively and on each September 1 thereafter to maturity, by lot, at a redemption price equal to       Packet Pg. 1770 55600.00927\41014639.3 15 the principal amount thereof to be redeemed, together with accrued interest to the date of redemption, without premium, and from sinking payments as follows: Bonds Maturing on September 1, 20 Redemption Date (September 1)Sinking Payment Bonds Maturing on September 1, 20 Redemption Date (September 1)Sinking Payment Bonds Maturing on September 1, 20 Redemption Date (September 1)Sinking Payments The amounts in the foregoing schedules shall be reduced by the City pro rata among redemption dates, in order to maintain substantially level Debt Service, as a result of any prior or partial redemption of the Bonds pursuant to subsection (A) or subsection (B) above. The City shall provide the Fiscal Agent with a revised sinking fund schedule. (D) Purchase of Bonds. In lieu of payment at maturity or redemption under this Section 2.03, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase. In such event, the City shall, as may be appropriate, provide to the Fiscal Agent a revised maturity schedule or a revised mandatory sinking fund schedule for the Bonds, or both. (E) Notice to Fiscal Agent. An Authorized Officer shall give the Fiscal Agent written notice of the City’s intention to redeem Bonds not less than forty-five (45) days prior to the applicable redemption date specifying the principal amounts and maturities of the Bonds to be redeemed. The provisions of this subsection (E) shall not apply to the redemption of the Bonds pursuant to Section 2.03(C) hereof.       Packet Pg. 1771 55600.00927\41014639.3 16 (F) Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, or electronically submitted, to the Securities Depositories and to one or more Information Services selected by an Authorized Officer, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books maintained by the Fiscal Agent at its Principal Office; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. The Fiscal Agent shall also cause notice of any redemption to be mailed, in such manner and within such time, to the Underwriter. Such notice shall state the date of such notice, the date of issue of the Bonds, the place or places of redemption, the redemption date, the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed, by giving the individual CUSIP number and Bond number of each Bond to be redeemed, or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called for redemption in part the portion of the principal of the Bond to be redeemed, shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of the mailing and publication of any such redemption notice shall be paid by the District. Any notice of optional redemption of the Bonds delivered in accordance with this Section 2.03 may be conditional and if any condition stated in the notice of redemption shall not have been satisfied on or prior to the redemption date, said notice shall be of no force and effect and the District shall not be required to redeem such Bonds and the redemption shall not be made and the Fiscal Agent shall within a reasonable time thereafter give notice, to the persons and in the manner in which the notice of redemption was given, that such condition or conditions were not met and that the redemption was cancelled. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. In the event of a mandatory redemption pursuant to Section 2.03(B) hereof, the City shall transfer or cause to be transferred to the Fiscal Agent for deposit in the Bond Fund moneys in an amount equal to the redemption price of the Bonds being redeemed on or before the fifteenth (15th) day of the month preceding the Interest Payment Date upon which such Bonds are to be redeemed. If less than all the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to be redeemed shall be in the principal amount of $5,000 or a multiple thereof, and, in selecting portions of such Bonds for redemption, the Fiscal Agent shall treat each such Bond as representing the number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000.       Packet Pg. 1772 55600.00927\41014639.3 17 Whenever provision is made in this Agreement for the redemption of less than all of the Bonds of a maturity or any given portion thereof, the Fiscal Agent shall select the Bonds of such maturity to be redeemed, from all Bonds of such maturity or such given portion thereof not previously called for redemption, by lot within a maturity in any manner which the Fiscal Agent in its sole discretion shall deem appropriate. Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner, at the expense of the District, a new Bond or Bonds, of the same maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. (G) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption prices of the Bonds called for redemption shall have been deposited in the Bond Fund, such Bonds shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and interest shall cease to accrue on the Bonds to be redeemed on the redemption date specified in the notice of redemption. All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section 2.03 shall be canceled by the Fiscal Agent. Section 2.04. Form of Bonds. The Bonds, including the Fiscal Agent’s certificate of authentication and the assignment to appear thereon, shall be substantially in the form set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions as permitted or required by this Agreement. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the District by the facsimile signatures of the Mayor and City Clerk of the City, who are in office on the date of this Agreement or at any time thereafter. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bond to the Owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bond to the Owner. Any Bond may be signed and attested on behalf of the District by such persons as at the actual date of the execution of such Bond shall be the proper officers of the City although at the nominal date of such Bond any such person shall not have been such officer of the City. Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A hereto, as appropriate, manually executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that such Bonds have been duly authenticated, registered and delivered hereunder, and are entitled to the benefits of this Agreement. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the Principal Office of the Fiscal Agent, accompanied by delivery of a duly executed written instrument of transfer in a form acceptable to the Fiscal       Packet Pg. 1773 55600.00927\41014639.3 18 Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting transfer of a Bond any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds of like aggregate principal amount. No transfers of Bonds shall be required to be made (i) during the fifteen (15) days preceding the date established by the Fiscal Agent for selection of Bonds for redemption, or (ii) with respect to Bonds which have been selected for redemption. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent only for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity and interest rate. The cost for any services rendered or any expense incurred by the Fiscal Agent in connection with any such exchange shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting exchange of a Bond any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) during the fifteen (15) days preceding the date established by the Fiscal Agent for selection of Bonds for redemption, or (ii) with respect to Bonds which have been selected for redemption. Section 2.08. Bond Register. The Fiscal Agent shall keep, or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds which books shall show the series, number, CUSIP identification number, date of issuance, amount, rate of interest and Owner of each Bond and shall at all times be open to inspection by the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Bonds. If the City issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder.       Packet Pg. 1774 55600.00927\41014639.3 19 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the City, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a replacement Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled and destroyed by the Fiscal Agent. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity satisfactory to it shall be given, the City, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a replacement Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The City or Fiscal Agent may require payment of a sum not exceeding the actual cost of preparing each replacement Bond delivered under this Section 2.10 and of the expenses which may be incurred by the City and the Fiscal Agent for the preparation, execution, authentication and delivery thereof. Any Bond delivered under the provisions of this Section 2.10 in replacement of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation of the District whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.11. Special Obligation. All obligations of the City and the District under this Agreement and the Bonds shall be special obligations of the City and the District, payable solely from the Special Tax Revenues and the funds pledged therefor pursuant hereto. Neither the faith and credit nor the taxing power of the City, the District (except to the limited extent set forth herein) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Section 2.12. Book-Entry. The Bonds shall be initially issued in the form of a single, fully registered Bond for each maturity (which may be typewritten). Upon initial issuance, the ownership of such Bonds shall be registered in the name of the Nominee identified below as nominee of The Depository Trust Company, New York, New York and its successors and assigns (the “Depository” or “DTC”). Except as hereinafter provided, all of the Outstanding Bonds shall be registered in the name of the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to this Section 2.12 (the “Nominee”). With respect to the Bonds registered in the name of the Nominee, neither the City nor the Fiscal Agent shall have any responsibility or obligation to any broker-dealers, banks and other financial institutions from time to time for which the Depository holds Bonds as securities depository (the “Participant”) or to any person on behalf of which such a Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, neither the City nor the Fiscal Agent shall have any responsibility, liability or obligation whatsoever with respect to (i) the accuracy of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person, other than an Owner of a Bond as shown in the registration books maintained by the Fiscal Agent pursuant to Section 2.08 hereof (the “Registration Books”), of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository and its Participants of the beneficial interests in the Bonds to be redeemed in the event the City redeems the Bonds in part, or (iv) the payment to any Participant or any other person, other than an Owner of a Bond as shown       Packet Pg. 1775 55600.00927\41014639.3 20 in the Registration Books, of any amount with respect to principal of or interest on the Bonds. The City and the Fiscal Agent may treat and consider conclusively the person in whose name each Bond is registered as the holder and absolute Owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices of redemption, if applicable, and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The City shall pay all principal of and interest on the Bonds only to or upon the order of the respective Owner of a Bond, as shown in the Registration Books, or his or her attorney duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner of a Bond, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the City to make payments of principal and interest pursuant to this Agreement. Upon delivery by the Depository to the Owners of the Bond, and the City of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein with respect to Record Dates, the word Nominee in this Agreement shall refer to such nominee of the Depository. In the event (i) the Depository determines not to continue to act as securities depository for the Bonds, or (ii) the Depository shall no longer so act and gives notice to the City of such determination, then the City will discontinue the book-entry system with the Depository. If the City determines to replace the Depository with another qualified securities depository, the City shall prepare or direct the preparation of a new, single, separate, fully registered Bond, per maturity, registered in the name of such successor or substitute qualified securities depository or its nominee. If the City fails to identify another qualified securities depository to replace the Depository, then the Bonds shall no longer be restricted to being registered in the Registration Books in the name of the Nominee, but shall be registered in whatever name or names Owners of the Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Sections 2.06 and 2.07 hereof, and the City shall prepare and deliver Bonds to the Fiscal Agent for authentication and delivery to the Owners thereof for such purpose. In the event of a reduction in aggregate principal amount of Bonds Outstanding or an advance refunding of part of the Bonds Outstanding, the Depository, in its discretion, (a) may request the City to prepare and issue a new Bond or (b) may make an appropriate notation on a Bond indicating the date and amounts of such reduction in principal, but in such event the Registration Books maintained by the Fiscal shall be conclusive as to what amounts are Outstanding with respect to the Bond, except in the case of final maturity, in which case the Bond must be presented to the Fiscal Agent prior to payment. Notwithstanding any other provision of this Agreement to the contrary, so long as any Bond is registered in the name of the Nominee, all payments of principal and interest with respect to such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the Representation Letter or as otherwise instructed by the Depository and acceptable to the City. The initial Nominee shall be Cede & Co., as Nominee of DTC.       Packet Pg. 1776 55600.00927\41014639.3 21 Section 2.13. Parity Bonds. The District and the City covenant that except as provided below they will not issue any other obligations payable, as to principal or interest, from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds. Nothing in this Agreement shall, however, preclude, subject to the limitations contained hereunder, the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State of California, which shall be payable from and have a lien upon the Special Tax Revenues on a parity with the Bonds to be outstanding following the issuance of such refunding bonds. ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS; IMPROVEMENT FUND; SPECIAL TAX FUND; ADMINISTRATIVE EXPENSE FUND; COSTS OF ISSUANCE FUND Section 3.01. Issuance and Delivery of Bonds. At any time after the execution of this Agreement, the City may issue the Bonds for the District in the aggregate principal amounts set forth in Section 2.01 hereof and deliver the Bonds to the Original Purchaser. The Authorized Officers of the City are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the Resolution and this Agreement, to authorize the payment of Costs of Issuance by the Fiscal Agent from the proceeds of the Bonds, and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser. Section 3.02. Application of Proceeds of Sale of Bonds. The Proceeds of the sale of the Bonds to the Original Purchaser shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such Proceeds on the Closing Date as follows: (A) Deposit in the Reserve Fund the amount of $___________, which constitutes the Reserve Requirement on the Closing Date; (B) Deposit in the Improvement Fund the amount of $___________; (C) Deposit in the Costs of Issuance Fund the amount of $___________; and (D) Deposit in the Capitalized Interest Sub-Account of the Interest Account of the Bond Fund of $______. Section 3.03. Improvement Fund. (A) Establishment of Improvement Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Improvement Fund.” Moneys in the Improvement Fund shall be held by the Fiscal Agent for the benefit of the City, and shall be disbursed, except       Packet Pg. 1777 55600.00927\41014639.3 22 as otherwise provided in subsection (D) of this Section 3.03, for the payment or reimbursement of the costs of the design, acquisition and construction of the Project. (B) Procedure for Disbursement. Disbursements from the Improvement Fund shall be made by the Fiscal Agent upon receipt of an Officer’s Certificate which shall: (i) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made and the person to which the disbursement is to be paid along with payment instructions; and (ii) certify that no portion of the amount then being requested to be disbursed was set forth in any Officer’s Certificate previously filed with the Fiscal Agent requesting disbursement, and that the amount being requested is an appropriate disbursement from the Improvement Fund. (C) Investment. Moneys in the Improvement Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings with respect to the Improvement Fund shall be retained by the Fiscal Agent in such fund to be used for the purposes of such fund. (D) Closing of Fund. Upon the filing of an Officer’s Certificate stating that the construction and acquisition of the Project has been completed and that all costs of the Project have been paid or are not required to be paid from the Improvement Fund, and further stating that moneys on deposit in the Improvement Fund are not needed to complete the Project or reimburse the cost thereof, the Fiscal Agent shall transfer the amount, if any, remaining in the Improvement Fund to the Principal Account of the Bond Fund to be used to pay the principal of the Bonds. (E) Officer’s Certificate. Upon receipt of an Officer’s Certificate delivered pursuant to this Section 3.03, the Fiscal Agent is authorized to act thereon without further inquiry and shall not be responsible for the accuracy of the statements made in such Officer’s Certificate or the application of the funds disbursed pursuant thereto, and shall be absolutely protected and incur no liability in relying on such Officer’s Certificate. Section 3.04. Special Tax Fund. (A) Establishment of Special Tax Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Special Tax Fund” to the credit of which the City shall deposit, as hereinafter provided, not later than ten (10) Business Days after receipt, all Special Tax Revenues received by the City. Moneys in the Special Tax Fund, and all accounts therein, shall be held in trust by the Fiscal Agent for the benefit of the City and the Owners of the Bonds, shall be disbursed as provided below and, pending disbursement, shall be subject to a lien in favor of the Owners of the Bonds. Notwithstanding the foregoing, any amounts received by the City which constitute Special Tax Prepayments shall be transferred by the City not later than ten (10) Business Days after receipt to the Fiscal Agent for deposit by the Fiscal Agent in the Special Tax Prepayments Account established pursuant to Section 4.02(A) hereof.       Packet Pg. 1778 55600.00927\41014639.3 23 (B) Disbursements. As soon as practicable after the receipt from the City of any Special Tax Revenues, but no later than ten (10) Business Days after such receipt, the Fiscal Agent shall withdraw from the Special Tax Fund and deposit in the Administrative Expense Fund an amount which is estimated by the City, in a written communication from an Authorized Officer delivered to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely) to be sufficient, together with the amount then on deposit in the Administrative Expense Fund, to pay the Administrative Expenses during the current Fiscal Year (as determined by the City); provided, however, that the amount deposited in the Administrative Expense Fund prior to the deposits to the Interest Account and the Principal Account of the Bond Fund, as provided below, will not exceed $25,000 for each Fiscal Year. Thereafter, the Fiscal Agent shall deposit in the Interest Account and the Principal Account of the Bond Fund, as provided in Section 4.02(B). If, after such deposits are made to the Administrative Expense Fund, the Interest Account and the Principal Account, there are funds remaining on deposit in the Special Tax Fund, the City shall instruct the Fiscal Agent by an Officer’s Certificate (upon which the Fiscal Agent may conclusively rely) to transfer such amount from the Special Tax Fund to and deposit it in the Reserve Fund to the extent that the amount on deposit therein is less than the Reserve Requirement. On September 2 of each year the amount, if any, on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (including the Principal Account therein but not including, however, the Interest Account or the Special Tax Prepayments Account), as determined by the City, shall not exceed the greater of (i) one year’s earnings on such amounts, or (ii) one-twelfth (1/12th) of Annual Debt Service for the then current Bond Year. If on September 2 of any year the amount on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (other than such excluded amounts), exceeds the maximum amount allowable pursuant to the preceding sentence, as determined by the City and communicated in writing by an Authorized Officer to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely), moneys shall be transferred from the Special Tax Fund to the Administrative Expense Fund to pay any additional Administrative Expenses during the then current Fiscal Year, as directed in writing by the City. The Fiscal Agent shall have no obligation to monitor the City’s obligations as set forth in the foregoing sentence. Subject to the requirement described above, on each September 2, commencing September 2, 2024 any funds remaining in the Special Tax Fund which are not needed to pay principal of or interest on the Bonds then due and payable may be retained in the Special Tax Fund to reduce the Special Taxes levied in future years (subject to the limitations set forth in the Rate and Method of Apportionment). (C) Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained in the Special Tax Fund to be used for the purposes of such fund. Section 3.05. Administrative Expense Fund. (A) Establishment of Administrative Expense Fund. There is hereby established, as a separate account to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Administrative Expense Fund” to the credit of which deposits shall be made as required by Section 3.04(B) hereof. Moneys in the Administrative Expense Fund shall be held in trust by the Fiscal Agent for the benefit of the City, and shall be disbursed as provided below.       Packet Pg. 1779 55600.00927\41014639.3 24 (B) Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the Fiscal Agent and paid to the City or its order upon receipt by the Fiscal Agent of an Officer’s Certificate stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense (or a Cost of Issuance) and the nature of such Administrative Expense (or Cost of Issuance). (C) Investment. Subject to the provisions of subsection (B) above, moneys in the Administrative Expense Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the Fiscal Agent in the Administrative Expense Fund to be used for the purposes of such fund. Section 3.06. Costs of Issuance Fund. (A) Establishment of Costs of Issuance Fund. There is hereby established, as a separate account to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Costs of Issuance Fund” to the credit of which a deposit shall be made as required by paragraph (B) of Section 3.02 hereof. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance. (B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal Agent concurrently with the delivery of the Bonds. The Fiscal Agent shall pay all Costs of Issuance upon receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee in such requisition, or upon receipt of an Officer’s Certificate requesting payment of a Cost of Issuance not listed on the initial requisition delivered to the Fiscal Agent on the Closing Date. Each such invoice or Officer’s Certificate shall be sufficient evidence to the Fiscal Agent of the facts stated therein and the Fiscal Agent shall have no duty to confirm the accuracy of such facts. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of ninety (90) days from the Closing Date and shall then transfer and deposit any moneys remaining therein, including any Investment Earnings thereon, in the Improvement Fund. (C) Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the Fiscal Agent in the Costs of Issuance Fund to be used for the purposes of such fund. ARTICLE IV SPECIAL TAX REVENUES; BOND FUND; RESERVE FUND Section 4.01. Pledge of Special Tax Revenues. The Bonds shall be secured by a pledge of and lien upon (which shall be effected in the manner and to the extent herein provided) all of the Special Tax Revenues (except the amount which will be deposited in the Administrative Expense Fund for each Fiscal Year pursuant to Section 3.04(B) hereof) and all moneys deposited in the Bond Fund and all moneys deposited in the Reserve Fund. The Bonds shall be equally secured by a pledge of and lien upon the Special       Packet Pg. 1780 55600.00927\41014639.3 25 Tax Revenues and such moneys without priority for number, date of Bond, date of execution or date of delivery; and the payment of the interest on and principal of the Bonds and any premium upon the redemption of any thereof shall be and is secured by a pledge of and lien upon the Special Tax Revenues and such moneys. The Special Tax Revenues and all moneys deposited into such accounts are hereby dedicated in their entirety to the payment of the principal of the Bonds, and interest and any premium on, the Bonds, as provided herein and in the Act, until all of the Bonds have been paid and retired or until moneys or Defeasance Securities have been set aside irrevocably for that purpose in accordance with Section 10.03 hereof. Section 4.02. Bond Fund. (A) Deposits. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Bond Fund” to the credit of which deposits shall be made as required by Section 3.04(B) and Section 4.03(C) and (D) hereof and any other provision of this Agreement or the Act. There are hereby established in the Bond Fund, as separate accounts to be held by the Fiscal Agent, the “Interest Account” and within the Interest Account the “Capitalized Interest Sub- Account” and the “Principal Account.” There is hereby also established in the Bond Fund, as a separate account to be held by the Fiscal Agent, the “Special Tax Prepayments Account” to the credit of which deposits shall be made as required by Section 3.04(A) hereof. Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. (B) Disbursements. On or before each Interest Payment Date, the Fiscal Agent shall transfer from the Special Tax Fund and deposit into the following respective accounts in the Bond Fund, the following amounts in the following order of priority, the requirements of each such account (including the making up of any deficiencies in any such account resulting from lack of Special Tax Revenues sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any transfer is made to any account subsequent in priority: (1) Interest Account. On or before each Interest Payment Date, the Fiscal Agent shall deposit in the Interest Account an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest becoming due and payable on the Bonds on such date. No deposit need be made into the Interest Account on any Interest Payment Date if the amount on deposit therein is at least equal to the interest becoming due and payable on the Bonds on such date. All moneys in the Interest Account, including the Capitalized Interest Sub-Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds redeemed prior to maturity). All funds in the Capitalized Interest Sub- Account shall be used and withdrawn to pay interest on the Bonds prior to using any other funds on deposit in the Interest Account for such purpose. All amounts on deposit in the Interest Account on the first day of any Bond Year, to the extent not required to pay any interest then having become due and payable on the Outstanding Bonds shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund.       Packet Pg. 1781 55600.00927\41014639.3 26 (2) Principal Account. On or before each Interest Payment Date which occurs on September 1, the Fiscal Agent shall deposit in the Principal Account an amount required to cause the aggregate amount on deposit in the Principal Account to equal the principal amount of the Bonds becoming due and payable on such date pursuant to Section 2.02 hereof, or the redemption price of the Bonds (consisting of the principal amount thereof and any applicable redemption premium) required to be redeemed on such date pursuant to any of the provisions of Section 2.03 hereof. All moneys in the Principal Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of (i) paying the principal of the Bonds at the maturity thereof, or (ii) paying the principal of and premium (if any) on any Bonds upon the redemption thereof pursuant to Section 2.03 hereof. All amounts on deposit in the Principal Account on the first day of any Bond Year, to the extent not required to pay the principal of any Outstanding Bonds then having become due and payable, shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund. In the event that moneys on deposit in the Special Tax Fund will be insufficient on any Interest Payment Date for the Fiscal Agent to deposit the required amounts in the Interest Account and the Principal Account, as provided above, the Fiscal Agent shall deposit the available funds first to the Interest Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount of interest becoming due and payable on the Bonds on the Interest Payment Date, and shall then deposit the remaining available funds in the Special Tax Fund to the Principal Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount, if any, of principal becoming due and payable on the Bonds on the Interest Payment Date. If, after making such deposits to the Interest Account and the Principal Account, and after transferring moneys from the Reserve Fund to such accounts, as provided in Section 4.03(B) hereof, the amount on deposit in the Principal Account is insufficient to pay the full amount of the principal of each of the Bonds which is due or is to be redeemed on the Interest Payment Date, the Fiscal Agent shall make a prorated payment of the principal of each of such Bonds as specified in an Officer’s Certificate provided to the Fiscal Agent. (C) Special Tax Prepayments Account Deposits and Disbursements. Within ten (10) Business Days after receiving a Special Tax Prepayment the City shall deliver the amount thereof to the Fiscal Agent, together with an Officer’s Certificate notifying the Fiscal Agent that the amount being delivered is a Special Tax Prepayment which is to be deposited in the Special Tax Prepayments Account. Upon receiving a Special Tax Prepayment from the City and such an Officer’s Certificate, the Fiscal Agent shall deposit the amount of the Special Tax Prepayment in the Special Tax Prepayments Account. Such an Officer’s Certificate may be combined with the Officer’s Certificate which the City is required to deliver to the Fiscal Agent pursuant to Section 4.03(F) hereof. Moneys on deposit in the Special Tax Prepayments Account shall be transferred by the Fiscal Agent to the Principal Account on the next date for which notice of the redemption of the Bonds can timely be given under Section 2.03(F) hereof and shall be used to redeem the Bonds on the redemption date selected in accordance with Section 2.03(B) hereof. Pending such transfer, the moneys on deposit in the Special Tax Prepayments Account shall be invested in Defeasance Securities, in accordance with Section 6.01 hereof, at such yield as, in the opinion of Bond Counsel, is necessary to preserve the exclusion of interest on the Bonds from gross income for purposes of federal income taxation. Investment earnings on the moneys on deposit in the Special Tax Prepayments Account shall be retained in such account. The City shall provide       Packet Pg. 1782 55600.00927\41014639.3 27 direction in writing to the Fiscal Agent which shall include an exhibit of the Bond Counsel’s determination. (D) Investment. Except as provided in subsection (C) above, moneys in the Bond Fund, including all accounts therein, shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained in the Bond Fund, except to the extent they are required to be deposited by the Fiscal Agent in the Rebate Fund in accordance with Section 6.02 hereof. Amounts in the Bond Fund, including all accounts therein, shall also be withdrawn and deposited in the Rebate Fund as provided in Section 6.02 hereof. Section 4.03. Reserve Fund. (A) Establishment of Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Reserve Fund” to the credit of which a deposit shall be made as required by paragraph (A) of Section 3.02 hereof, which deposit is equal to the Reserve Requirement, and to which deposits shall be made as provided in Section 3.04(B) hereof. Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of the principal of and interest and any premium on the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. (B) Use of Fund. Except as otherwise provided in this Section, (i) all amounts on deposit in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Interest Account and the Principal Account of the Bond Fund in the event of any deficiency at any time in either of such accounts of the amount then required for payment of the principal of and interest and any premium on the Bonds or, in accordance with the provisions of subsection (E) of this Section 4.03, for the purpose of redeeming Bonds. (C) Transfer Due to Deficiency in Interest and Principal Accounts. Whenever transfer is made from the Reserve Fund to the Interest Account or the Principal Account due to a deficiency in either such account, the Fiscal Agent shall provide written notice thereof to the City. (D) Transfer of Excess of Reserve Requirement. Whenever, on any September 2, the amount in the Reserve Fund, less Investment Earnings resulting from the investment of the funds therein which pursuant to Section 6.02 hereof must be rebated to the United States, as previously directed by the City, exceeds the Reserve Requirement, as calculated by the City, the Fiscal Agent shall provide written notice to the City of the amount of the excess. Upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), the Fiscal Agent shall, subject to the requirements of Section 6.02 hereof, transfer an amount from the Reserve Fund which will reduce the amount on deposit therein to an amount equal to the Reserve Requirement to the Interest Account and the Principal Account, in the priority specified in Section 4.02(B)(1) and (2) hereof, to be used for the payment of the interest on and principal of the Bonds on the next succeeding Interest Payment Date in accordance with Section 4.02 hereof.       Packet Pg. 1783 55600.00927\41014639.3 28 (E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund is equal to or exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall, upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), transfer the amount in the Reserve Fund to the Interest Account and the Principal Account, in the priority specified in Section 4.02(B)(1) and (2) hereof, to be applied, on the next succeeding Interest Payment Date, to the payment and redemption, in accordance with Section 2.03 and Section 4.02 hereof of all of the Outstanding Bonds. In the event that the amount available to be so transferred from the Reserve Fund to the Interest Account and the Principal Account exceeds the amount required to pay and redeem the Outstanding Bonds, the excess shall be transferred to the City to be used for any lawful purpose of the City. (F) Transfers on Payment of Special Tax Obligations. Whenever the City receives a Special Tax Prepayment, the City shall by an Officer’s Certificate notify the Fiscal Agent thereof and of the amount by which the Reserve Fund is to be reduced and which is transferrable from the Reserve Fund to the Principal Account of the Bond Fund, which amount shall be specified in the Officer’s Certificate. Each such Officer’s Certificate shall be accompanied by a report of an Independent Financial Consultant verifying the accuracy of the calculation of the amount to be transferred from the Reserve Fund to the Principal Account (“Verification”). Upon receipt of each such Officer’s Certificate and Verification, upon which the Fiscal Agent may conclusively rely, the Fiscal Agent shall at such time as the amount of such Special Tax Prepayment will be used to redeem Bonds, as provided in Section 4.02(B)(2) hereof, transfer the amount specified in such Officer’s Certificate to the Principal Account and use such amount, together with the amount of such Special Tax Prepayment, to redeem Bonds, as provided in Section 4.02(B)(2) hereof. Notwithstanding the preceding provisions of this subsection, no amount shall be transferred from the Reserve Fund to the Principal Account if the amount on deposit in the Reserve Fund is, or as a result of such transfer would be, less than the Reserve Requirement following such redemption. (G) Investment. Moneys on deposit in the Reserve Fund shall be invested in Permitted Investments which do not have maturities extending beyond five (5) years; provided, however, if the Reserve Fund is invested in an investment agreement (as defined in clause (vii) of the definition of Permitted Investments in Section 1.03 hereof) or a repurchase agreement (as defined in clause (xi) of such definition) such agreement may have a maturity longer than five (5) years if the Fiscal Agent is authorized by the provisions of such agreement to draw the full amount thereof, without penalty, if required for the purposes of the Reserve Fund. The City shall cause the Permitted Investments, other than such investment agreements, in which moneys on deposit in the Reserve Fund are invested to be valued at fair market value and at least once in each Fiscal Year. The Fiscal Agent’s pricing service, as reflected on its monthly statements, satisfies fair market value. ARTICLE V OTHER COVENANTS OF THE CITY Section 5.01. Punctual Payment. The City will punctually pay or cause to be paid the principal of and interest and any premium on the Bonds when and as due in strict conformity with       Packet Pg. 1784 55600.00927\41014639.3 29 the terms of this Agreement and any Supplemental Agreement to the extent that the Special Tax Revenues are available therefor, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds. Section 5.02. Special Obligation. The Bonds are special obligations of the City and the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Bond Fund, the Reserve Fund and the Special Tax Fund. Section 5.03. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the City shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded. Section 5.04. Against Encumbrances. The City shall not encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement. Section 5.05. Books and Accounts. The City shall keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Administrative Expense Fund. Such books of record and accounts shall at all times during business hours, upon reasonable notice, be subject to the inspection of the Owners of not less than ten percent (10%) of the aggregate principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing. Section 5.06. Protection of Security and Rights of Owners. The City will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City. Section 5.07. Collection of Special Tax Revenues. The City shall comply with all requirements of the Act, including the enactment of necessary Ordinances, so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of the payment or collection of delinquent Special Taxes. On or within five (5) Business Days of June 1 of each year, the Fiscal Agent shall provide the City with a notice stating the amount then on deposit in the Special Tax Fund, the Bond Fund and the Reserve Fund (including all accounts and sub-accounts therein), the monthly statements provided by the Fiscal Agent shall satisfy this notice requirement. The receipt of such notice by the City or the failure of the Fiscal Agent to give such notice shall in no way affect the obligations of the City under the following two paragraphs. The Fiscal Agent shall have no liability if it does       Packet Pg. 1785 55600.00927\41014639.3 30 not provide such notice to the City. Upon receipt of such notice, the City shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current Fiscal Year. The City shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Act by August 10 of each year (or such later date as may be authorized by the Act or any amendment thereof) that the Bonds are Outstanding, such that the computation of the levy is complete before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the tax roll for the Fiscal Year then beginning. Upon the completion of the computation of the amounts of the levy of the Special Taxes, the City shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the tax roll. Notwithstanding the preceding provisions of this paragraph, the City Council may elect, as permitted by the Act, to collect the Special Taxes to be levied for any Fiscal Year directly from the owners of the parcels of taxable property upon which the Special Taxes are levied rather than by transmitting the Special Taxes to the Auditor for collection on the tax roll; provided that, in such event, the City shall otherwise comply with the provisions of this Section 5.07. The City shall fix and levy the amount of Special Taxes within the District required for the payment of the principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing calendar year, including any necessary replenishment of the Reserve Fund, and the amount estimated to be sufficient to pay the Administrative Expenses during such calendar year. The Special Taxes so levied shall not exceed the authorized amounts for the District as provided in the proceedings for the establishment of the District. The Special Taxes shall be payable and be collected (except in the event of judicial foreclosure proceedings pursuant to Section 5.11 hereof) in the same manner and at the same time and in the same installments as the general taxes on real property are payable, and have the same priority, become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. The City will not, in collecting the Special Taxes or in processing any such judicial foreclosure proceedings, exercise any authority which it has pursuant to Sections 53340, 53344.1, 53356.1 and 53356.5 of the California Government Code in any manner which would materially and adversely affect the interests of the Owners and, in particular, will not permit the tender of Bonds in full or partial payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant certifying that to accept such tender will not result in the City having insufficient Special Tax Revenues to pay the principal of and interest on the Bonds and remaining Outstanding following such tender. Section 5.08. Levy of Special Taxes for Administrative Expenses. The City covenants that, to the extent that it is legally permitted to do so, (a) it will levy the Special Taxes for the payment of the Administrative Expenses which are expected to be incurred in each Fiscal Year, and (b) it will not initiate proceedings under the Act to reduce the Maximum Special Tax rates (the “Maximum Rates”) on then existing Developed Property in the District below the amounts which are necessary to provide Special Tax Revenues in an amount equal to estimated Administrative Expenses for the then current Fiscal Year plus an amount equal to one hundred ten percent (110%)       Packet Pg. 1786 55600.00927\41014639.3 31 of Maximum Annual Debt Service on the Outstanding Bonds. For purposes of this Section, “Developed Property” has the meaning set forth in the Rate and Method of Apportionment. The City further covenants that in the event an ordinance is adopted by initiative pursuant to Section 3 of Article XIII C of the California Constitution, which purports to reduce or otherwise alter the Maximum Rates, it will commence and pursue legal action seeking to preserve its ability to comply with its covenant contained in the preceding paragraph. Section 5.09. Further Assurances. The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in this Agreement. Section 5.10. Tax Covenants. The City covenants that: (A) It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of the initial issuance and delivery of the Bonds, would have caused any of the Bonds to be “arbitrage bonds” within the meaning of Section 103(b) and Section 148 of the Code; (B) It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would result in loss of exclusion from gross income for purposes of federal income taxation under Section 103(a) of the Code of interest paid with respect to the Bonds; (C) It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would have caused any of the Bonds to be “private activity bonds” within the meaning of Section 141 of the Code; (D) It will comply with the Rebate Certificate as a source of guidance for achieving compliance with the Code; and (E) In order to maintain the exclusion from gross income for purposes of federal income taxation of interest paid with respect to the Bonds, it will comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Code. The covenants of the City contained in this Section 5.10 shall survive the payment, redemption or defeasance of Bonds pursuant to Section 10.03 hereof. Section 5.11. Covenant to Foreclose. Pursuant to Section 53356.1 of the California Government Code, the City covenants with and for the benefit of the Owners of the Bonds that: (i) it will order, and cause to be commenced, judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by the October 1 following the close of the Fiscal Year in which such Special Taxes were due, and (ii) if the amount on deposit in the Reserve Fund is less than the Reserve Requirement it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by the October 1       Packet Pg. 1787 55600.00927\41014639.3 32 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than ninety-five percent (95%) of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. Section 5.12. Prepayment of Special Taxes. The City shall cause all applications of owners of property in the District to prepay and satisfy the Special Tax obligation for their property to be reviewed by the Tax Consultant and shall not accept any such prepayment unless such consultant certifies in writing that following the acceptance of the proposed prepayment by the City and the redemption of Bonds with such prepayment, the maximum amount of the Special Taxes that may be levied on all Taxable Property (as defined in the Rate and Method of Apportionment) in the District following such prepayment will be at least 1.10 times Maximum Annual Debt Service on the Bonds which will remain Outstanding following such redemption plus estimated Administrative Expenses. Section 5.13. Calculation of Prepayments. The City will cause all Special Tax Prepayments to be calculated to include the amount of the premium on the Outstanding Bonds that will be redeemed with the Special Tax Prepayment and negative arbitrage on the investment of the Special Tax Prepayment from the date of receipt until the Interest Payment Date upon which the Special Tax Prepayment and the amount to be transferred from the Reserve Fund to the Principal Account pursuant to Section 4.03(F) hereof will be used to redeem Outstanding Bonds pursuant to Section 2.03(B) hereof. The City will not include in any calculation of the amount of any Special Tax Prepayment for any parcel of taxable property in the District a proportionate amount of the amount then on deposit in the Reserve Fund, if at the time of such calculation the amount on deposit in the Reserve Fund is less than the Reserve Requirement. Section 5.14. Continuing Disclosure. The City hereby covenants and agrees that they will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Section 5.15. Accountability Measures. The City shall comply with the requirements of Section 53410 of the California Government Code with respect to the deposit and expenditure of the Proceeds of the sale of the Bonds and shall cause the appropriate officer of the City to file a report with the City Council no later than January 31, 2024, and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code with respect to the expenditure of the Proceeds. ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE CITY Section 6.01. Deposit and Investment of Moneys in Funds. Subject in all respects to the provisions of Section 6.02 hereof, moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Officer’s Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer’s Certificate, the Fiscal Agent shall hold funds uninvested. The Fiscal Agent shall not have any responsibility for determining the legality of any Permitted Investments. The Fiscal Agent shall have no obligation to pay additional interest or maximize investment income on any       Packet Pg. 1788 55600.00927\41014639.3 33 funds held by it. Neither the City nor the Owners of the Bonds shall have any claim of any kind against the Fiscal Agent in connection with investments properly made pursuant to this Section 6.01. Obligations purchased as an investment of moneys in any fund or account shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of Investment Earnings in funds and accounts. The Fiscal Agent and its affiliates may act as sponsor, advisor, depository, principal or agent in the holding, acquisition or disposition of any investment. The Fiscal Agent shall not incur any liability for losses arising from any investments made pursuant to this Section 6.01. For purposes of determining the amount on deposit in any fund or account held hereunder, all Permitted Investments or investments credited to such fund or account shall be valued at the cost thereof (excluding accrued interest and brokerage commissions, if any). Subject in all respects to the provisions of Section 6.02 hereof, investments in any and all funds and accounts may be commingled in a single fund for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent hereunder, provided that the Fiscal Agent shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. The Fiscal Agent shall sell or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited, and the Fiscal Agent shall not be liable or responsible for any loss resulting from the acquisition or disposition of any such investment security in accordance herewith. The City acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the City or the District the right to receive brokerage confirmations of securities transactions as they occur, the City for itself and the District specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent shall furnish the City periodic cash transaction statements which include detail for all investment transactions made by the Fiscal Agent hereunder. The Fiscal Agent may make any investments hereunder through its own bond or investment department or trust investment department, or those of its parent or any affiliate. Section 6.02. Rebate Fund; Rebate to the United States. There is hereby created, to be held by the Fiscal Agent, as a separate account distinct from all other funds and accounts held by the Fiscal Agent under this Agreement, the Rebate Fund. The Fiscal Agent shall, in accordance with written directions received from an Authorized Officer, deposit into the Rebate Fund moneys transferred by the City to the Fiscal Agent pursuant to the Rebate Certificate or moneys transferred by the Fiscal Agent from the Reserve Fund. The Rebate Fund shall be held either uninvested or invested only in Federal Securities at the written direction of the City. Moneys on deposit in the Rebate Fund shall be applied only to payments made to the United States, to the extent such payments are required by the Rebate Certificate. The Fiscal Agent shall, upon written request and direction of the City, make such payments to the United States.       Packet Pg. 1789 55600.00927\41014639.3 34 The Fiscal Agent may rely conclusively upon the City’s determinations, calculations and certifications required by this Section. The Fiscal Agent shall have no responsibility to independently make any calculation or determination or to review the City’s calculations hereunder. The Fiscal Agent’s sole responsibilities under this Section 6.02 are to follow the written instructions of the City pertaining hereto. The City shall be responsible for any fees and expenses incurred by the Fiscal Agent pursuant to this Section 6.02. The Fiscal Agent shall, upon written request and direction from the City, transfer to or upon the order of the City any moneys on deposit in the Rebate Fund in excess of the amount, if any, required to be maintained or held therein in accordance with the Rebate Certificate. Section 6.03. Liability of City. The City shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The City shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The City shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds. In the absence of bad faith, the City may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the City and conforming to the requirements of this Agreement. The City shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the City to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of and of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The City may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The City may consult with counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Agreement the City shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the City, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent, and such certificate shall be full warranty to the City for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the City may, in lieu thereof,       Packet Pg. 1790 55600.00927\41014639.3 35 accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.04. Employment of Agents by City. In order to perform its duties and obligations hereunder, the City may employ such persons or entities as it deems necessary or advisable. The City shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. ARTICLE VII THE FISCAL AGENT Section 7.01. Appointment of Fiscal Agent. U.S. Bank Trust Company, National Association is hereby appointed Fiscal Agent, registrar and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section 7.01, shall be the successor to the Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The City may, upon a 30-day notice of removal, remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank, national banking association, corporation or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least $50,000,000, and subject to supervision or examination by federal or state authority. If such bank, national banking association, corporation or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank, national banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section 7.01 within forty-five (45) days after the Fiscal Agent shall have given to the City written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent, at the expense of the City, or any Owner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may       Packet Pg. 1791 55600.00927\41014639.3 36 thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. Section 7.02. Liability of Fiscal Agent. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the City and the District, and the Fiscal Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, nor shall the Fiscal Agent incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be liable for any error of judgment made in good faith by the Fiscal Agent unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers. The Fiscal Agent shall not be responsible for accounting for, or paying to, any party to this Agreement, including, but not limited to the City and the Owners, any returns on or benefit from funds held for payment of unredeemed Bonds or outstanding checks and no calculation of the same shall affect, or result in any offset against, fees due to the Fiscal Agent under this Agreement. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Fiscal Agent may become the owner of the Bonds with the same rights it would have if it were not the Fiscal Agent.       Packet Pg. 1792 55600.00927\41014639.3 37 All indemnification and releases from liability granted herein to the Fiscal Agent shall extend to the directors, officers and employees of the Fiscal Agent. The Fiscal Agent shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Agreement and delivered using Electronic Means (“Electronic Means” shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Fiscal Agent, or another method or system specified by the Fiscal Agent as available for use in connection with its services hereunder); provided, however, that the City shall provide to the Fiscal Agent an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the City whenever a person is to be added or deleted from the listing. If the City elects to give the Fiscal Agent Instructions using Electronic Means and the Fiscal Agent in its discretion elects to act upon such Instructions, the Fiscal Agent’s understanding of such Instructions shall be deemed controlling. The City understands and agrees that the Fiscal Agent cannot determine the identity of the actual sender of such Instructions and that the Fiscal Agent shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Fiscal Agent have been sent by such Authorized Officer. The City shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Fiscal Agent and that the City and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the City. The Fiscal Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Fiscal Agent’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The City agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Fiscal Agent, including without limitation the risk of the Fiscal Agent acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Fiscal Agent and that there may be more secure methods of transmitting Instructions than the method(s) selected by the City; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Fiscal Agent immediately upon learning of any compromise or unauthorized use of the security procedures. The permissive right of the Fiscal Agent to do things enumerated in this Agreement shall not be construed as a duty and it shall not be answerable for other than its negligence or willful misconduct. The Fiscal Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, affiliates, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder, and the Fiscal Agent shall not be answerable for any willful misconduct or negligence on the part of any attorney, agent or receiver selected by it with reasonable care.       Packet Pg. 1793 55600.00927\41014639.3 38 Section 7.03. Information. The Fiscal Agent shall provide to the City such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the City shall reasonably request, including, but not limited to, quarterly statements reporting funds held and transactions by the Fiscal Agent. Section 7.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Fiscal Agent may consult with counsel, who may be counsel to the City, with regard to legal questions, and the advice or opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Fiscal Agent hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of the City, and such certificate shall be full warranty to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 7.05. Compensation, Indemnification. The City shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, fees and other disbursements, including those of its attorneys, agents and employees, incurred in and about the performance of its powers and duties under this Agreement, and the Fiscal Agent shall have a first priority lien therefor on any funds at any time held by it in the Administrative Expense Fund, and the Fiscal Agent shall pay and reimburse all expenses, charges, fees and other disbursements, including those of its attorneys, agents and employees, incurred in connection therewith from the funds held by it in the Administrative Expense Fund. The City further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents, harmless against any liabilities, costs, claims, expenses or charges of any kind whatsoever (including fees and expenses of its attorneys) which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the City under this Section 7.05 shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agreement. Section 7.06. Books and Accounts. The Fiscal Agent shall keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions made by it to the expenditure of amounts disbursed from the Bond Fund, the Special Tax Fund, the Administrative Expense Fund, the Reserve Fund and the Costs of Issuance Fund. Such books of record and accounts shall, upon reasonable notice, at all times during business hours be subject to the inspection of the City and the Owners of not less than ten percent (10%) of the aggregate principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing.       Packet Pg. 1794 55600.00927\41014639.3 39 ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT Section 8.01. Amendments Permitted. (A) This Agreement and the rights and obligations of the District and the City and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of the Owners, or with the written consent, without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.04 hereof. No such modification or amendment shall (i) extend the maturity of any Bond or the time for paying interest thereon, or otherwise alter or impair the obligation of the City on behalf of the District to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation of any pledge of or lien upon the Special Tax Revenues, or the moneys on deposit in the Special Tax Fund, the Bond Fund or the Reserve Fund, superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California and this Agreement), (iii) reduce the percentage of Bonds required for the amendment hereof, or (iv) reduce the principal amount of or redemption premium on any Bond or reduce the interest rate thereon. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The Fiscal Agent shall be furnished an opinion of counsel that any such Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Section 8.01 and the Fiscal Agent may conclusively rely on such opinion. (B) This Agreement and the rights and obligations of the District and the City and the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (1) to add to the covenants and agreements of the City and the District in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the City and the District; (2) to make modifications not adversely affecting any Outstanding Bonds in any material respect; (3) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provisions of this Agreement, or in regard to questions arising under this Agreement, as the City and the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners; (4) to make such additions, deletions or modifications as may be necessary or desirable to assure compliance with Section 148 of the Code relating to required rebate of moneys to the United States or otherwise as may be necessary to assure exclusion from gross income for federal income tax purposes of interest on the Bonds or to conform with the Regulations; or       Packet Pg. 1795 55600.00927\41014639.3 40 (5) to provide for the issuance of Parity Bonds to pay and discharge the indebtedness of a portion of the Outstanding Bonds pursuant to Section 2.13 and Section 10.03 hereof. Section 8.02. Owners’ Meetings. The City may at any time call a meeting of the Owners. In such event, the City is authorized to fix the time and place of any such meeting and to provide for the giving of notice thereof and to fix and adopt rules and regulations for the conduct of the meeting. Section 8.03. Procedure for Amendment with Written Consent of Owners. The City and the Fiscal Agent may at any time enter into a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.01(A) hereof, to take effect when and as provided in this Section 8.03. A copy of the Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, postage prepaid, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of the Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such a Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 10.04 hereof. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the documents required by this Section 8.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article VIII) upon the City, the District and the Owners of all Bonds then Outstanding at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty (60)-day period.       Packet Pg. 1796 55600.00927\41014639.3 41 Section 8.04. Disqualified Bonds. Bonds owned or held for the account of the City, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or participate in any action provided for in this Article VIII. Upon request of the Fiscal Agent, the City shall specify to the Fiscal Agent those Bonds disqualified pursuant to this Section and the Fiscal Agent may conclusively rely on such certificate. Section 8.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Agreement of the City and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments. The City may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form approved by the City, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and upon presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the City may select and designate for that purpose, a suitable notation shall be made on such Bond. The City may determine that new Bonds, so modified as in the opinion of the City is necessary to conform to such action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for like Bonds then Outstanding, upon surrender of such Bonds. Section 8.07. Amendatory Endorsement of Bonds. The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. ARTICLE IX EVENTS OF DEFAULT AND REMEDIES Section 9.01. Events of Default. Any one or more of the following events shall be an Event of Default: (a) failure to pay any installment of principal of any Bonds when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption or otherwise; (b) failure to pay any installment of interest on any Bonds when and as the same shall become due and payable; or (c) other than as referred to in subsection (a) or (b), failure by the City, for and on behalf of the District, to observe or perform any covenant, condition, agreement or provision in this Agreement on its part to be observed or performed for a period of thirty (30) days after       Packet Pg. 1797 55600.00927\41014639.3 42 written notice, specifying such failure and requesting that it be remedied, has been given to the City by the Fiscal Agent or the Owners of 25% in aggregate principal amount of the Outstanding Bonds ; except that, if such failure can be remedied but not within such thirty (30) day period and if the City has taken all action reasonably possible to remedy such failure within such thirty (30) day period, such failure shall not become an Event of Default for so long as the City shall diligently proceed to remedy same. Section 9.02. Remedies of Owners. Upon the occurrence and continuance of an Event of Default, the Owners shall have the right to exercise all remedies contemplated under this Agreement as follows: (a) by mandamus or other action, suit, or proceeding at law or in equity to enforce the Owner's rights against the City, and its members, officers and employees, and to compel the City, and its members, officers and employees perform and carry out their duties under the Act and the agreements and covenants with the Owner contained herein; (b) by suit in equity to enjoin any acts or things that are unlawful or violate the rights of the Owners; or (c) by suit, action or proceeding in any court of competent jurisdiction, to require the City and its officers and employees, acting for and on behalf of the District, to account as if it and they were the trustees of an express trust. Section 9.03. Application of Special Taxes and Other Funds After Default. If an Event of Default shall occur and be continuing, all Special Taxes, including any penalties, costs, fees and other charges accruing under the Act, and any other funds then held or thereafter received by the Fiscal Agent under any of the provisions of this Agreement shall be applied by the Fiscal Agent as follows and in the following order: First, to the payment of any expenses necessary in the opinion of the Fiscal Agent to protect the interests of the Owners of the Bonds and payment of reasonable fees, charges, and expenses of the Fiscal Agent (including reasonable fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Agreement; Second, to the payment of the principal of and interest then due with respect to the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Agreement, as follows: (a) to the payment of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, without any discrimination or preference; and (b) to the payment of the unpaid principal of any Bonds which shall have become due, whether at maturity or by call for redemption, with interest on the overdue principal at the rate borne by the respective Bonds on the date of maturity or redemption, and, if the amount available shall not be sufficient to pay in full all the Bonds, together with such interest, then to the       Packet Pg. 1798 55600.00927\41014639.3 43 payment thereof ratably, according to the amounts of principal due on such date, without any discrimination or preference. Section 9.04. Restoration of Positions. In case any proceedings taken by the Owners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Owners, then in every such case the City and the Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers, and duties of the City and the Owners shall continue as though no such proceedings had been taken. Section 9.05. Rights and Remedies Cumulative. No right or remedy herein conferred upon or reserved to the Owners is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Section 9.06. Delay or Omission Not Waiver. No delay or omission of any Owners to exercise any right or remedy accruing upon an Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Agreement or by law to the Owners of the Bonds may be exercised from time to time, and as often as may be deemed expedient, by the Owners. ARTICLE X MISCELLANEOUS Section 10.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the City, the Fiscal Agent and the Owners, any right, remedy or claim under or by reason of this Agreement. Any covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the City shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 10.02. Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 10.03. Discharge of Agreement. If the City shall pay and discharge the indebtedness on all or a portion (a “Partial Discharge”) of the Outstanding Bonds in any one or more of the following ways: (A) by well and truly paying or causing to be paid the principal of and interest and any premium on such Bonds, as and when the same become due and payable;       Packet Pg. 1799 55600.00927\41014639.3 44 (B) by depositing with the Fiscal Agent, in trust, at or before maturity, an amount of money which, together with the amounts then on deposit in the Bond Fund (including all accounts therein), the Special Tax Fund and the Reserve Fund, or in the event of a Partial Discharge, the appropriate portion of such amounts, as determined by the City, is fully sufficient to pay such Bonds, including all principal, interest and redemption premiums, if any; or (C) by irrevocably depositing with the Fiscal Agent, in trust, cash or non- callable Defeasance Securities in such amount as the City shall determine, as confirmed by an Independent Financial Consultant, will, together with the interest to accrue thereon and amounts then on deposit in the Bond Fund (including all accounts therein), the Special Tax Fund and the Reserve Fund, or in the event of a Partial Discharge, the appropriate portion of such amounts, as determined by the City and confirmed by an Independent Financial Consultant, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates; and if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the City, and notwithstanding that any such Bonds shall not have been surrendered for payment, the pledge of the Special Tax Revenues and other funds provided for in this Agreement and all other obligations of the City and the District under this Agreement with respect to such Bonds shall cease and terminate, except the obligation of the City to pay or cause to be paid to the Owners of such Bonds not so surrendered and paid all sums due thereon, the obligation of the City to pay all amounts owing to the Fiscal Agent pursuant to Section 7.05 hereof, and the obligations of the City pursuant to the covenants contained in Section 5.10 hereof; and thereafter Special Taxes shall not be payable to the Fiscal Agent. Notice of such election shall be filed with the Fiscal Agent. The satisfaction and discharge of this Agreement as to all of the Outstanding Bonds shall be without prejudice to the rights of the Fiscal Agent to charge and be reimbursed by the City for the expenses which it shall thereafter incur in connection herewith. Any funds held by the Fiscal Agent to pay and discharge the indebtedness on such Bonds, upon payment of all fees and expenses of the Fiscal Agent, which are not required for such purpose, shall be paid over to the City. Section 10.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such a request, declaration or other instrument, or of a writing appointing such an attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such a notary public or other officer.       Packet Pg. 1800 55600.00927\41014639.3 45 Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registration books maintained by the Fiscal Agent pursuant to Section 2.08 hereof. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the City or the Fiscal Agent in good faith and in accordance therewith. Section 10.05. Waiver of Personal Liability. No member, officer, agent or employee of the City or the District shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 10.06. Notices to and Demands on City and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the City may be given or served by being deposited postage prepaid (first class, registered or certified) in a post office letter box addressed (until another address is filed by the City with the Fiscal Agent) as follows: City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Attn: Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City to or on the Fiscal Agent may be given or served by being deposited postage prepaid (first class, registered or certified) in a post office letter box addressed (until another address is filed by the Fiscal Agent with the City) as follows: U.S. Bank Trust Company, National Association Global Corporate Trust Services 633 West 5th Street, 24th Floor Los Angeles, CA 90071 Reference: San Bernardino City CFD 2018-2 Section 10.07. Partial Invalidity. If any section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held by a court of competent jurisdiction to be illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The City hereby declares that it would have executed and delivered this Agreement and each and every other section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 10.08. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payment of such principal, interest and premium have become       Packet Pg. 1801 55600.00927\41014639.3 46 payable, if such moneys were held by the Fiscal Agent at such date, shall be paid by the Fiscal Agent to the City as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Owners of such Bonds shall look only to the City for the payment of the principal of, and interest and any premium on, their Bonds. Section 10.09. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Section 10.10. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 10.11. Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. Section 10.12. Payment on Business Day. In any case where the date of the payment of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption is other than a Business Day, the payment of interest or principal (and premium, if any) need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required, and no interest shall accrue for the period from and after such date. Section 10.13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. (Signature page follows)       Packet Pg. 1802 55600.00927\41014639.3 S-1 IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its name on behalf of the District, and the Fiscal Agent, in acknowledgment of its acceptance of the trusts created hereunder, has caused this Agreement to be executed in its name, all as of __________ 1, 2023. CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA By: Barbara Whitehorn Agency Director of Administrative Services U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer -Signature Page- Fiscal Agent Agreement       Packet Pg. 1803 55600.00927\41014639.3 A-1 EXHIBIT A FORM OF BOND UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AS DEFINED IN THE FISCAL AGENT AGREEMENT) TO THE FISCAL AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY BOND AUTHENTICATED AND DELIVERED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. No. $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BOND INTEREST RATE MATURITY DATE DATED DATE CUSIP NO. __________, 2023 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of San Bernardino (the “City”), for and on behalf of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), for value received, hereby promises to pay, from the Special Taxes (as hereinafter defined) to be collected in the District or amounts in certain of the funds and accounts held under the Agreement (as hereinafter defined) to the registered owner named above, or registered assigns, on the maturity date specified above, the principal amount specified above, and to pay interest on such principal amount from [September 1, 2023], or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing [September 1, 2023] (“Interest Payment Dates”), at the interest rate specified above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable by check to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office of U.S. Bank Trust Company, National Association (the “Fiscal Agent”). Interest on this Bond shall be paid by check of the Fiscal Agent mailed by first class mail, postage prepaid,       Packet Pg. 1804 55600.00927\41014639.3 A-2 on each Interest Payment Date to the registered owner hereof as of the close of business on the fifteenth (15th) day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent; except that at the written request of the owner of at least $1,000,000 in aggregate principal amount of outstanding Bonds filed with the Fiscal Agent prior to the Record Date preceding any Interest Payment Date, interest on such Bonds shall be paid to such owner on such Interest Payment Date by wire transfer of immediately available funds to an account in the United States of America designated in such written request. This Bond is one of a duly authorized issue of bonds approved by the qualified electors of the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Mello-Roos Act”), for the purpose, among others, of financing the construction and acquisition of certain public facilities within and for the District, and is one of the series of Bonds designated “Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”), in the aggregate principal amount of $___________. The issuance of the Bonds and the terms and conditions thereof are provided for by a resolution adopted by the City Council of the City on __________, 2023 (the “Resolution”), and the Fiscal Agent Agreement, dated as of __________ 1, 2023, between the City and the Fiscal Agent (the “Agreement”), and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to the terms and conditions of the Resolution and the Agreement. The Resolution is adopted under, the Agreement is executed under, this Bond is issued under, and all are to be construed in accordance with, the laws of the State of California. Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and interest on the Bonds are payable from the annual levy of Special Taxes authorized under the Mello-Roos Act to be collected within the District (the “Special Taxes”) and are secured by a pledge of and first lien upon the revenues derived therefrom and certain funds held by the Fiscal Agent pursuant to the Agreement. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of its authentication, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from __________, 2023; provided, however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon, or from [September 1, 2023] if no interest has previously been paid or made available for payment hereon. Any tax for the payment hereof shall be limited to the Special Taxes, except to the extent that provision for payment has been made by the City as may be permitted by law. The Bonds do not constitute obligations of the City for which the City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than as described hereinabove.       Packet Pg. 1805 55600.00927\41014639.3 A-3 The City has covenanted for the benefit of the owners of the Bonds that (i) it will order, and cause to be commenced, judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by the October 1 following the close of the Fiscal Year in which such Special Taxes were due, and (ii) if the amount on deposit in the Reserve Fund is less than the Reserve Requirement it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by the October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than ninety-five percent (95%) of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. The Bonds are subject to redemption prior to their stated maturity dates at the option of the City on September 1, 2029, or any date thereafter, from such maturities as selected by the City (and by lot within any one maturity), in integral multiples of $5,000, at the option of the City from moneys derived by the City from any source, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price September 1, 20__ through August 31, 20__103% September 1, 20__ through August 31, 20__102 September 1, 20__ through August 31, 20__101 September 1, 20__ and any date thereafter 100 The Bonds are subject to mandatory redemption prior to their stated maturity dates on any Interest Payment Date, as selected among maturities by the City (and by lot within any one maturity), in integral multiples of $5,000, from moneys derived by the City from Special Tax Prepayments, at redemption prices (expressed as percentages of the principal amounts of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price Any Interest Payment Date through September 1, 20__103% March 1, 20__ and September 1, 20__102 March 1, 20__ and September 1, 20__101 September 1, 20__ and any Interest Payment Date thereafter 100 The outstanding Bonds maturing on September 1, 20__, September 1, 20__ and September 1, 20__ are subject to mandatory sinking fund redemption, in part, without premium, on September 1, 20__, September 1, 20__ and September 1, 20__, respectively, and on each September 1 thereafter to maturity as provided in the Agreement. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner and to the extent provided in the Agreement. From and after the date fixed for redemption, if funds available for the payment of the redemption prices of the Bonds selected for redemption shall have been deposited in the Bond Fund, such Bonds shall cease to be entitled to any benefit under the Agreement other than the right       Packet Pg. 1806 55600.00927\41014639.3 A-4 to receive payment of the redemption price, and interest shall cease to accrue on the Bonds to be redeemed on the redemption date specified in the notice of redemption. This Bond shall be registered in the name of the owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for that purpose and authenticated by the manual signature of an authorized signatory of the Fiscal Agent upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner or his duly authorized attorney, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof and interest hereon shall be payable only to the registered owner or to such owner’s order. The Fiscal Agent shall require the registered owner requesting transfer or exchange hereof to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. The Agreement and the rights and obligations of the City and the District thereunder may be modified or amended as set forth therein. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication hereon endorsed shall have been dated and manually signed on behalf of the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law.       Packet Pg. 1807 55600.00927\41014639.3 A-5 IN WITNESS WHEREOF, the City of San Bernardino, for Community Facilities District No. 2018-2 (Verdemont Ranch) thereof, has caused this Bond to be dated __________, 2023, and to be signed by the facsimile signature of the Mayor of the City and countersigned by the facsimile signature of the City Clerk. ATTEST: CITY OF SAN BERNARDINO for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA City Clerk of the City of San Bernardino Mayor of the City of San Bernardino       Packet Pg. 1808 55600.00927\41014639.3 A-6 CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-defined Agreement. Dated: ____________, 2023 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, Fiscal Agent By: Authorized Signatory       Packet Pg. 1809 55600.00927\41014639.3 A-7 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto ______________________________________________________________________________ (Name, Address and Tax Identification or _____________________________________________________________________________, Social Security Number of Assignee) the within registered Bond and hereby irrevocably constitute(s) and appoint(s) _________________________________ attorney, to transfer said Bond on the books of the Fiscal Agent, with full power of substitution in the premises. Dated: ____________________ NOTE: The signature(s) on this assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTE: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Fiscal Agent.       Packet Pg. 1810 55600.00927\32657046.7 COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) FUNDING AGREEMENT THIS AGREEMENT is made and entered into by and between CITY OF SAN BERNARDINO (the “City”), acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2018- 2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) (the “Community Facilities District” or “CFD”), SB17329, LLC, a Delaware limited liability company (“SB17329”), and VERDEMONT RANCH LLC, a Delaware limited liability company (“Verdemont”, together with “SB17329” referred to as the “Property Owners”), each individually a “Party” and collectively the “Parties.” WHEREAS, the City has formed the CFD pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), authorized special taxes and issuance of bonded indebtedness to finance certain public improvements to be owned, operated or maintained by the City and Incidental Expenses in accordance with the Act; and WHEREAS, in order to proceed in a timely way with development of the property within the Community Facilities District, which is attached as Exhibit “A” (the “Property”), the Property Owners desire to fund through the Community Facilities District (i) improvements included in the City’s fee programs (the “City Improvements”), as more particularly set forth and described in the Description of Cost Estimates attached hereto as Exhibit “B” and (ii) if applicable, any improvements unrelated to the City Improvements described and governed by the terms contained in Exhibit “E” hereto (the “Miscellaneous Improvements”) (collectively the “Improvements”); and WHEREAS, the City is authorized by the Act to form the CFD and to issue bonds to fund the Improvements; and WHEREAS, the City Council has adopted the City’s policies and procedures concerning the use of special district financing programs to finance City facilities (the “Policy”); and WHEREAS, the purpose of this Agreement is to constitute a formal understanding between the Property Owners and the City (pursuant to the requirements of Government Code Section 53313.51 and other provisions of the Act and the Policy) concerning financial and other obligations and responsibilities related to the Improvements to be financed by the Community Facilities District to the extent funds are available, and to set forth the conditions upon which (1) the Community Facilities District will fund the Improvements and (2) the Community Facilities District will also fund any Miscellaneous Improvements, if applicable, described in Exhibit “E.” NOW, THEREFORE, it is mutually agreed between the respective parties as follows: SECTION 1.PROPERTY OWNERS’ DEPOSIT At the request of the Property Owners, the City undertook proceedings to form the Community Facilities District. The Property Owners have advanced to the City $40,000 related to the costs of such formation proceedings, all of which shall be eligible for reimbursement from the CFD. The City will       Packet Pg. 1811 55600.00927\32657046.7 2 provide to the Property Owners on request a summary of how the advances have been spent and the unexpended balance remaining. The amounts advanced by the Property Owners and, to the extent determined reasonable and appropriate by the City, expenses incurred by the Property Owners for engineering consultant costs in connection with the formation proceedings of the Community Facilities District and the issuance of bonds, will be reimbursable to the Property Owners, without interest, from the proceeds of bonds (the “Bonds”) issued by the Community Facilities District. In the event that Bonds are not issued to provide a source of reimbursement to the Property Owners, the City shall not have any liability to the Property Owners to reimburse it for any of the amounts previously advanced by the Property Owners and expended by the City. Prior to the issuance of the Bonds, the City will request a final advance for any unpaid expenses incurred during preparatory technical, financial and legal work; and following payment of such expenses, the City shall promptly release the balance, if any, of the advance to the Property Owners. Should the City’s expenses exceed the remaining balance, the City will bill the Property Owners for the difference, which Property Owners agree to pay within 10 days following receipt of such billing, subject to the conditions of paragraph one of this section. SECTION 2.SALE OF BONDS 2.1 City Policy and Requirements for the Issuance of Bonds. The City Council has adopted the Policy, setting forth the City’s policies and procedures concerning the use of special district financing programs to finance the City Improvements. Pursuant to the Policy, the total annual amount of the special taxes to be collected with respect to a parcel within the CFD and all other taxes and assessments which will be collected with respect to such parcel must not exceed two percent (2%) of the greater of the assessed value, appraised value, or actual closed home price of such parcel within the Community Facilities District upon the completion of all expected structural improvements to such parcel. The parties hereby agree that, unless waived by the City, at the time of issuance of the Bonds, the following requirements shall be met: (1) the ratio of the value of all parcels of property for which the Bonds are being issued to the amount of outstanding community facilities district or assessment district bonds attributable to such parcels (the “Value-to-Lien Ratio”) may not be less than three-to- one (3:1) and (2) at least 50% of the proposed residential units (i.e., 37 units) within the Community Facilities District shall have been completed and conveyed to individual homeowners. The fair market value of the property within the Community Facilities District for purposes of determining the foregoing ratio will be determined based on the assessed value of the property or the appraised value of the property based on the appraisal made by an appraiser selected by the City with a valuation date within three (3) months of the issuance of the Bonds. Subject to satisfaction of the Policy, the recommendations of the City’s appraiser, underwriter and municipal advisor, and the requirements of this Agreement, the City shall use its best efforts to issue and sell the Bonds in one or more series in an amount sufficient to fund the City Improvements in accordance with the schedule for development of the Property. 2.2 Security for Payment of Special Taxes. (a) Concurrently with the issuance and sale of each series of the Bonds, the owner of any land within the Community Facilities District, together with land owned by any affiliate (collectively, an “Account Party”), for which the expected levy of the Special Tax (as defined in the Rate and Method of Apportionment of Special Tax for the Community Facilities District (the “Rate and Method)) in the       Packet Pg. 1812 55600.00927\32657046.7 3 fiscal year following the fiscal year in which the Bonds are issued are equal to or exceed 20% of the total expected Special Tax levy for such fiscal year, shall deliver to the City, a security deposit equal to the expected Special Tax levy of the Property Owners based on current ownership for Fiscal Year 2023-24 and Fiscal Year 2024-25 (the “Deposit”). The Deposit shall be sent to the City and deposited into a special tax fund held by the City (the “Deposit Special Tax Fund”). The City shall use the Deposit if there is a delinquency on the Property Owners’ Special Tax levy payments. Upon the close of escrow of 65 homes to individual homeowners in the District, the City will release any remaining funds in the Deposit Special Tax Fund to the Property Owners. 2.3 Major Landowner Initial and Continuing Disclosure. An owner of land which is responsible for twenty percent (20%) or more of the Special Tax in the fiscal year in which the Bonds are issued or in the fiscal year following the fiscal year in which the Bonds are issued (a “Major Landowner”) will be required to provide all information regarding the development of its property, including the financing plan for such development, which is necessary to ensure that the official statement for such Bonds complies with the requirements of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and all other applicable federal and state securities laws. Additionally, the Property Owners acknowledges that, if they are a Major Landowner at the time of issuance of the Bonds, it will be necessary that the Property Owners deliver a continuing disclosure certificate (in the form attached to the Official Statement) to provide such continuing disclosure pertaining to the development of the land owned by the Property Owners within the Community Facilities District as necessary to assist the underwriter in complying with the continuing disclosure requirements of the Rule and/or to assist in the marketing of the Bonds. 2.4 Bond Issuance Parameters. The terms and conditions upon which each series of the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing of the Bonds shall be determined solely by the City in its reasonable discretion in conformance with the requirements of Government Code Section 53313.5, the Act, the Policy, and this Agreement. The Bonds shall be issued with a term not to exceed 35 years and annual debt service on the Bonds shall be permitted to escalate by one percent (1%) per year consistent with the annual escalation of the Special Tax. The proceeds of the Bonds shall be used in the following priority to (1) fund a reserve fund for the payment of principal and interest with respect to the Bonds in an amount equal to the least of (i) ten percent (10%) of the total bond issue, (ii) maximum annual debt service on Bonds, or (iii) 125% of average annual debt service; (2) fund up to eighteen (18) months of capitalized interest; (3) pay for costs of issuance of the Bonds including, without limitation, underwriter’s discount, bond counsel and disclosure counsel fees, appraisal and special tax consultant fees, municipal advisor fees, printing, and fiscal agent fees; (4) pay for the costs of forming the Community Facilities District and any change proceedings for the Community Facilities District; and (5) pay for the actual costs of the City Improvements. The Community Facilities District shall maintain records relating to the disbursements of proceeds of the sale of the Bonds. The Indenture of Trust (hereinafter “Indenture”) for the Bonds shall establish an acquisition and construction fund or improvement fund (herein, the “Improvement Fund”) into which shall be deposited initially the proceeds of the Bonds net of the amount of proceeds required to fund items (1) through (4) in the second preceding sentence. The Indenture shall also establish separate accounts of the Improvement Fund designated the “City Improvements Account”, and any Miscellaneous Improvement Accounts described in Exhibit “E” if applicable, into which shall be deposited such portions of the Improvement Fund as directed by the City and in writing at or subsequent to the closing of the sale of the Bonds consistent with the following priorities:       Packet Pg. 1813 55600.00927\32657046.7 4 (a) An amount sufficient to fund the reasonable, current estimated cost of the City Improvements anticipated to be funded out of the Bonds being issued shall be deposited in the City Improvements Account; (b) If applicable, an amount sufficient to fund the reasonable, current estimated cost of any Miscellaneous Improvements anticipated to be funded out of the Bonds being issued shall be deposited in the applicable Miscellaneous Account(s), if any, described in Exhibit “E” hereto. The Indenture shall provide that amounts remaining in the Improvement Fund after funding all proposed Improvements or sooner, as specified by the City, shall be deposited in the special tax fund or bond service fund and be applied to pay debt service on the Bonds and/or to call Bonds in advance of maturity. SECTION 3.ALLOCATION OF SPECIAL TAXES Prior to the issuance of Bonds, the City Council of the City, acting as the legislative body of the Community Facilities District, shall levy Special Taxes at the assigned special tax rate on all parcels classified as Developed Property pursuant to the Rate and Method. Such Special Taxes collected by the City shall first be applied to fund annual administrative expenses of the Community Facilities District and then to fund Improvements in the same manner as the proceeds of Bonds as set forth in Section 5 and Section 6 below. Upon sale and delivery of the Bonds, the City shall annually levy the Special Tax as provided for in documents pursuant to which the Bonds were issued. Following the issuance of the Bonds, the City shall have no obligation to levy Special Taxes to reimburse the Property Owners for the costs of any Improvements not paid for from Bond proceeds. The entire amount of any Special Tax levied by the Community Facilities District to repay the Bonds and recover costs and expenses allowable pursuant to Government Code Section 53313.5, shall be allocated to the Community Facilities District. SECTION 4.NOTICE OF SPECIAL TAX The Property Owners, or Property Owners’ successors or assigns, shall provide written notice to all potential purchasers of lots advising of the special tax obligation applicable to the Property in the form required by Section 53341.5 of the Government Code. A sample copy as prepared by the Property Owners is attached as Exhibit “C.” SECTION 5.CITY IMPROVEMENTS The Property Owners may be required pursuant to the conditions of development or the fee ordinance to pay certain City fees (the “City Fees”) relating to the Improvements prior to the availability of proceeds of the Bonds to pay for such Improvements. In the event such City Fees are paid prior to the availability of Bond proceeds, the amounts paid to the City shall be deemed to be deposits (each a “Deposit”) that are subject to refund by the City to the Property Owners in accordance with this Agreement. The City shall place each Deposit in a capital facilities account(s). If the Property Owners have made any Deposits to the City, then following deposit of Bond proceeds in the City Improvements Account, the City shall return to the Property Owners, from the capital account in which the Deposits were deposited the Deposits not previously returned, without interest or other earnings thereon. The City shall be so obligated to return such Deposits only to the extent that an equivalent amount of the Deposits to be returned is deposited in the City Improvements Account from Bond proceeds.       Packet Pg. 1814 55600.00927\32657046.7 5 Bond proceeds used to finance Improvements which relate to the City Fees shall be allocated first for return of all Deposits prior to being allocated to the payment of City Fees not previously deposited by the Property Owners. Any Deposits that have not been returned to the Property Owners at the time it is determined that there will be no further Bond proceeds available (i.e. the final series of Bonds to finance the City Improvements have been issued) shall be retained by the City and may be used for the purposes for which the City Fee was required, and the unrefunded Deposits shall constitute full and final payment for such City Fees, without any increase of any kind. Any City Fees paid (as Deposits) by the Property Owners shall be made with the understanding that such Deposits will be returned to the Property Owners if, and when, Bond proceeds have been deposited to the City Improvements Account. The City shall expend any amounts disbursed to it from the City Improvements Account on capital facilities. The payment of Deposits prior to the availability of the Bond proceeds shall not be construed as a dedication or gift of the City Fees, or a waiver of the return of the Deposits, it being the intention that the City Fees be paid by Bond proceeds to the extent of the Bond proceeds. SECTION 6.MISCELLANEOUS IMPROVEMENTS. Improvements unrelated to the City Improvements, if applicable, will be supplemented by the terms contained in an addendum which will appear as Exhibit “E” hereto. The amounts deposited in the applicable Miscellaneous Improvement Account(s), if any, will be disbursed for the acquisition or construction of Miscellaneous Improvements in accordance with the provisions in the applicable Joint Community Facilities Agreement(s), if any. Any amounts in the applicable Miscellaneous Improvement Account(s) shall be disbursed at the written direction of the City upon Property Owners’ submittal of an addendum which will appear as the applicable entity’s Certificate and the Disbursement Request Form provided for in the Joint Community Facilities Agreement(s). Upon receipt of the Disbursement Request Form, the City shall submit a written requisition for payment of the requested amount to trustee for the Bonds pay the amount requested to the applicable entity. SECTION 7.INDEPENDENT CONTRACTOR In performing this Agreement, the Property Owners are independent contractors and not the agent of the City. The City shall not have any responsibility for payment to any contractor or supplier of the Property Owners. It is not intended by the parties that this Agreement create a partnership or joint venture among them and this Agreement shall not otherwise be construed. SECTION 8.INDEMNIFICATION The Property Owners shall assume the defense of, indemnify and hold harmless, the City, its officers, employees and agents, and the Community Facilities District, its officers, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subject or put, by reason of, or resulting from the Property Owners’ performance of its obligations under this Agreement, the issuance of the Bonds, the construction of the Improvements, the failure of the Property Owners to provide notice of the special tax to be levied by the Community Facilities District pursuant to Section 53341.5 of the Act (but only if the Property Owners are required by law to provide such notice), or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Property Owners, their officers, directors, employees or agents to the City, the Community Facilities District, the underwriter of the Bonds and its counsel, the appraiser, the special tax consultant, the market absorption consultant or bond counsel regarding       Packet Pg. 1815 55600.00927\32657046.7 6 the Property Owners, their proposed developments, its property ownership, and any contractual arrangement it may enter into in a disclosure document describing the Community Facilities District and the risks relating to the Bonds. No provision of this Agreement shall in any way limit the extent of the Property Owners’ responsibility for payment of damages resulting from the operations of the Property Owners and their contractors; provided, however that the Property Owners shall not be required to assume the defense or indemnify and hold harmless the City, its officers, employees or agents, or the Community Facilities District, its officers, employees or agents, as to actions, damages, claims, losses or expenses resulting from negligence or willful misconduct of such person or entity. SECTION 9.CONFLICT WITH OTHER AGREEMENTS Except as specifically provided herein, nothing contained herein shall be construed as releasing the Property Owners from any condition of development or requirement imposed by any other agreement with City. In the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by City. SECTION 10.TERMINATION The provisions of this Agreement related to the financing of the Improvements shall terminate and be of no further force or effect if the first series of Bonds are not sold within ten years from the date of this Agreement unless extended by agreement of all the parties. If the City is unable to sell the first series of Bonds after diligent, commercially reasonable efforts to do so, this Agreement shall terminate and be of no further force and effect. SECTION 11.NOTICES Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy- two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid. Any notice to the Community Facilities District or the City shall be addressed to City of San Bernardino, 290 North D Street, San Bernardino, CA 92401, Attention: Director of Finance. Any notice to the Property Owners shall be sent to 434 North 2nd Avenue, Upland, CA 91786, Attention: Arlene Anaya. Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party hereto. SECTION 12.GENERAL PROVISIONS (a) Amendment. This Agreement may be amended at any time but only in writing signed by each party hereto. (b) Entire Agreement. This Agreement, and the agreements referenced herein, contains the entire understanding and agreement between the parties with respect to the matters provided for herein and supersedes all prior agreements and negotiations between the parties with respect to the subject matter of this Agreement. There are no oral or written representations, understanding, undertakings or agreements which are not contained or expressly referred to herein, and any such representations, understandings or agreements are superseded by this Agreement. This Agreement shall be binding upon, and enforceable by and against the Community Facilities District.       Packet Pg. 1816 55600.00927\32657046.7 7 (c) Exhibits. All exhibits attached hereto are incorporated into this Agreement by reference. (d) Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. (e) Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other parties hereto, or the failure by a party to exercise its rights upon the default of another party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by such other parties with the terms of this Agreement thereafter. (f) No Third Party Beneficiaries. Except as provided explicitly in this Agreement, no person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City, the Community Facilities District, and the Property Owners (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. (g) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. (h) Assignment. The Property Owners may assign all or any of its rights pursuant to this Agreement to a purchaser of all or any portion of the Property. Such a purchaser and assignee shall, as a condition to taking an assignment of such rights, enter into an assignment and assumption agreement with the City and the Property Owners, in a form reasonably acceptable to the Property Owners and the City, whereby such rights assigned are specified and such purchaser agrees, except as may be otherwise specifically provided therein, to assume the obligations of the Property Owners pursuant to this Agreement and to be bound thereby. (i) Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. (j) Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City and the Property Owners and shall be deemed for all purposes to have been jointly drafted by the City and the Property Owners. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. (k) Attorneys’ Fees. In the event of any action or proceeding, including an arbitration or a reference pursuant to Section 638, et seq., of the Code of Civil Procedure brought by any Party against any other under this Agreement, the prevailing Party shall be entitled to recover its actual attorneys’ fees and all fees, costs and expenses incurred for prosecution, defense, consultation, or advice in such action or proceeding. In addition to the foregoing, the prevailing Party shall be entitled to its actual attorneys’ fees and all fees, costs and expenses incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. (l) Venue and Forum. Any action at law or in equity arising under this Agreement brought by any Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San       Packet Pg. 1817 55600.00927\32657046.7 8 Bernardino, State of California, and the Parties waive all provisions of law providing for the filing, removal or change of venue to any other Court. (m) Entire Agreement. Except as provided in an addendum, which if applicable, will appear as Exhibit “E” hereto, this Agreement sets forth and contains the entire understanding and agreement of the parties. There are no oral or written representations, understandings, undertaking or agreements, which are not contained or expressly referred to herein, and any such representations, understandings or agreements are superseded by this Agreement. No evidence of any such representations, understandings or agreements shall be admissible in any proceeding of any kind or nature relating to the terms or conditions of this Agreement, its interpretation or breach. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]       Packet Pg. 1818 55600.00927\32657046.7 S-1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. Dated: _________, 2023 CITY OF SAN BERNARDINO, a political subdivision of the State of California By: Barbara Whitehorn Agency Director of Administrative Services ATTEST: By: Genoveva Rocha, City Clerk APPROVED AS TO FORM: CITY ATTORNEY OF THE CITY OF SAN BERNARDINO By: Sonia R. Carvalho, City Attorney [SIGNATURES CONTINUED ON NEXT PAGE.]       Packet Pg. 1819 55600.00927\32657046.7 S-2 [SIGNATURE PAGE CONTINUED] SB17329, LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager VERDEMONT RANCH LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager       Packet Pg. 1820 55600.00927\32657046.7 LIST OF EXHIBITS EXHIBIT A - DESCRIPTION OF PROPERTY EXHIBIT B - DESCRIPTION OF COST ESTIMATES EXHIBIT C - NOTICE OF SPECIAL TAX (as prepared by the Property Owners) EXHIBIT D - DISBURSEMENT REQUEST FORM EXHIBIT E - ADDENDUM       Packet Pg. 1821 55600.00927\32657046.7 A-1 EXHIBIT A DESCRIPTION OF PROPERTY LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Assessor Parcel Nos: 0261-771-01 through -028 0261-781-01 through -029 0261-791-01 through -017       Packet Pg. 1822 55600.00927\32657046.7 B-1 EXHIBIT B DESCRIPTION OF COST ESTIMATES The Improvements consist of the City Improvements, as described below. Any other types of Improvements will be described in an addendum to this Agreement appearing as Exhibit “E.” I. CITY IMPROVEMENTS. City facilities included in the City’s development fee programs used to finance expansion projects, exclusive of in-tract facilities constructed by a property owner, but including and not limited to the following. Estimated Cost of the City Improvements Description Estimated Cost Local Circulation Facilities $17,238 Regional Circulation Facilities 180,190 Storm Facilities 290,517 Law Facilities 47,291 Library Facilities 47,204 Aquatic Facilities 24,132 Public Meeting Facilities 80,626 Parkland and Open Space Facilities 704,322 Sewer Connection Facilities 157,920 Sewer Capacity Facilities 259,000 Water Facilities 424,020 Total Facilities $2,232,459       Packet Pg. 1823 55600.00927\32657046.7 C-1 EXHIBIT C NOTICE OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, CALIFORNIA TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY KNOWN AS: TRACT NO. ______, LOT NO. ____ THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE. (1) This property is subject to a special tax, which is in addition to the regular property taxes and any other charges, fees, special taxes, and benefit assessments on the parcel. It is imposed on this property because it is a new development and may not be imposed generally upon property outside of this new development. If you fail to pay this tax when due each year, the property may be foreclosed upon and sold. The tax is used to provide public facilities or services that are likely to particularly benefit the property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE FACILITIES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY. (2) The property you are purchasing (the “Property”) is within Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (“CFD”) and is subject to an annual Special Tax levied pursuant to the Rate and Method of Apportionment of Special Tax for the CFD (the “RMA”). The annual Maximum Special Tax which may be levied against the Property by the CFD to pay for public facilities during any given Fiscal Year will depend on whether the Property is classified as “Undeveloped Property”, “Approved Property” or “Developed Property” during the Fiscal Year for which the Special Tax is being levied. Pursuant to the RMA, Approved Property is defined as “all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before June 1st preceding the Fiscal Year in which the Special Tax is being levied”. Developed Property is defined, in pertinent parts, as “all Assessor’s Parcels of Taxable Property…(i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and (ii) a Building Permit for new construction was issued on or before June 1st preceding the Fiscal Year in which the Special Tax is being levied”. In each Fiscal Year prior to the first Fiscal Year in which Taxable Property is classified as Developed Property or Approved Property, the Property will be classified as Undeveloped Property. All capitalized terms not defined herein shall have meanings set forth in the RMA. Undeveloped Property If the Property is classified as Undeveloped Property in any given Fiscal Year, the annual Maximum Special Tax authorized to be levied against the Property by the CFD to pay for public facilities during such Fiscal Year shall be $10,299.92 per “Acre” as defined in the RMA. On July 1, commencing July 1, 2023, the Maximum Special Tax rate for Undeveloped Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year.       Packet Pg. 1824 55600.00927\32657046.7 C-2 Approved Property If the Property is classified as Approved Property in any given Fiscal Year, the annual Maximum Special Tax authorized to be levied against the Property by the CFD to pay for public facilities during such Fiscal Year shall be $10,299.92 per “Acre” as defined in the RMA. On July 1, commencing July 1, 2023, the Maximum Special Tax rate for Approved Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. Developed Property Once the Property is classified as Developed Property, the annual Maximum Special Tax authorized to be levied against the Property by the CFD to pay for public facilities during any given Fiscal Year shall be the greater of (i) the applicable annual Assigned Special Tax, based on the “Building Square Footage” of the Property, as defined in the RMA, and as determined by reference to Table 1 of the RMA, which is reproduced, in pertinent parts on the following page, or (ii) the Backup Special Tax of $2,821.99 per Unit. [Table 1 on following page]       Packet Pg. 1825 55600.00927\32657046.7 C-3 TABLE 1 Assigned Special Taxes for Developed Property Land Use Category Taxable Unit Residential Floor Area Assigned Special Tax Per Taxable Unit 1. Single Family Property D/U Less than 2,500 sq. ft. $2,644.78 2. Single Family Property D/U 2,500 sq. ft. to 2,800 sq. ft.$2,790.06 3. Single Family Property D/U 2,801 sq. ft. to 3,100 sq. ft.$2,863.21 4. Single Family Property D/U Greater than 3,100 sq. ft.$2,979.63 On July 1, commencing July 1, 2023, the Assigned Special Tax rate for Developed Property and the Backup Special Tax shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. Pursuant to the RMA, the Backup Special Tax shall only be levied against the Property, if necessary, to satisfy the “Special Tax Requirement”, as defined in the RMA, for the applicable Fiscal Year. For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2059-2060 Fiscal Year, however, the Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD have been paid; (ii) all authorized facilities of the CFD have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes remain uncollected and (iv) all other obligations of the CFD have been satisfied. (3) The authorized facilities which are being paid for by the Special Taxes, and the money received from the sale of Bonds which are being repaid by the Special Taxes, are (a) paying for the cost of the purchase, modification, expansion, rehabilitation and/or improvement of drainage, water, sewer, library, park, roadway and roadway improvements, aquatic facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended, and (b) to finance the incidental expenses to be incurred. These facilities may not yet have been all constructed or acquired and it is possible that some may never be constructed or acquired. YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE CFD, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM CITY OF SAN BERNARDINO BY CALLING (909) 384-5242. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT. I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDER, OR AGENT SELLING THE PROPERTY. Dated: ___________ By: ____________________________________ Name: ____________________________________ Dated: ___________ By: ____________________________________ Name: ____________________________________       Packet Pg. 1826 55600.00927\32657046.7 D-1 EXHIBIT D CFD NO. 2018-2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) DISBURSEMENT REQUEST FORM 1. Community Facilities District No. 2018-2 of the City of San Bernardino (Verdemont Ranch) of (the “CFD”) is hereby requested to pay from the ________________________ Account, or any applicable account or sub-account thereof, established by the CFD in connection with its 2023 Special Tax Bonds (the “Bonds”) to City of San Bernardino (the “City”) as payee, the sum set forth below : $_____________________ (the Requested Amount”) 2. The Requested Amount represents the payment of City Fees for ___ lot(s) within the boundaries of the CFD (the “Property”). (Tract No. __________, Lot Nos. ________________). 3. The Requested Amount is due and payable, has not formed the basis of any prior request or disbursement. 4. The Requested Amount shall be payable to _______________ (the “Property Owners”), pursuant to the wiring instructions attached hereto. 5. The Requested Amount is authorized and payable pursuant to the terms of the certain Funding Agreement (the “Agreement”) between the City, acting for and on behalf of itself and the CFD and the Property Owners. 6. Capitalized undefined terms used herein shall have the meaning ascribed to them in the Agreement.       Packet Pg. 1827 55600.00927\32657046.7 D-2 Dated: PROPERTY OWNERS: SB17329, LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager VERDEMONT RANCH LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager Dated: CITY OF SAN BERNARDINO By: Its: [ATTACH WIRING INSTRUCTIONS]       Packet Pg. 1828 55600.00927\32657046.7 E-1 EXHIBIT E ADDENDUM DESCRIPTION AND COST ESTIMATES OF THE MISCELLANEOUS IMPROVEMENTS [Not Applicable]       Packet Pg. 1829 55600.00927\41173820.2 -1- AGREEMENT PROVIDING FOR ADDITIONAL SECURITY FOR COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO THIS AGREEMENT (the “Agreement”) is entered into as of the __ day of ______, 2023 by and between THE CITY OF SAN BERNARDINO (the “City”), acting for and on behalf of itself and the COMMUNITY FACILITIES DISTRICT NO. 2018-2 OF THE CITY OF SAN BERNARDINO (VERDEMONT RANCH) (the “District”), SB17329, LLC, a Delaware limited liability company (“SB17329”), and VERDEMONT RANCH LLC, a Delaware limited liability company (“Verdemont”, together with “SB17329” are referred to as the “Property Owners”). R E C I T A L S A. City and the Property Owners have entered into that certain Funding Agreement (the “Funding Agreement”) dated as of ________, 2023, to finance the construction and acquisition of certain public facilities described therein. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Funding Agreement. B. The purpose of this Agreement is to provide for the advance of funds by the Property Owners of a cash deposit to the City in the event that the Property Owners fail to pay Special Taxes on the Property and cause a shortfall in proceeds of the Special Taxes for the parcels listed in Exhibit A, attached hereto (the “Parcels”). IT IS AGREED AS FOLLOWS: Section 1. Deposit and Payment of Costs. (a) Delivery of Deposit. Prior to the posting of the preliminary official statement regarding the issuance of bonds for Community Facilities District No. 2018-2 (Verdemont Ranch) (“Bonds”), the Property Owners agree to deliver to the City a cash deposit of $133,797.00 (the “Deposit”) into a non-interest bearing special tax fund (the “Deposit Special Tax Fund”) held by the City. The Deposit was calculated to approximate the Special Tax levy of the Property Owners based on current and expected ownership at the time of bond approval for Fiscal Year 2023- 24 and Fiscal Year 2024-25. (b) Use of Deposit. The Deposit will be applied to Special Tax payments of the Property Owners only if there is a delinquency in Property Owners’ payment of the Special Taxes applicable to the Parcels and for no other purpose. (c) Release of Deposit. Within 30 days following the close of escrow of 65 homes to individual homeowners in the District and delivery to the City of a report providing evidence of the property transfers, the City will release any remaining funds in the Deposit Special Tax Fund to the Property Owners. (d) Reimbursement. All amounts drawn pursuant to this Agreement shall be reimbursed from the proceeds of Special Taxes received with respect to the Parcels, without interest in a manner consistent with the Fiscal Agent Agreement and the       Packet Pg. 1830 55600.00927\41173820.2 -2- Funding Agreement. The City is obligated to make such reimbursements solely from the Special Taxes paid with respect to such Parcels and not from any other funds of the City nor the proceeds of any bonds issued by the District. Section 2. Notices. Any written notice, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth in the Funding Agreement. [Signature Page Follows]       Packet Pg. 1831 55600.00927\41173820.2 S-1 IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the date first above written. Dated:SB17329, LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager VERDEMONT RANCH LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager Dated:CITY OF SAN BERNARDINO, a political subdivision of the State of California By: Name: Barbara Whitehorn Agency Director of Administrative Services ATTEST: By: Genoveva Rocha, City Clerk       Packet Pg. 1832 55600.00927\41173820.2 S-1 APPROVED AS TO FORM: CITY ATTORNEY OF THE CITY OF SAN BERNARDINO By: Sonia R. Carvalho, City Attorney -Signature Page- Agreement Providing for Additional Security       Packet Pg. 1833 55600.00927\41173820.2 B-1 EXHIBIT A PARCELS Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Assessor Parcel Nos: 0261-771-01 through -028 0261-781-01 through -029 0261-791-01 through -017       Packet Pg. 1834 PRELIMINARY OFFICIAL STATEMENT DATED ________, 2023 NEW ISSUE - BOOK-ENTRY ONLY NO RATING In the opinion of Best Best & Krieger, LLP, Riverside, California (“Bond Counsel”), subject to certain qualifications described in this Official Statement, under existing statutes, regulations, rulings and judicial decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, the interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however for tax years beginning after December 31, 2022, interest on the Bonds is taken into account in determining the annual adjusted financial statement income of certain corporations for the purpose of computing the alternative minimum tax imposed on certain corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income tax. See “LEGAL MATTERS — Tax Exemption.” $2,855,000* COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS Dated: Date of Delivery Due: September 1, as shown on the inside front cover page The Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”) are being issued and delivered to (i) finance the construction and acquisition of public facilities to be owned and operated by the City of San Bernardino (the “City”), needed with respect to the development within Community Facilities District No. 2018-2 (Verdemont Ranch) of the City (the “District”), County of San Bernardino (“County”), State of California (the “State”), (ii) fund a reserve fund securing the Bonds, and (iii) pay costs of issuance of the Bonds. The District has been formed by the City and is located in the City and County. The Bonds are authorized to be issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State), and pursuant to a Fiscal Agent Agreement, dated as of _______ 1, 2023 (the “Fiscal Agent Agreement”), by and between the City, for and on behalf of the District, and U.S. Bank Trust Company, National Association as fiscal agent (the “Fiscal Agent”). The Bonds are special obligations of the City and the District and are payable solely from revenues derived from certain annual Special Taxes (as defined in this Official Statement) to be levied on and collected from the owners of certain taxable land within the District and from certain other funds pledged under the Fiscal Agent Agreement, all as further described in this Official Statement. The Special Taxes are to be levied according to the rate and method of apportionment for the District approved by the City Council of the City and the qualified electors within the District. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes” and APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” The City Council of the City is the legislative body of the District. The Bonds are issuable in fully registered form and when issued will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). Individual purchases may be made in integral multiples of $5,000 and will be in book-entry form only. Purchasers of Bonds will not receive certificates representing their beneficial ownership of the Bonds but will receive credit balances on the books of their respective nominees. The Bonds will not be transferable or exchangeable except for transfer to another nominee of DTC or as otherwise described in this Official Statement. Interest on the Bonds will be payable semiannually on each March 1 and September 1, commencing September 1, 2023. Principal of and interest on the Bonds will be paid by the Fiscal Agent to DTC for subsequent disbursement to DTC participants who are obligated to remit such payments to the beneficial owners of the Bonds. Additional bonds can be issued for refunding purposes only. See “THE BONDS — General Provisions,” “— Book-Entry Only System” and APPENDIX G — “INFORMATION CONCERNING DTC.” Neither the faith and credit nor the taxing power of the City, the County, the State or any political subdivision of such entities is pledged to the payment of the Bonds. Except for the Special Tax Revenues (as defined herein), no other taxes are pledged to the payment of the Bonds. The Bonds are special obligations of the City and the District payable solely from Special Tax Revenues and certain other amounts held under the Fiscal Agent Agreement as more fully described in this Official Statement. The Bonds are subject to optional redemption, mandatory redemption prior to maturity from special tax prepayments and mandatory sinking fund redemption as described in this Official Statement. See “THE BONDS — Redemption.” Investment in the Bonds involves risks that are not appropriate for certain investors. Certain events could affect the ability of the City to pay the principal of and interest on the Bonds when due. See the section of this Official Statement entitled “RISK FACTORS” for a discussion of certain risk factors that should be considered, in addition to the other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. This cover page contains certain information for general reference only. It is not intended to be a summary of the security or terms of this issue. Investors are advised to read the entire Official Statement to obtain information essential to the making of an informed investment decision. ____________________ MATURITY SCHEDULE (See Inside Cover Page) ____________________ The Bonds are offered when, as and if issued and accepted by Hilltop Securities Inc., the Underwriter, subject to approval as to their legality by Best Best & Krieger LLP, Riverside, California, Bond Counsel, and subject to certain other conditions. Certain legal matters will be passed on for the City and the District by the City Attorney and by Best Best & Krieger LLP, Riverside, California, as Disclosure Counsel, for the Underwriter by Kutak Rock LLP, Irvine, California, as counsel to the Underwriter, and for the Fiscal Agent by its counsel. It is anticipated that the Bonds in book-entry form will be available for delivery to DTC in New York, New York, on or about ________, 2023. [UNDERWRITER LOGO] Dated: ______, 2023 * Preliminary, subject to change.This Preliminary Official Statement and the information contained herein are subject to completion or amendment. These securities may not be sold nor may offers to buy be accepted prior to the time the Official Statement is delivered in final form. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation, or sale would be unlawful prior to registration or qualification under the securities laws of such jurisdiction.      Packet Pg. 1835 MATURITY SCHEDULE $2,855,000* COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS Base CUSIP No.† _______ Maturity Date (September 1) Principal Amount Interest Rate Yield Price CUSIP†© $______ _____% Term Bonds due September 1, 20__ Yield: _____% Price: _____ CUSIP No.† ___ $______ _____% Term Bonds due September 1, 20__ Yield: ____% Price: _____ CUSIP No.† ____ $______ _____% Term Bonds due September 1, 20__ Yield: _____% Price: ____ CUSIP No.† ___ * Preliminary, subject to change. †CUSIP® is a registered trademark of the American Bankers Association. CUSIP data herein is provided by CUSIP Global Services, which is owned by FactSet Research Systems Inc. (“FactSet”). FactSet will manage the CUSIP system on behalf of the American Bankers Association. This information is not intended to create a database and does not serve in any way as a substitute for the CUSIP Services Bureau. CUSIP numbers have been assigned by an independent company not affiliated with the City, the District or the Underwriter and are included solely for the convenience of the registered owners of the applicable Bonds. None of the City, the District or the Underwriter is responsible for the selection or uses of these CUSIP numbers, and no representation is made as to their correctness on the applicable Bonds or as included herein. The CUSIP number for a specific maturity is subject to being changed after the issuance of the Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part or as a result of the procurement of secondary market portfolio insurance or other similar enhancement by investors that is applicable to all or a portion of certain maturities of the Bonds.       Packet Pg. 1836 CITY OF SAN BERNARDINO San Bernardino, California MEMBERS Helen Tran, Mayor Theodore Sanchez; First Ward Sandra Ibarra; Second Ward Juan Figueroa; Third Ward, Mayor Pro Tem Fred Shorett; Fourth Ward Ben Reynoso; Fifth Ward Kimberly Calvin; Sixth Ward Damon L. Alexander; Seventh Ward STAFF Charles E. McNelly, Interim City Manager Barbara Whitehorn, Agency Director of Administrative Services Genoveva Rocha, City Clerk Sonia R. Carvalho, City Attorney SPECIAL SERVICES Bond and Disclosure Counsel Best Best & Krieger LLP Riverside, California Fiscal Agent U.S. Bank Trust Company, National Association Los Angeles, California Municipal Advisor Columbia Capital Management, LLC Carlsbad, California Special Tax Consultant Spicer Consulting Group, LLC Temecula, California       Packet Pg. 1837 Except where otherwise indicated, all information contained in this Official Statement has been provided by the City and the District. No dealer, broker, salesperson or other person has been authorized by the City, the District, the Fiscal Agent or the Underwriter to give any information or to make any representations in connection with the offer or sale of the Bonds other than those contained in this Official Statement and, if given or made, such other information or representations must not be relied upon as having been authorized by the City, the District, the Fiscal Agent or the Underwriter. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer, solicitation or sale. This Official Statement, deemed final by the City and the District, is not to be construed as a contract with the purchasers or Owners of the Bonds. Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion, whether or not expressly so described in this Official Statement, are intended solely as such and are not to be construed as representations of fact. This Official Statement, including any supplement or amendment to this Official Statement, is intended to be deposited with the Electronic Municipal Market Access System of the Municipal Securities Rulemaking Board, which can be found at www.emma.msrb.org. The information set forth in this Official Statement which has been obtained from third party sources is believed to be reliable but is not guaranteed as to accuracy or completeness by the City or the District. The information and expressions of opinion in this Official Statement are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or the District or any other parties described in this Official Statement since the date of this Official Statement. All summaries of the Fiscal Agent Agreement or other documents are made subject to the provisions of such documents respectively and do not purport to be complete statements of any or all of such provisions. Reference is made by this Official Statement to such documents on file with the City for further information. While the City maintains an Internet website for various purposes, none of the information on that website is incorporated by reference in this Official Statement or intended to assist investors in making any investment decision or to provide any continuing information with respect to the Bonds or any other bonds or obligations of the City. Any such information that is inconsistent with the information set forth in this Official Statement should be disregarded. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as a part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Certain statements included or incorporated by reference in this Official Statement constitute “forward looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “project,” “budget” or other similar words. Such forward-looking statements include, but are not limited to, certain statements contained in the information under the caption “THE DISTRICT.” THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE CITY DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS OFFICIAL STATEMENT. IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT. THE BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE.       Packet Pg. 1838 TABLE OF CONTENTS -i- INTRODUCTORY....................................................................1 General.................................................................................1 The District..........................................................................1 Sources of Payment for the Bonds.......................................3 City CFD Administrative Policies and Practices.................4 Description of the Bonds.....................................................4 Redemption..........................................................................5 Issuance of Additional Bonds..............................................5 Tax Matters..........................................................................5 Professionals Involved in the Offering................................5 Continuing Disclosure.........................................................5 Bond Owners’ Risks............................................................6 Forward Looking Statements...............................................6 Other Information................................................................6 THE FINANCING PLAN.........................................................7 Estimated Sources and Uses of Funds.................................7 THE BONDS.............................................................................7 General Provisions...............................................................7 Authority for Issuance .........................................................8 Redemption..........................................................................9 Registration, Transfer and Exchange.................................11 Book-Entry Only System...................................................12 Debt Service Schedule.......................................................12 SOURCES OF PAYMENT FOR THE BONDS.....................13 Limited Obligations...........................................................13 Special Taxes.....................................................................13 Special Tax Fund...............................................................18 Bond Fund .........................................................................19 Reserve Fund.....................................................................20 No Superior Obligations; No Parity Bonds Except for Refunding...............................................21 THE DISTRICT.......................................................................21 General Description of the District....................................22 Description of Authorized Facilities..................................22 The Developer ...................................................................22 The Development...............................................................23 Overlapping Community Facilities Districts.....................26 Estimated Direct and Overlapping Indebtedness...............27 Expected Tax Burden ........................................................27 Appraisal Report................................................................28 Estimated Value-to-Lien Ratio..........................................29 Delinquency History..........................................................32 City’s Collection Practices ................................................32 RISK FACTORS.....................................................................32 Risks of Real Estate Secured Investments Generally..................................................................32 Limited Obligations...........................................................32 Insufficiency of Special Taxes...........................................33 Special Tax Delinquencies ................................................34 Climate Change .................................................................35 Natural Disasters................................................................35 Drought..............................................................................35 Wind 36 Hazardous Substances .......................................................36 Parity Taxes and Special Assessments..............................37 Disclosures to Future Purchasers.......................................37 Non-Cash Payments of Special Taxes...............................38 Payment of the Special Tax Is Not a Personal Obligation of the Owners.........................................38 Concentration of Ownership..............................................38 Land Values.......................................................................38 Increasing Mortgage Interest Rates...................................39 Impact of Economic Conditions on the Development in the District.....................................39 FDIC/Federal Government Interests in Properties............39 Bankruptcy and Foreclosure..............................................40 No Acceleration Provision.................................................42 Loss of Tax Exemption......................................................42 Limitations on Remedies...................................................42 Limited Secondary Market................................................42 Voter Initiatives.................................................................42 IRS Audit of Tax-Exempt Bond Issues.............................43 Ballot Initiatives.................................................................43 Recent Case Law Related to the Mello-Roos Act.............43 Potential Early Redemption of Bonds from Prepayments or Assessment Bond Proceeds ...........44 Legal Requirements...........................................................45 Cyber Security...................................................................45 CONTINUING DISCLOSURE...............................................45 City Continuing Disclosure ...............................................45 Developer Continuing Disclosure......................................45 LEGAL MATTERS.................................................................46 Tax Exemption...................................................................46 Legal Opinion....................................................................47 Litigation............................................................................47 No Rating...........................................................................47 Underwriting......................................................................47 Municipal Advisor.............................................................48 Financial Interests..............................................................48 Pending Legislation...........................................................48 Additional Information......................................................48 APPENDIX A - RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.....................A-1 APPENDIX B - APPRAISAL REPORT...............................B-1 APPENDIX C - SUPPLEMENTAL INFORMATION CONCERNING CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO....................................................C-1 APPENDIX D - SUMMARY OF FISCAL AGENT AGREEMENT................................................D-1 APPENDIX E - FORM OF CONTINUING DISCLOSURE CERTIFICATES OF THE CITY AND THE PROPERTY OWNER.......................E-1 APPENDIX F - PROPOSED FORM OF BOND COUNSEL OPINION....................................................F-1 APPENDIX G - INFORMATION CONCERNING DTC....................................................G-1       Packet Pg. 1839 [DISTRICT LOCATION MAP]       Packet Pg. 1840 [AERIAL PHOTO]       Packet Pg. 1841 1 OFFICIAL STATEMENT $2,855,000* COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS INTRODUCTORY This introduction is not a summary of this Official Statement. It is only a brief description of and guide to, and is qualified by, more complete and detailed information contained in the entire Official Statement. A full review should be made of the entire Official Statement. The sale and delivery of Bonds to potential investors is made only by means of the entire Official Statement. All capitalized terms used in this Official Statement and not defined shall have the meaning set forth in APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT — DEFINITIONS” or APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” General The purpose of this Official Statement (the “Official Statement”) is to provide certain information concerning the issuance of the $2,855,000* Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”). The proceeds of the Bonds will be used to (i) finance the construction and acquisition of public facilities needed with respect to the development within Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), (ii) fund a reserve fund securing the Bonds, and (iii) pay costs of issuance of the Bonds. The Bonds are authorized to be issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California (the “State”)) (the “Act”), and a Fiscal Agent Agreement dated as of _______ 1, 2023 (the “Fiscal Agent Agreement”) by and between the City of San Bernardino (the “City”), for and on behalf of the District, and U.S. Bank Trust Company, National Association (the “Fiscal Agent”). The Bonds are secured under the Fiscal Agent Agreement by a pledge of and lien upon Special Tax Revenues (as defined in this Official Statement), subject to transfers to the Administrative Expense Fund as described herein, and all moneys deposited in the Bond Fund and the Reserve Fund. The District The District contains approximately 30.66 gross acres and approximately 20.54 developable acres, located in the City, north of Meyers Road and Magnolia Avenue Intersection. The District encompasses Tract Map Nos. 17329-1, 17329-2, and 17329-3 (the “Property”) and is planned for 74 single family residential homes at buildout in a neighborhood being marketed as “Verdemont Ranch” (the “Project”). The three contiguous tracts that are being developed into the Verdemont Ranch community is built and sold by JEC Enterprises, Inc., a California corporation (contractor and manager of property) under the marketed name of GFR Homes (the “Developer”). The builder-owned homes/lots within Tract 17329-1 are owned by SB17329, LLC (“SB17329”), while the builder-owned homes/lots within Tracts 17329-2 and 17329-3 are owned by Verdemont Ranch LLC (“Verdemont,” together with “SB17329” referred to as the “Property Owners”). Homes within the District are planned to consist of 74 single family homes with floor plans (including accessory dwelling unit (“ADU”) square footage) ranging in size from approximately 2,224 square feet (“S.F.”) to approximately 3,248 square feet. * Preliminary, subject to change.       Packet Pg. 1842 2 As of the February 21, 2023 date of value (the “Date of Value”) of the Appraisal Report (as defined below), 28 of the 74 planned single family residential homes had been completed and conveyed to individual homeowners. Of the remaining 46 residential lots, 15 lots were over 95% completed, including 3 model homes (not released for sale) and 12 production homes (8 of which are in escrow). There were an additional 13 lots under construction (5 of which are in escrow) and 18 remaining finished lots (none of which were in escrow or under construction), as of the Date of Value. As of March 27, 2023, an additional 2 homes closed escrow to individual homeowners, resulting in 30 homes conveyed to individual homeowners. Of the remaining 44 residential lots owned by the Property Owners, there are 3 completed model homes (0 of which were in escrow) and 23 production homes (14 of which are in escrow), and 18 finished lots without any home construction thereon (0 of which are in escrow). Homes under contract may not result in closed escrows as sales contracts are subject to cancellation by the homebuyers. With respect to the levy of special taxes in Fiscal Year 2023-24, the Developer has obtained building permits for 57 residential lots within the District and these 57 lots have been classified as Developed Property under the Rate and Method (as defined below) for the Fiscal Year 2023-24 Special Tax levy. [The remaining 17 building permits are anticipated to be issued in April of 2023.] See “THE DISTRICT — General Description of the District” and APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Formation Proceedings. The District was formed by the City pursuant to the Act. The Act was enacted by the California legislature to provide an alternative method of financing certain public capital facilities and services, especially in developing areas of the State of California (the “State”). Any local agency (as defined in the Act) may establish a community facilities district under the Act to provide for and finance the cost of eligible public facilities and services. Generally, the legislative body of the local agency which forms a district acts on behalf of such district as its legislative body. Subject to approval by two-thirds of the votes cast at an election and compliance with the other provisions of the Act, a legislative body of a local agency may issue bonds for a district and may levy and collect a special tax within such district to repay such indebtedness. Pursuant to the Act, the City Council of the City (the “City Council”), acting as the legislative body of the District, adopted the necessary resolutions stating its intent to establish the District, to authorize the levy of Special Taxes (defined below) on taxable property within the boundaries of the District, and to have the District incur bonded indebtedness to fund the construction, purchase, modification, expansion, rehabilitation and/or improvement of drainage, water, sewer, library, park, roadway and roadway improvements, aquatic facilities, and other public facilities of the City (the “City Facilities”). Following public hearings conducted pursuant to the provisions of the Act, the City Council adopted resolutions establishing the District and calling special elections to submit the levy of the special taxes and the incurring of bonded indebtedness to the qualified voters of the District. On September 19, 2018, at a special election held pursuant to the Act, 17329, LLC, a Delaware limited liability company, as the sole landowner in the District at the time and therefore the only qualified voter of the District, authorized the District to incur bonded indebtedness within the District in an aggregate principal amount not to exceed $5,000,000 and the levy of Special Taxes (as defined below) to repay such bonded indebtedness in accordance with the Rate and Method of Apportionment for the District (the “Rate and Method”). The Rate and Method is attached hereto as APPENDIX A. The Assigned Special Tax (as defined in the Rate and Method) is the special tax that will be levied to pay debt service on the Bonds. The Assigned Special Tax is referred to in this Official Statement as the “Special Tax” or the “Special Taxes.” Appraisal Report. Kitty Siino & Associates, Inc. (the “Appraiser”) has conducted an appraisal of the land within the District subject to the Special Tax (the “Appraisal Report”) with a date of value of February 21, 2023. The Appraisal Report sets forth an estimate of the market value of the fee simple interest of the taxable land and improvements within the District. The Appraiser is of the opinion that, based upon the assumptions and conditions contained in the Appraisal Report, the aggregate value of the property within the District, as of the Date of Value, was $34,014,596. This estimate of value results in an overall District-wide appraised value-to-       Packet Pg. 1843 3 lien ratio of approximately 9.22* to 1 for the District based on the estimated amount of land secured debt allocated to parcels within the District. See “THE DISTRICT — Appraisal Report,” APPENDIX B — “APPRAISAL REPORT” and “RISK FACTORS — Parity Taxes and Special Assessments.” Sources of Payment for the Bonds Special Taxes. The Special Tax is that tax which has been authorized to be levied against certain land within the District pursuant to the Act and in accordance with the Rate and Method to satisfy the Special Tax Requirement (as defined in the Rate and Method). “Special Tax Revenues” are defined in the Fiscal Agent Agreement to mean the proceeds of the Special Taxes received by the City, including any scheduled payments, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes in the amount of said lien and interest and penalties thereon. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes” and APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Under the Fiscal Agent Agreement, the District has pledged to repay the Bonds from the Special Tax Revenues (subject to the deposit of certain amounts in the Administrative Expense Fund for each Fiscal Year) and amounts on deposit in the Bond Fund and the Reserve Fund established under the Fiscal Agent Agreement. Reserve Fund. The Fiscal Agent Agreement establishes a Reserve Fund for the Bonds to be maintained at the Reserve Requirement. The Fiscal Agent Agreement provides that the Reserve Requirement shall, as of the date of calculation, equal the lesser of: (i) ten percent (10%) of the original issue price of the Bonds calculated in accordance with Treasury Regulations Section 1.148-2(f)(1), (ii) Maximum Annual Debt Service on the Bonds or (iii) 125 percent (125%) of average Annual Debt Service on the Bonds (the “Reserve Requirement”). The initial Reserve Requirement for the Bonds is an amount equal to $_______. The ability of the City Council to increase the annual Special Taxes levied in the District to replenish the Reserve Fund is subject to the maximum annual amounts of Special Taxes authorized for the District and certain limitations in the Act. The moneys in the Reserve Fund will be used only for payment of the principal of, and interest and any redemption premium on, the Bonds, and, at the direction of the City, for deposit in the Rebate Fund. See “SOURCES OF PAYMENT FOR THE BONDS — Reserve Fund.” The Special Tax Revenues are the primary security for the repayment of the Bonds. In the event that the Special Taxes are not paid when due, the only sources of funds available to pay the debt service on the Bonds are amounts held by the Fiscal Agent in the Bond Fund and the Reserve Fund, to the limited extent described in the Fiscal Agent Agreement. See “SOURCES OF PAYMENT FOR THE BONDS — Reserve Fund.” Foreclosure Proceeds. The City will covenant in the Fiscal Agent Agreement, for the benefit of the owners of the Bonds, that it will order, and cause to be commenced, judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by October 1 following the close of the Fiscal Year in which such Special Taxes were due, and if the amount on deposit in the Reserve Fund is less than the Reserve Requirement, it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than 95% of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales.” There is no assurance that the property within the District can be sold for the appraised value or assessed values described in this Official Statement, or for a price sufficient to pay the principal of and interest on the Bonds in the event of a default in payment of Special Taxes by the current or future property owners within the District. See “RISK FACTORS — Land Values” and APPENDIX B — “APPRAISAL REPORT.” * Preliminary, subject to change.       Packet Pg. 1844 4 EXCEPT FOR THE SPECIAL TAXES, NO OTHER TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE CITY OR THE DISTRICT, BUT ARE SPECIAL OBLIGATIONS OF THE CITY AND THE DISTRICT PAYABLE SOLELY FROM SPECIAL TAX REVENUES AND AMOUNTS HELD UNDER THE FISCAL AGENT AGREEMENT AS MORE FULLY DESCRIBED IN THIS OFFICIAL STATEMENT. No Superior Obligations; No Parity Bonds Except for Refunding. The District and the City covenant in the Fiscal Agent Agreement that they will not issue any other obligations payable, as to principal or interest, from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds, except with respect to the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State, which shall be payable from and have a lien upon the Special Tax Revenues on a parity with the Bonds to be outstanding following the issuance of such refunding bonds. See “SOURCES OF PAYMENT FOR THE BONDS — No Superior Obligations; No Parity Bonds Except for Refunding.” Property Owners Deposit As an additional source of payment of Special Taxes, the Property Owners deposited $133,797.00 (the “Deposit”) into a special tax fund held by the City. The deposit amount was calculated to approximate the Special Tax levy of the Property Owners based on current ownership for Fiscal Year 2023-24 and Fiscal Year 2024-25. The deposit will be applied to Special Tax payments of the Property Owner, if there is a delinquency or until a total of 65 homes have been transferred to individual homeowners in the District. Upon the close of escrow of 65 homes to individual homeowners and delivery of a report to the City providing evidence of the property transfers, the City will release any remaining funds in the special tax fund to the Property Owners. City CFD Administrative Policies and Practices The City adopted its Local Goals and Policies for all community facilities districts of the City on December 20, 2017. These policies address, among other things, when community facilities district bonds can be issued by the City including the terms and conditions of the community facilities district bonds. Additionally, the City retains a third party community facilities districts administrator to monitor delinquencies and annually prepare the special tax rolls. Description of the Bonds The Bonds will be issued and delivered in the form of a single, fully registered Bonds for each maturity, registered in the name of The Depository Trust Company, New York, New York and its successors and assigns, as nominee (“DTC”), and will be available to actual purchasers of the Bonds (the “Beneficial Owners”) in integral multiples of $5,000, under the book-entry system maintained by DTC, only through brokers and dealers who are or act through DTC Participants. Beneficial Owners will not be entitled to receive physical delivery of the Bonds. In the event that the book-entry only system described in this Official Statement is no longer used with respect to the Bonds, the Bonds will be registered and transferred in accordance with the Fiscal Agent Agreement. See APPENDIX G — “INFORMATION CONCERNING DTC.” Principal of, premium, if any, and interest on the Bonds is payable by the Fiscal Agent to DTC, as the registered Owner of the Bonds. Disbursement of such payments to DTC Participants is the responsibility of DTC and disbursement of such payments to the Beneficial Owners is the responsibility of DTC Participants. In the event that the book-entry only system is no longer used with respect to the Bonds, principal, interest and redemption premium, if any, shall be paid to the registered Owner thereof in accordance with the Fiscal Agent Agreement. See “THE BONDS — Book-Entry Only System” and see APPENDIX G — “INFORMATION CONCERNING DTC.”       Packet Pg. 1845 5 Redemption The Bonds are subject to optional redemption, mandatory redemption prior to maturity from special tax prepayments and mandatory sinking fund redemption as described in this Official Statement. For a more complete description of the Bonds and the documentation pursuant to which they are being sold and delivered, see “THE BONDS” and APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” Issuance of Additional Bonds. The maximum bond authorization within the District is $5,000,000. Following the issuance of the Bonds, no additional bonds can be issued on a parity basis with the Bonds, with the exception of refunding bonds. Tax Matters In the opinion of Bond Counsel, subject to certain qualifications described in this Official Statement, under existing statutes, regulations, rulings and judicial decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, the interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however for tax years beginning after December 31, 2022, interest on the Bonds is taken into account in determining the annual adjusted financial statement income of certain corporations for the purpose for computing the alternative minimum tax imposed on certain corporations. In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income tax. For a more complete discussion of such opinion and certain other tax consequences incident to the ownership of the Bonds, including certain exceptions to the tax treatment of interest, see “LEGAL MATTERS — Tax Exemption.” Professionals Involved in the Offering U.S. Bank Trust Company, National Association will act as Fiscal Agent under the Fiscal Agent Agreement. Hilltop Securities, Inc. is the Underwriter of the Bonds. Certain proceedings in connection with the issuance and delivery of the Bonds are subject to the approval of Best Best & Krieger LLP, Riverside, California (“Bond Counsel”). Certain legal matters will be passed on for the City and the District by the City Attorney’s Office and by Best Best & Krieger LLP, Riverside, California (“Disclosure Counsel”), and for the Underwriter by Kutak Rock LLP, Irvine, California as Underwriter’s Counsel. Other professional services have been performed by Spicer Consulting Group, LLC, Temecula, California, as Special Tax Consultant, Columbia Capital Management, LLC, Carlsbad, California, as Municipal Advisor and Kitty Siino & Associates, Inc., Tustin, California, as Appraiser. At times, Bond Counsel and Disclosure Counsel represent the Underwriter in matters unrelated to the Bonds. For information concerning the respects in which certain of the above-mentioned professionals, advisors, counsel and agents may have a financial or other interest in the offering of the Bonds, see “LEGAL MATTERS — Financial Interests.” Continuing Disclosure Pursuant to a Continuing Disclosure Certificate to be executed by the City (the “City Continuing Disclosure Certificate”), the City will agree to provide, or cause to be provided, on an annual basis, to the Electronic Municipal Market Access System of the Municipal Securities Rulemaking Board (the “MSRB”), which can be found at www.emma.msrb.org (“EMMA”), certain financial information and operating data. The City will further agree to provide notice to EMMA of certain enumerated events. These covenants are being made in order to assist the Underwriter in complying with Rule 15c2-12(b)(5) (the “Rule”) adopted by the Securities and Exchange Commission (the “SEC”).       Packet Pg. 1846 6 Although the Underwriter does not consider the Property Owners to be an obligated party under the Rule, the Property Owners will agree to provide or cause to be provided to EMMA, pursuant to a Continuing Disclosure Certificate to be executed by the Property Owners (the “Property Owner Continuing Disclosure Certificate”), certain semi-annual information with respect to itself and its development within the District and notice of certain listed events to assist the Underwriter in marketing the Bonds. The Property Owner’s obligations under the Property Owner Continuing Disclosure Certificate will terminate upon the earliest to occur of: (a) the legal defeasance, prior redemption or payment in full of all of the Bonds, or (b) the date on which the Property Owners and its Affiliates (as defined in the Property Owner Continuing Disclosure Certificate), collectively own all or a portion of the Property that represents less than 20% of the aggregate special tax obligation. See “CONTINUING DISCLOSURE” and APPENDIX E for a description of the specific nature of the annual reports and notices of listed events to be filed by the City, on behalf of the District, under the City Continuing Disclosure Certificate, and semi-annual reports and notices of listed events to be provided by the Property Owners under the Property Owner Continuing Disclosure Certificate. Bond Owners’ Risks Certain events could affect the timely repayment of the principal of and interest on the Bonds when due. See the section of this Official Statement entitled “RISK FACTORS” for a discussion of certain factors which should be considered, in addition to other matters set forth in this Official Statement, in evaluating an investment in the Bonds. The Bonds are not rated by any nationally recognized rating agency. Forward Looking Statements Certain statements included or incorporated by reference in this Official Statement constitute “forward- looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “project,” “budget” or other similar words. Such forward-looking statements include, but are not limited to, certain statements contained in the information under the caption “THE DISTRICT.” THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE DISTRICT DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS OFFICIAL STATEMENT. Other Information This Official Statement speaks only as of its date, and the information contained in this Official Statement is subject to change. Brief descriptions of the Bonds and the Fiscal Agent Agreement are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. All references to the Fiscal Agent Agreement, the Bonds and the constitution and laws of the State as well as the proceedings of the City Council, acting as the legislative body of the District, are qualified in their entirety by references to such documents, laws and proceedings, and with respect to the Bonds, by reference to the Fiscal Agent Agreement. Copies of the Fiscal Agent Agreement, the City Continuing Disclosure Certificate and other documents and information referred to in this Official Statement are available for inspection and (upon request and payment       Packet Pg. 1847 7 to the City of a charge for copying, mailing and handling) for delivery from the City at 290 North “D” Street, San Bernardino, CA 92401, Attention: City Manager. THE FINANCING PLAN A portion of the Bond proceeds will be used by the District to design, construct and/or acquire certain authorized City Facilities, which includes the upgrade of the City’s makeshift community center mobile unit in the Verdemont area. See “THE DISTRICT — Description of Authorized Facilities” for a description of the public facilities authorized to be financed with the proceeds of the Bonds. Estimated Sources and Uses of Funds The following table sets forth the expected sources and uses of Bond proceeds: Sources of Funds Principal Amount of Bonds Minus Net Original Issue Discount Total Sources Uses of Funds Improvement Fund Reserve Fund Capitalized Interest Sub-Account Costs of Issuance Fund(1) Underwriter’s Discount Total Uses (1)Costs of Issuance include legal fees, printing costs, Appraisal Report costs, Municipal Advisor fees, Special Tax Consultant fees, and Fiscal Agent fees, in addition to other miscellaneous costs incidental to Bond issuance. THE BONDS General Provisions The Bonds will be dated their date of delivery and will bear interest at the rates per annum set forth on the inside cover page, payable semiannually on each March 1 and September 1, commencing on September 1, 2023 (each, an “Interest Payment Date”), and will mature in the amounts and on the dates set forth on the inside cover page of this Official Statement. The Bonds will be issued in fully registered form in integral multiples of $5,000. See “— Book-Entry Only System.” Interest shall be calculated on the basis of a 360-day year composed of twelve 30 day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from [Closing Date]; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon or from September 1, 2023, if no interest has previously been paid or made available for payment thereon. Interest on the Bonds is payable by check of the Fiscal Agent mailed by first class mail, postage prepaid, on each Interest Payment Date, to the registered Owner thereof at such registered Owner’s address as it appears       Packet Pg. 1848 8 on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America by check of the Fiscal Agent upon surrender of such Bonds at the Principal Office of the Fiscal Agent; provided, however, that at the written request of the Owner of at least $1,000,000 in aggregate principal amount of Outstanding Bonds filed with the Fiscal Agent prior to any Record Date, interest on such Bonds shall be paid to such Owner on each succeeding Interest Payment Date by wire transfer of immediately available funds to an account in the United States of America designated in such written request. Authority for Issuance The Bonds are issued pursuant to the Act and the Fiscal Agent Agreement. As required by the Act, the City Council has taken the following actions with respect to establishing the District and the Bonds: Resolutions of Intention and Resolution of Necessity. On August 15, 2018, the City Council adopted a resolution stating its intention to establish the District and to authorize the levy of a special tax therein, and a resolution declaring the necessity to have the District incur bonded indebtedness in an amount not to exceed $5,000,000. Resolutions of Formation. Following a noticed public hearing conducted on September 19, 2018, the City Council adopted on September 19, 2018, resolutions which established the District, authorized the levy of a special tax within the District, and determined the necessity for the District to incur bonded indebtedness in a maximum aggregate principal amount of $5,000,000. Resolution Calling Election. The resolutions adopted by the City Council on September 19, 2018, also called for a consolidated special election by the landowners in the District on the issues of the levy of the Special Tax, the incurring of bonded indebtedness within the District, and the establishment of an appropriations limit. Landowner Election and Declaration of Results. On September 19, 2018, an election was held at which the landowners within the District approved ballot propositions authorizing the issuance of up to $5,000,000 of bonds to finance the construction, purchase, modification, expansion, rehabilitation and/or improvement of drainage, water, sewer, library, park, roadway and roadway improvements, aquatic facilities, and other public facilities of the City, and the establishment of an appropriations limit for the District. The landowners within the District approved ballot propositions authorizing the District to issue bonds in an aggregate principal amount not to exceed $5,000,000 for financing public facilities. On September 19, 2018, the City Council adopted a resolution approving the canvass of the votes and declaring the District to be fully formed with the authority to levy the Special Taxes, to incur the bonded indebtedness, and to have the established appropriations limit. Special Tax Lien and Levy. The Notice of Special Tax Lien for the District was recorded in the Office of the County Recorder of the County on September 24, 2018 as Document No. 2018-0350385 reflecting a continuing lien against the taxable property within the District (the “Notice of Special Tax Lien”). Ordinance Levying Special Taxes. On October 3, 2018, the City Council adopted Ordinance No. MC- 1507 (the “Ordinance”), which authorized the levy of Special Taxes within the District. Resolution Authorizing Issuance of the Bonds. On [_______, 2023], the City Council adopted a resolution approving issuance of the Bonds.       Packet Pg. 1849 9 Redemption Optional Redemption. The Bonds are subject to redemption prior to their stated maturity dates at the option of the City on September 1, 20__, or any date thereafter, from such maturities as selected by the City (and by lot within any one maturity), in integral multiples of $5,000, at the option of the City from moneys derived by the City from any source, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Prices September 1, 20__ through August 31, 20__103% September 1, 20__ through August 31, 20__102 September 1, 20__ through August 31, 20__101 September 1, 20__ and any day thereafter 100 Mandatory Redemption From Special Tax Prepayments. The Bonds are subject to mandatory redemption prior to their stated maturity dates on any Interest Payment Date, as selected among maturities by the City (and by lot within any one maturity), in integral multiples of $5,000, from moneys derived by the City from Special Tax Prepayments, at redemption prices (expressed as percentages of the principal amounts of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Prices Any Interest Payment Date through September 1, 20__103% March 1, 20__ and September 1, 20__102 March 1, 20__ and September 1, 20__101 March 1, 20__ and any Interest Payment Date thereafter 100 See the caption “RISK FACTORS—Potential Early Redemption of Bonds from Prepayments or Assessment Bond Proceeds” for a discussion of the potential for a lower than expected yield on the Bonds as a result of a special mandatory redemption from prepayment of Special Taxes. Mandatory Sinking Fund Redemption. The Outstanding Bonds maturing on September 1, 20__, September 1, 20__ and September 1, 20__ are subject to mandatory sinking fund redemption, in part, on September 1, 20__, September 1, 20__ and September 1, 20__, respectively and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date of redemption, without premium, and from sinking payments as follows: Bonds Maturing on September 1, 20__ Redemption Date (September 1)Sinking Payments (Maturity)       Packet Pg. 1850 10 Bonds Maturing on September 1, 20__ Redemption Date (September 1)Sinking Payments (Maturity) Bonds Maturing on September 1, 20__ Redemption Date (September 1)Sinking Payments (Maturity) The amounts in the foregoing schedules shall be reduced by the City pro rata among redemption dates, in order to maintain substantially level Debt Service, as a result of any prior or partial optional or mandatory redemption. The City shall provide the Fiscal Agent with a revised sinking fund schedule. Purchase of Bonds. In lieu of payment at maturity or redemption under the Fiscal Agent Agreement, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase. In such event, the City shall, as may be appropriate, provide to the Fiscal Agent a revised maturity schedule or a revised mandatory sinking fund schedule for the Bonds, or both. Notice to Fiscal Agent. An Authorized Officer shall give the Fiscal Agent written notice of the City’s intention to redeem Bonds not less than 45 days prior to the applicable redemption date specifying the principal amounts and maturities of the Bonds to be redeemed. The requirement to provide such notice to the Fiscal Agent shall not apply to mandatory sinking fund redemption of the Bonds. Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least 30 days but not more than 60 days prior to the date fixed for redemption, or electronically submitted, to the Securities Depositories and to one or more Information Services selected by an Authorized Officer, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books maintained by the Fiscal Agent at its Principal Office; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. The Fiscal Agent shall also cause notice of any redemption to be mailed, in such manner and within such time, to the Underwriter. Such notice shall state the date of such notice, the date of issue of the Bonds, the place or places of redemption, the redemption date, the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed, by giving the individual CUSIP number and Bond number of each Bond to be redeemed, or shall state that all Bonds       Packet Pg. 1851 11 between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called for redemption in part the portion of the principal of the Bond to be redeemed, shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of the mailing and publication of any such redemption notice shall be paid by the District. Any notice of optional redemption of the Bonds delivered in accordance with the Fiscal Agent Agreement may be conditional and if any condition stated in the notice of redemption shall not have been satisfied on or prior to the redemption date, said notice shall be of no force and effect and the District shall not be required to redeem such Bonds and the redemption shall not be made and the Fiscal Agent shall within a reasonable time thereafter give notice, to the persons and in the manner in which the notice of redemption was given, that such condition or conditions were not met and that the redemption was cancelled. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. In the event of a mandatory redemption pursuant to the Fiscal Agent Agreement, the City shall transfer or cause to be transferred to the Fiscal Agent for deposit in the Bond Fund moneys in an amount equal to the redemption price of the Bonds being redeemed on or before the 15th day of the month preceding the Interest Payment Date upon which such Bonds are to be redeemed. If less than all the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to be redeemed shall be in the principal amount of $5,000 or a multiple thereof, and, in selecting portions of such Bonds for redemption, the Fiscal Agent shall treat each such Bond as representing the number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000. Whenever provision is made in the Fiscal Agent Agreement for the redemption of less than all of the Bonds of a maturity or any given portion thereof, the Fiscal Agent shall select the Bonds of such maturity to be redeemed, from all Bonds of such maturity or such given portion thereof not previously called for redemption, by lot within a maturity in any manner which the Fiscal Agent in its sole discretion shall deem appropriate. Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner, at the expense of the District, a new Bond or Bonds, of the same maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption prices of the Bonds called for redemption shall have been deposited in the Bond Fund, such Bonds shall cease to be entitled to any benefit under the Fiscal Agent Agreement other than the right to receive payment of the redemption price, and interest shall cease to accrue on the Bonds to be redeemed on the redemption date specified in the notice of redemption. All Bonds redeemed and purchased by the Fiscal Agent pursuant to the Fiscal Agent Agreement shall be cancelled by the Fiscal Agent. Registration, Transfer and Exchange Registration. The Fiscal Agent will keep sufficient books for the registration and transfer of the Bonds. The ownership of the Bonds will be established by the Bond registration books held by the Fiscal Agent. Transfer or Exchange. Whenever any Bond is surrendered for registration of transfer or exchange, the Fiscal Agent will authenticate and deliver a new Bond or Bonds of the same maturity, for a like aggregate principal       Packet Pg. 1852 12 amount of authorized denominations; provided that the Fiscal Agent will not be required to register transfers or make exchanges of (i) Bonds for a period of 15 days next preceding the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with respect to Bonds selected for redemption. Book-Entry Only System The Bonds will be issued in book-entry form, and The Depository Trust Company of New York, New York will act as securities depository. So long as the Bonds are held in book-entry form, principal of, premium, if any, and interest on the Bonds will be paid by the Fiscal Agent directly to DTC for distribution to the beneficial owners of the Bonds in accordance with procedures adopted by DTC. See APPENDIX G — “INFORMATION CONCERNING DTC.” Debt Service Schedule The following table presents the annual debt service on the Bonds (including sinking fund redemptions), assuming there are no optional redemptions or mandatory redemptions from Special Tax Prepayments pursuant to the Rate and Method. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes” and “THE BONDS — Redemption.” ANNUAL DEBT SERVICE SCHEDULE Bond Year Ending September 1 Principal Interest Total Annual Debt Service 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052       Packet Pg. 1853 13 Total Source: Underwriter. SOURCES OF PAYMENT FOR THE BONDS Limited Obligations The Bonds are special, limited obligations of the City and the District payable only from amounts pledged under the Fiscal Agent Agreement and from no other sources. The Special Tax Revenues are the primary security for the repayment of the Bonds. Under the Fiscal Agent Agreement, the City and the District have pledged to repay the Bonds from the Special Tax Revenues (which are the proceeds of the Special Taxes received by the City, including any scheduled payments, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes in the amount of said lien and interest and penalties thereon) (subject to the deposit of certain amounts in the Administrative Expense Fund for each Fiscal Year) and all moneys deposited in the Bond Fund and the Reserve Fund. In the event that the Special Tax Revenues are not received when due, the only sources of funds available to pay the debt service on the Bonds are amounts held by the Fiscal Agent in the Bond Fund and the Reserve Fund for the exclusive benefit of the Owners of the Bonds. Neither the faith and credit nor the taxing power of the City, the County, the State or any political subdivision thereof is pledged to the payment of the Bonds. Except for the Special Tax Revenues, no other taxes are pledged to the payment of the Bonds. The Bonds are not general obligations of the City or the District, but are special obligations of the City and the District payable solely from Special Taxes and amounts held under the Fiscal Agent Agreement as more fully described in this Official Statement. Special Taxes Authorization and Pledge. In accordance with the provisions of the Act, the City Council established the District on September 19, 2018, for the purpose of financing the City Facilities. At a special election held on September 19, 2018, the owner of the property within the District authorized the District to incur indebtedness in an amount not to exceed $5,000,000 and approved the Rate and Method which authorizes the Special Tax to be levied to repay District indebtedness, including the Bonds. On October 3, 2018, the Board adopted Ordinance No. MC-1507, which authorized the levy of Special Taxes in the District. The District will covenant in the Fiscal Agent Agreement that each year it will levy Special Taxes up to the maximum rates permitted under the Rate and Method in an amount sufficient, together with other amounts on deposit in the Special Tax Fund, to pay the principal of and interest on any Outstanding Bonds, to replenish the Reserve Fund and to pay the estimated Administrative Expenses. Notwithstanding the foregoing, pursuant to Section 53321(d) of the Act, under no circumstances will the Special Taxes levied against any Assessor’s Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel or Assessor’s Parcels within the District by more than 10%. The Special Taxes levied in any Fiscal Year may not exceed the maximum rates authorized pursuant to the Rate and Method. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” There is no assurance that the Special Tax proceeds will, in all circumstances, be adequate to pay the principal of and interest on the Bonds when due. See “RISK FACTORS — Insufficiency of Special Taxes.” Rate and Method of Apportionment of Special Tax. All capitalized terms used in this section shall have the meaning set forth in APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.”       Packet Pg. 1854 14 Under the Rate and Method, each Fiscal Year, each parcel in the District will be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property will be classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (a) the Assigned Special Tax or (b) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Residential Property shall be the applicable Assigned Special Tax described in the Rate and Method. Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for each Unit for all Land Use Categories located on the Assessor’s Parcel. The Backup Special Tax for an Assessor’s Parcel within a Final Map classified or to be classified as Single Family Property shall be $2,739 per unit. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $9,997 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property, or Non‐Residential Property. On each July 1, commencing July 1, 2020, the Backup Special Tax rate shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to the Rate and Method of Apportionment. The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non‐Residential Property shall be $9,997 per Acre. On each July 1, commencing July 1, 2020, the Maximum Special Tax rate for Approved Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property that is not Exempt Property shall be equal to the product of $9,997 multiplied by the Acreage of such Assessor’s Parcel. On each July 1, commencing July 1, 2020, the Maximum Special Tax rate for Undeveloped and Provisional Undeveloped Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. Commencing Fiscal Year 2019‐2020 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in the Rate and Method to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of       Packet Pg. 1855 15 Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 22.53 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 22.53 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five above. “Special Tax Requirement” means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) an amount equal to any anticipated shortfall due to Special Tax delinquencies, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by the District provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three above, less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. However, pursuant to Section 53321(d) of the Act, notwithstanding the above, under no circumstances will the Special Tax levied against any taxable parcel of private residential property within the District be increased by more than 10% as a consequence of a delinquency or default by the owner of any other parcel within the District.       Packet Pg. 1856 16 The District intends to size the Bonds so that, assuming no delinquencies, Special Taxes, levied in accordance with the Rate and Method, will generate in each Fiscal Year beginning in Fiscal Year 2023-24 not less than 110% of debt service payable with respect to the Bonds in the calendar year that begins in that Fiscal Year, plus Administrative Expenses. See Table 1 below. The Special Tax Levy for Fiscal Year 2023-24 will be 110% of the expected bond debt service for Fiscal Year 2023-24. Surplus Special Tax collection in Fiscal Year 2023-24 will be applied to unfunded projects costs or other costs allowable under the Ordinance. In future years the City intends to levy Special Taxes sufficient to only cover bond debt service and administrative costs. In the event of delinquencies, future special tax levies can then be increased up to 10% to cover delinquencies. TABLE 1 CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) SPECIAL TAX RATES FOR FISCAL YEAR 2023-24 Land Use Type Taxable Unit Residential Floor Area (S.F..) Assigned/Maximum Tax Rates Fiscal Year 2023-24(1) Special Tax Levy Rates Fiscal Year 2023-24 Percent of Maximum/ Assigned Rate No. of Units Aggregate Estimated Special Taxes Fiscal Year 2023-24(2)(3) Percent of Total Single Family Residential Property RU Less than 2,500 $2,671.23 $2,671.23 100.00%7 $18,698.61 9.7% Single Family Residential Property RU 2,500 - 2,800 2,817.96 2,817.96 100.00 22 61,995.02 32.2 Single Family Residential Property RU 2,801 - 3,100 2,891.84 2,891.84 100.00 20 57,836.77 30.0 Single Family Residential Property RU Greater than 3,100 3,009.43 3,009.43 100.00 8 24,075.41 12.5 Approved Property RU N/A 2,850.21 1,758.48 61.70 17 29,894.18 15.5 Multifamily Property Acre N/A 10,402.92 0.00 0.0 0 0.00 0.0 Non-Residential Property Acre N/A 10,402.92 0.00 0.0 0 0.00 0.0 Total 74 $192,500.00 100.0% (1)Maximum Special Tax Rate for Land Use Type Approved Property and Undeveloped Property. (2)Includes estimated administrative expenses of $25,000. (3)Estimated Special Tax may include rounding. Source: Spicer Consulting Group, LLC.       Packet Pg. 1857 17 Prepayment of Special Taxes. The City Council may allow property owners to fully or partially prepay the obligation of parcels of Taxable Property to pay the Special Taxes with respect to the Special Tax Requirement. Additionally, the City will covenant in the Fiscal Agent Agreement that the City shall cause all applications of owners of property in the District to prepay and satisfy the Special Tax obligation for their property to be reviewed by the Tax Consultant and shall not accept any such prepayment unless such consultant certifies in writing that following the acceptance of the proposed prepayment by the City and the redemption of Bonds with such prepayment, the maximum amount of the Special Taxes that may be levied on all Taxable Property in the District following such prepayment will be at least 1.10 times Maximum Annual Debt Service on the Bonds which will remain Outstanding following such redemption plus estimated Administrative Expenses. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX” and “THE BONDS — Redemption — Mandatory Redemption from Special Tax Prepayments.” Collection and Application of Special Taxes. The Special Taxes are collected by the Treasurer-Tax Collector of the County in the same manner and at the same time as ad valorem property taxes. The District may, however, collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. Covenants to Protect Special Tax Rates. The City will make certain covenants in the Fiscal Agent Agreement for the purpose of ensuring that the current maximum Special Tax rates and method of collection of the Special Taxes are not altered in a manner that would impair the District’s ability to collect sufficient Special Taxes to pay debt service on the Bonds and Administrative Expenses when due. The City will covenant that it will not initiate proceedings under the Act to reduce the Maximum Special Tax rates (the “Maximum Rates”) on then existing Developed Property in the District below the amounts which are necessary to provide Special Tax Revenues in an amount equal to estimated Administrative Expenses for the then current Fiscal Year plus an amount equal to 110% of Maximum Annual Debt Service on the Outstanding Bonds. For purposes of such calculation, “Developed Property” has the meaning set forth in the Rate and Method. See “RISK FACTORS — Voter Initiatives.” The City will further covenant that in the event an ordinance is adopted by initiative pursuant to Section 3 of Article XIII C of the California Constitution, which purports to reduce or otherwise alter the Maximum Rates, it will commence and pursue legal action seeking to preserve its ability to comply with the covenant described above. The City will covenant not to permit the tender of Bonds in payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant certifying that accepting such tender will not result in the City having insufficient Special Tax Revenues to pay the principal of and interest on the Outstanding Bonds following such tender. See “RISK FACTORS — Non-Cash Payments of Special Taxes.” Although the Special Taxes constitute liens on taxable parcels within the District, they do not constitute a personal indebtedness of the owners of property within the District. Moreover, other liens for taxes and assessments already exist on the property located within the District and others could come into existence in the future in certain situations without the consent or knowledge of the City or the landowners in the District. See “RISK FACTORS — Parity Taxes and Special Assessments.” There is no assurance that property owners will be financially able to pay the annual Special Taxes or that they will pay such taxes even if financially able to do so, all as more fully described in the section of this Official Statement entitled “RISK FACTORS.” Proceeds of Foreclosure Sales. The net proceeds received following a judicial foreclosure sale of land within the District resulting from a landowner’s failure to pay the Special Taxes when due are included within the Special Tax Revenues pledged to the payment of principal of and interest on the Bonds under the Fiscal Agent Agreement. Pursuant to Section 53356.1 of the Government Code, the City will covenant in the Fiscal Agent Agreement with and for the benefit of the Owners of the Bonds that (i) it will order, and cause to be commenced,       Packet Pg. 1858 18 judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by October 1 following the close of the Fiscal Year in which such Special Taxes were due, and (ii) if the amount on deposit in the Reserve Fund is less than the Reserve Requirement it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount, which is less than ninety-five percent (95%) of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. See APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” If foreclosure is necessary and other funds (including amounts in the Reserve Fund) have been exhausted, debt service payments on the Bonds could be delayed until the foreclosure proceedings have ended with the receipt of any foreclosure sale proceeds. Judicial foreclosure actions are subject to the normal delays associated with court cases and may be further slowed by bankruptcy actions, involvement by agencies of the federal government and other factors beyond the control of the City and the District. See “RISK FACTORS — Bankruptcy and Foreclosure.” Moreover, no assurances can be given that the real property subject to foreclosure and sale at a judicial foreclosure sale will be sold or, if sold, that the proceeds of such sale will be sufficient to pay any delinquent Special Tax installment. See “RISK FACTORS — Land Values.” Although the Act authorizes the District to cause such an action to be commenced and diligently pursued to completion, the Act does not impose on the District or the City any obligation to purchase or acquire any lot or parcel of property sold at a foreclosure sale if there is no other purchaser at such sale. The Act provides that, in the case of a delinquency, the Special Tax will have the same lien priority as is provided for ad valorem taxes. No Teeter Plan. Although the County Board of Supervisors has adopted the Alternative Method of Distribution of Tax Levies and Collections and Tax Sale Proceeds (the “Teeter Plan”), which allows each entity levying secured property taxes in the County to draw on the amount of property taxes levied rather than the amount actually collected, as provided for in Section 4701 et seq. of the California Revenue and Taxation Code, the District is not included in the County Teeter Plan. Consequently, the District may not draw on the County Tax Loss Reserve Fund in the event of delinquencies in Special Tax payments. Special Tax Fund Pursuant to the Fiscal Agent Agreement, there will be established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Special Tax Fund” (the “Special Tax Fund”) to the credit of which the City will deposit, not later than 10 Business Days after receipt, all Special Tax Revenues received by the City. Moneys in the Special Tax Fund and all accounts therein will be held by the Fiscal Agent for the benefit of the City and the Owners of the Bonds, will be disbursed as provided below and, pending disbursement, will be subject to a lien in favor of the Owners of the Bonds. Notwithstanding the foregoing, any amounts received by the City which constitute Special Tax Prepayments will be transferred by the City not later than 10 business days after receipt to the Fiscal Agent for deposit by the Fiscal Agent in the “Special Tax Prepayments Account” established pursuant to the Fiscal Agent Agreement. As soon as practicable after the receipt from the City of any Special Tax Revenues, but no later than 10 Business Days after such receipt, the Fiscal Agent will withdraw from the Special Tax Fund and deposit in the Administrative Expense Fund, an amount which is estimated by the City, in a written communication from an Authorized Officer delivered to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely) to be sufficient, together with the amount then on deposit in the Administrative Expense Fund, to pay the Administrative Expenses during the current Fiscal Year; provided, however, that the amount deposited in the Administrative Expense Fund prior to the deposits to the Interest Account and the Principal Account of the Bond Fund, as provided below, will not exceed $25,000 for each Fiscal Year. Thereafter, the Fiscal Agent shall deposit in the Interest Account and the Principal Account of the Bond Fund the amounts required by the Fiscal Agent Agreement, as described under “— Bond Fund” below. If after such deposits are made to the Administrative Expense Fund, the Interest Account and the Principal Account there are funds remaining on deposit in the Special       Packet Pg. 1859 19 Tax Fund, the City shall instruct the Fiscal Agent by an Officer’s Certificate (upon which the Fiscal Agent may conclusively rely) to transfer such amount from the Special Tax Fund to the Reserve Fund to the extent that the amount on deposit therein is less than the Reserve Requirement. On September 2 of each year, the amount, if any, on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (including the Principal Account therein but excluding the Interest Account and the Special Tax Prepayments Account), as determined by the City, shall not exceed the greater of (i) one year’s earnings on such amounts, or (ii) 1/12th of Annual Debt Service for the then current Bond Year. If on September 2 of any year the amount on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (other than such excluded amounts), exceeds the maximum amount allowable pursuant to the preceding sentence, as determined by the City and communicated in writing by an Authorized Officer to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely), moneys shall be transferred from the Special Tax Fund to the Administrative Expense Fund to pay any additional Administrative Expenses during the then current Fiscal Year, as directed in writing by the City. The Fiscal Agent shall have no obligation to monitor the City’s obligations as set forth in the foregoing sentence. Subject to the requirement described above, on each September 2, commencing September 2, 2024, any funds remaining in the Special Tax Fund which are not needed to pay principal and/or interest on the Bonds then due and payable may be retained in the Special Tax Fund to reduce the Special Taxes levied in future years (subject to the limitations set forth in the Rate and Method). Moneys in the Special Tax Fund will be invested and deposited in accordance with the Fiscal Agent Agreement. Investment Earnings will be retained in the Special Tax Fund to be used for the purposes of such fund to the extent set forth in the Fiscal Agent Agreement. See APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” Bond Fund Pursuant to the Fiscal Agent Agreement, there will be established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2018-2 of the City of San Bernardino 2023 Special Tax Bonds Bond Fund” (the “Bond Fund”) and within the Bond Fund, an Interest Account, a Principal Account and a Special Tax Prepayments Account. Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. On or before each Interest Payment Date, the Fiscal Agent shall transfer from the Special Tax Fund and deposit into the following respective accounts in the Bond Fund, the following amounts in the following order of priority, the requirements of each such account (including the making up of any deficiencies in any such account resulting from lack of Special Tax Revenues sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any transfer is made to any account subsequent in priority: Interest Account. On or before each Interest Payment Date, the Fiscal Agent shall deposit in the Interest Account an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest becoming due and payable on the Bonds on such date. No deposit need be made into the Interest Account on any Interest Payment Date if the amount on deposit therein is at least equal to the interest becoming due and payable on the Bonds on such date. All moneys in the Interest Account, including the Capitalized Interest Sub-Account, shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds redeemed prior to maturity). All funds in the Capitalized Interest Sub-Account shall be used and withdrawn to pay interest on the Bonds prior to using any other funds on deposit in the Interest Account for such purpose. All amounts on deposit in the Interest Account on the first day of any Bond Year, to the extent not required to pay any interest then having become due and payable on the Outstanding Bonds, shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund.       Packet Pg. 1860 20 Principal Account. On or before each Interest Payment Date which occurs on September 1, the Fiscal Agent shall deposit in the Principal Account an amount required to cause the aggregate amount on deposit in the Principal Account to equal the principal amount of the Bonds becoming due and payable on such date, or the redemption price of the Bonds (consisting of the principal amount thereof and any applicable redemption premium) required to be redeemed on such date pursuant to the Fiscal Agent Agreement. All moneys in the Principal Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of (i) paying the principal of the Bonds at the maturity thereof, or (ii) paying the principal of and premium (if any) on any Bonds upon the redemption thereof pursuant to the Fiscal Agent Agreement. All amounts on deposit in the Principal Account on the first day of any Bond Year, to the extent not required to pay the principal of any Outstanding Bonds then having become due and payable, shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund. In the event that moneys on deposit in the Special Tax Fund will be insufficient on any Interest Payment Date for the Fiscal Agent to deposit the required amounts in the Interest Account and the Principal Account, as provided above, the Fiscal Agent shall deposit the available funds first to the Interest Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount of interest becoming due and payable on the Bonds on the Interest Payment Date, and shall then deposit the remaining available funds in the Special Tax Fund to the Principal Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount, if any, of principal becoming due and payable on the Bonds on the Interest Payment Date. If, after making such deposits to the Interest Account and the Principal Account, and after transferring moneys from the Reserve Fund to such accounts, as provided in the Fiscal Agent Agreement, the amount on deposit in the Principal Account is insufficient to pay the full amount of the principal of each of the Bonds which is due or is to be redeemed on the Interest Payment Date, the Fiscal Agent shall make a prorated payment of the principal of each of such Bonds as specified in an Officer’s Certificate provided to the Fiscal Agent. Reserve Fund In order to secure further the payment of principal of and interest on the Bonds, the District will, upon delivery of the Bonds, deposit in the Reserve Fund and thereafter to maintain in the Reserve Fund an amount equal to the Reserve Requirement. The Fiscal Agent Agreement provides that the amount in the Reserve Fund shall equal the lesser of: (i) 10% of the original issue price of the Bonds calculated in accordance with Treasury Regulations Section 1.148-2(f)(1); (ii) Maximum Annual Debt Service on the Bonds; or (iii) 125% of average Annual Debt Service on the Bonds. Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of the principal of and interest and any premium on the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. Subject to the limits on the maximum annual Special Tax which may be levied within the District, as described in the Rate and Method, the City will covenant to levy Special Taxes in an amount that is anticipated to be sufficient, in light of the other intended uses of the Special Tax proceeds, to maintain the balance in the Reserve Fund at the Reserve Requirement. The ability of the legislative body of the District to increase the annual Special Taxes levied in the District to replenish the Reserve Fund is additionally subject to certain additional limitations under the Act restricting the amount by which Special Taxes on taxable parcels can be increased due to delinquencies of other taxable parcels. Except as otherwise provided in the Fiscal Agent Agreement, all amounts on deposit in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Interest Account and the Principal Account of the Bond Fund in the event of any deficiency at any time in either of such accounts of the amount then required for payment of the principal of and interest and any premium on the Bonds or, in accordance with the provisions of the Fiscal Agent Agreement for the purpose of redeeming Bonds as described below.       Packet Pg. 1861 21 Whenever, on any September 2, the amount in the Reserve Fund, less Investment Earnings resulting from the investment of the funds therein which pursuant to the Fiscal Agent Agreement must be rebated to the United States, as previously directed by the City, exceeds the Reserve Requirement, as calculated by the City, the Fiscal Agent shall provide written notice to the City of the amount of the excess. Upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), the Fiscal Agent shall, subject to the requirements of the Fiscal Agent Agreement, transfer an amount from the Reserve Fund which will reduce the amount on deposit therein to an amount equal to the Reserve Requirement to the Interest Account and the Principal Account, in such order, to be used for the payment of the interest on and principal of the Bonds on the next succeeding Interest Payment Date in accordance with the Fiscal Agent Agreement. Whenever the balance in the Reserve Fund is equal to or exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall, upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), transfer the amount in the Reserve Fund to the Interest Account and the Principal Account, in the priority specified in the Fiscal Agent Agreement, to be applied, on the next succeeding Interest Payment Date, to the payment and redemption, in accordance with the Fiscal Agent Agreement, of all of the Outstanding Bonds. In the event that the amount available to be so transferred from the Reserve Fund to the Interest Account and the Principal Account exceeds the amount required to pay and redeem the Outstanding Bonds, the excess shall be transferred to the City to be used for any lawful purpose of the City. In the event of a prepayment of Special Taxes, under certain circumstances, a portion of the Reserve Fund will be credited to the amount being prepaid and be applied to redeem Bonds. See APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” No Superior Obligations; No Parity Bonds Except for Refunding The District and the City covenant in the Fiscal Agent Agreement that they will not issue any other obligations payable, as to principal or interest, from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds, except with respect to the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State, which shall be payable from and have a lien upon the Special Tax Revenues on a parity with the Bonds to be outstanding following the issuance of such refunding bonds. THE DISTRICT The information about the Property Owners and Developer contained in this section of the Official Statement entitled “THE DISTRICT” has been provided by representatives of the Developer and Property Owners and has not been independently confirmed or verified by the Underwriter, the City or the District. None of the Underwriter, the City or the District makes any representation as to the accuracy or adequacy of the information contained in this section. There may be material adverse changes to this information after the date of this Official Statement. No assurance can be given that the proposed development within the District will occur as described below. As the proposed development progresses and homes are sold, it is expected that the ownership of the land within the District will become more diversified. No assurance can be given that development within the District will occur in a timely manner or in the configuration described herein, or that any property owner described herein will obtain or retain ownership of any of the land within the District. The Bonds and the Special Taxes are not personal obligations of any property owners, including the Property Owners and, in the event that a property owner defaults in the payment of the Special Taxes, the City may proceed with judicial foreclosure but has no direct recourse to the assets of any property owner. As a result, other than as provided herein, no financial statements or information is, or will be, provided about the Property Owners or any other property owner. The       Packet Pg. 1862 22 Bonds are secured solely by the Special Tax Revenues and other amounts pledged under the Fiscal Agent Agreement. See “SOURCES OF PAYMENT FOR THE BONDS” and “RISK FACTORS.” The information under this of the Official Statement includes forward-looking statements. See the cautionary information regarding forward-looking statements in this Official Statement on the page immediately preceding the Table of Contents. As previously discussed, such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in or implied by such statements. Readers are cautioned not to place undue reliance on such forward-looking statements, which only speak as of the date of this Official Statement. General Description of the District The District contains approximately 30.66 gross acres and 20.54 developable acres, located in the City, north of the Meyers Road and Magnolia Avenue Intersection. The District is included within Tract Maps Nos. 17329-1, 17329-2, and 17329-3 and is planned for 74 single-family residential homes at buildout in a neighborhood being marketed as “Verdemont Ranch”. SB17329 acquired the property in the District in 2013 and transferred Tract Nos. 17329-2 and 17329-3 to Verdemont on October 13, 2021. The Developer plans to construct 74 single-family residential homes with floor plans (including ADU square footage) ranging in size from approximately 2,224 square feet to approximately 3,248 square feet. The following table summarizes the ownership and development status within the District as of March 27, 2023. Property Owner Completed Homes Under Construction Finished Lots Individual Owner 30 0 0 Property Owners 26 0 18 TOTAL:56 0 18 Source: The Property Owner. Description of Authorized Facilities The City Facilities authorized to be financed from Bond proceeds consist of construction, purchase, modification, expansion, rehabilitation and/or improvement of drainage, water, sewer, library, park, roadway and roadway improvements, aquatic facilities, and other public facilities of the City, which includes the upgrade of the City’s makeshift community center mobile unit in the Verdemont area. The Developer As previously defined in this Official Statement as the “Developer,” JEC Enterprises, Inc., a California corporation doing business as GFR Homes is 100% owned by Felizardo Robles, Jr., who is President of the company. The Developer is a privately held land and real estate development company, which identifies acquisitions, performs due diligence, navigates the entitlement process, and performs construction and project management. The Developer’s principals include: Felizardo Robles, Jr. is the Developer’s founder and President. In 1976, Mr. Robles acquired his Real Estate License and in 1982 created Golden West Investments, a real estate brokerage company, followed in 1988 by Golden Pacific Industries, a real estate development company. In 1995, Mr. Robles founded the Developer.       Packet Pg. 1863 23 Mr. Felizardo Robles is a 1976 graduate of California Polytechnic University, Pomona and holds Real Estate Broker and General Contractor licenses. Arlene Anaya is in charge of managing all projects for the Developer and its finances. Prior to joining GFR Homes, Ms. Anaya was with National Community Renaissance as their Senior Vice President of Property Management and Compliance, where she worked in the fields of finance, operations, and real estate development. Ms. Anaya is a graduate of California State University - Los Angeles with a Bachelor of Science Degree in Business Administration, with an emphasis in Accounting. Ms. Anaya is a current member of the National Association of Women in Construction and is also a Notary of California. Jonathon Siemsen is the Developer’s project manager. Mr. Siemsen has worked in the Inland Empire residential development market for 30 years. After graduating from Cal Poly Pomona with a Bachelor of Science degree in Urban and Regional Planning, he started his career as a Forward Planner and Land Acquisition associate. The Development The property within the District is expected to be developed with 74 single-family detached homes in a neighborhood being marketed as “Verdemont Ranch” with floor plans (including ADU square footage) ranging in size from approximately 2,224 square feet to approximately 3,248 square feet. Infrastructure within the District has been completed. Construction on Tract Nos. 17329-1, 17329-2 and 17329-3 are complete. As of the Date of Value, 28 of the 74 planned single family residential homes had been completed and conveyed to individual homeowners. Of the remaining 46 residential lots, 15 were lots over 95% completed, including 3 model homes (not released for sale) and 12 production homes (8 of which are in escrow). There were an additional 13 lots under construction (5 of which are in escrow) and 18 remaining finished lots (none of which are in escrow or under construction). As of March 27, 2023, an additional 2 homes closed escrow to individual homeowners, resulting in 30 homes conveyed to individual homeowners. Of the remaining 44 residential lots owned by the Property Owners, there are 3 completed model homes (0 of which were in escrow), 23 production homes (14 of which are in escrow), and 18 finished lots without any home construction thereon 0 of which are in escrow). Homes under contract may not result in closed escrows as sales contracts are subject to cancellation by the homebuyers. With respect to the levy of special taxes in Fiscal Year 2023-24, the Developer obtained building permits for 57 lots within the District and these 57 lots have been classified as Developed Property under the Rate and Method for the Fiscal Year 2023-24 Special Tax levy. [The remaining 17 building permits are anticipated to be issued in April of 2023.] See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX. The Developer expects to complete home construction by September 2023.       Packet Pg. 1864 24 A summary of the proposed development status for the Project, including estimated square footage and estimated base sales prices for the property being developed by the Developer within the District, as of March 27, 2023, is set forth below: TABLE 2 Verdemont Ranch – Development Status (as of March 27, 2023) Expected Number of Homes at Buildout Estimated Square Footage Closed to Individual Homeowners Completed Homes Owned by Developer Homes Under Construction Owned by Developer Finished Lots Owned by Property Owner(1) Estimated Base Sales Price 1 w/ Det. ADU 8 2,224 4 3 0 1 $745,900 2 w/ Det. ADU 19 2,595 7 5 0 7 800,900 3 w/ Det, ADU 15 2,864 7 2 0 6 830,900 3a w/ Att, ADU 11 2,679 4 6 0 1 795,900 4 w/ Det. ADU 9 3,248 4 4 0 1 855,900 4a w/ Att. ADU 12 3,063 4 6 0 2 819,900 Total 74 30 26 0 18 (1)Lot 20 of Tract Map No. 17329-1 is a finished lot (model parking) and completed ADU (sales office). Lot 20 is counted as a finished lot only above. All other models counted as completed homes owned by the Property Owner. Source: The Developer. No assurance can be given that home construction and sales will be carried out on the schedule and according to the plans outlined herein, or that the home construction and sale plans or base prices set forth above will not change after the date of this Official Statement. The original development schedule was delayed in late 2022 and in early 2023 due to weather related and construction financing issues. Additionally, homes sold may not result in closed escrows as sales contracts are subject to cancellation. In changing market conditions, builders will often revise the product lines and prices and the rate of sales can fluctuate. The Developer continuously evaluates its product lines and prices in light of the then current market conditions. See “RISK FACTORS” herein for a discussion of risk factors. Status of Entitlement Approvals. The Developer believes all discretionary approvals required for the development of the Project have been obtained. Environmental Review. The Project as currently planned has undergone all required environmental and biological review and the necessary environmental approvals for the development of the entire property have been obtained. A Geotechnical Investigation was prepared for the Tract No. 17329 property by CHJ Incorporated on May 6, 2004. An updated Geotechnical Report was subsequently prepared by John R. Byerly in 2018. GeoTek, Inc. issued a Supplemental Geotechnical Evaluation on June 13, 2019. A Phase 1 Environmental Site Assessment was conducted on the Property in September 2018. The reports concluded that development of the site was feasible however mitigation measures were recommended. The Developer has addressed the mitigation measures included in the reports. Increasing Mortgage Interest Rates. Most of the purchasers of the homes finance their acquisitions with mortgage financing. As such, rising interest rates, decreased availability of mortgage financing or of certain mortgage programs, higher down payment requirements or increased monthly mortgage costs could have a negative impact on the estimated absorption rates of the Developer’s planned for-sale homes in the District. Further, a combination of higher mortgage rates, delays in construction stemming from delays in the supply chain, homebuyers’ inability to sell their existing homes and adverse changes in local, regional or national economic conditions, among other factors, could contribute to an increase in Developer’s rate of home order cancellations. An increase in the level of such cancellations could       Packet Pg. 1865 25 similarly have a negative impact on the estimated absorption rates of Developer’s planned for-sale homes in the District. Impact of Economic Conditions on the Development in the District Certain events and factors which negatively affect the regional, State and national economies could have an adverse effect on the pace at which the Developer can complete the remaining future homes, and demand by, and the ability of individuals to purchase homes within the District. Such events and factors could include rising inflation and interest rates, persistent supply chain issues, further impacts of the COVID-19 pandemic and global market instability caused by the war in Ukraine. Any adverse impact of the foregoing and other economic factors on the Project in the District and the real estate market in general cannot be predicted. Financing Plan. Through March 27, 2023, the Developer had expended approximately $14 million on the Project. The Developer expects to incur approximately $1.1 million on remaining improvements, between March 27, 2023, and the full buildout of the Project by September 2023. The Developer obtained a loan from Homestreet Bank on March 2, 2021 for Tract No. 17329-1, which has been paid in full as of December 2022. The Developer obtained a loan from Banner Bank on October 22, 2021 and the current balance of the loan as of March 28, 2023 is $653,194. The Developer believes that it will have sufficient funds available to complete its planned development as described in this Official Statement. The following table is a summary of the Developer’s estimated sources and uses of funds for its project in the District. COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO DEVELOPER PROJECTED SOURCES AND USES OF FUNDS Expended Costs as of March 28, 2023 Remaining Costs Total Sources of Funds: Developer Equity $ 6,417,796.22 $ 0.00 $ 6,417,796.22 Homestreet Bank 3,295,000.00 0.00 3,295,000.00 Banner Bank 4,651,643.78 1,148,356.22 5,800,000.00 Total:$14,364,440.00 $1,148,356.22 $15,512,796.22 Uses of Funds: Engineering, Architects, Consulting $ 1,343,602.00 $ 0.00 $ 1,343,602.00 Site Development 8,896,501.00 0.00 8,896,501.00 Common Area and Landscaping 436,094.00 13,929.00 450,023.00 Permits Fees 3,688,243.00 0.00 3,688,243.00 Streets 0.00 159,638.22 159,638.22 Sidewalks & Approaches 0.00 90,277.00 90,277.00 Dry Utilities 0.00 534,512.00 534,512.00 Retaining and Interior Walls 0.00 350,000.00 350,000.00 Total:$14,364,440.00 $1,148,356.22 $15,512,796.22 Source: The Developer. Although the Developer expects to have sufficient funds available to complete its development in the District, commensurate with the development timing described in this Official Statement, there can be no assurance that amounts necessary to finance the remaining development and home construction costs within the District will be available to the Developer when needed. While the Developer has made such internal funding available in the past, there can be no assurance whatsoever of its willingness or ability to do so in the future. Neither the Developer, nor any other entity or person is under any legal obligation of any kind to expend funds       Packet Pg. 1866 26 for the development of and construction of homes on the Property Owner’s property in the District or the payment of ad valorem property taxes or the Special Taxes. Any contributions by the Developer or any other entity or person to fund the costs of such development are entirely voluntary. If and to the extent the aforementioned sources are inadequate to pay the costs to complete the planned development by the Developer within the District and other financing by the Developer is not put into place, there could be a shortfall in the funds required to complete the proposed development by the Developer in the District and the remaining portions of the project in the District may not be completed. There is no legal obligation to Bond holders to make any such funds available for land development, construction, or the payment of ad valorem property taxes or the Special Taxes. See “RISK FACTORS” herein for a discussion of risk factors. Overlapping Community Facilities Districts The principal of and interest on the Bonds are payable from the Special Tax authorized to be collected within the District, and payment of the Special Tax is secured by a lien on certain real property within the District. Such lien is co-equal to and independent of the lien for general taxes and any other liens imposed under the Act, regardless of when they are imposed on the property in the District. The imposition of additional special taxes, assessments and general property taxes will increase the amount of independent and co-equal liens which must be satisfied in foreclosure. The City, the County and certain other public agencies are authorized by the Act to form and have formed other community facilities districts and improvement areas and, under other provisions of State law, to form special assessment districts, either or both of which could include all or a portion of the land within the District. See “-Estimated Direct and Overlapping Indebtedness.” The City has two overlapping community facilities districts for annual public safety and maintenance expenses.       Packet Pg. 1867 27 Estimated Direct and Overlapping Indebtedness Within the boundaries of the District are other overlapping local agencies providing public services. The approximate amount of the direct and overlapping debt on the parcels within the District as of March 1, 2023, is shown in Table 3 below. TABLE 3 COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO DIRECT AND OVERLAPPING DEBT As of March 1, 2023 I. Appraisal Value (1)$34,014,596 II. Land Secured Bond Indebtedness Outstanding Direct and Overlapping Bonded Debt Type Issued Outstanding % Applicable Amount Applicable CITY OF SAN BERNARDINO CFD NO. 2018-2, SERIES 2023 CFD $2,855,000 $2,855,000 100.000%$2,855,000 TOTAL LAND SECURED BONDED DEBT $2,855,000 III. General Obligation Bond Indebtedness Outstanding Direct and Overlapping Bonded Debt Type Issued Outstanding % Applicable Amount Applicable SAN BERNARDINO UNIFIED SCHOOL DISTRICT GO $372,980,000 $319,828,323 0.161%$ 514,304 SAN BERNARDINO COMMUNITY COLLEGE GO 989,999,797 857,585,469 0.037 319,293 TOTAL OUTSTANDING GENERAL OBLIGATION BONDED DEBT $ 833,598 Authorized but Unissued Direct and Overlapping Indebtedness Type Authorized Unissued % Applicable(2)Applicable SAN BERNARDINO UNIFIED SCHOOL DISTRICT GO $440,000,000 $67,020,000 0.161%$ 107,772 SAN BERNARDINO COMMUNITY COLLEGE GO 1,160,000,000 170,000,203 0.037 63,294 CITY OF SAN BERNARDINO CFD NO. 2018-2, SERIES 2023(3) CFD 5,000,000 0 100.000 0 TOTAL UNISSUED GENERAL OBLIGATION INDEBTEDNESS $ 171,066 TOTAL OUTSTANDING AND UNISSUED GENERAL OBLIGATION INDEBTEDNESS $1,004,664 TOTAL OF ALL OUTSTANDING DIRECT AND OVERLAPPING BONDED DEBT $3,688,598 TOTAL OF ALL OUTSTANDING DIRECT AND UNISSUED DIRECT OVERLAPPING INDEBTEDNESS $3,859,664 IV. Ratios to Appraisal Value Outstanding Land Secured Bonded Debt 11.91:1 Total Outstanding Bonded Debt 9.22:1 (1)Represents the appraised value as set forth in the Appraisal Report, as of the Date of Value. (2)Calculated by dividing the appraised value by the total assessed value for Fiscal Year 2023-24. (3)Following the issuance of the Bonds, no additional bonds can be issued on a parity basis with the Bonds, with the exception of refunding bonds. Source: San Bernardino County Assessor’s Office, Spicer Consulting Group, LLC. Expected Tax Burden Based on the appraised values within the District set forth in the Appraisal Report, the projected debt service on the Bonds, and estimated District Administrative Expenses of $25,000 for Fiscal Year 2023-24, the City expects that, in Fiscal Year 2023-24, the projected effective tax rates levied on taxable property in the District, will range from approximately 1.80% to 1.86% of average appraised value of homes within each Land Use Category (as defined in the Rate and Method). Subject to the limitations established by the Rate and Method and the provisions of the Act, the City Council will covenant in the Fiscal Agent Agreement to levy Special Taxes on parcels of taxable property in the District in each Fiscal Year in an amount sufficient to pay debt service on the outstanding Bonds.       Packet Pg. 1868 28 Table 4 below describes the estimated Fiscal Year 2023-24 effective tax burden for sample units of Developed Property within the District. The estimated tax rates and amounts presented in this Official Statement are based on currently available information. The actual amounts charged may vary and may increase in future years depending on the amount of Bonds, and the number of delinquencies in the District, among other factors. TABLE 4 COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO PROJECTED FISCAL YEAR 2023-24 EFFECTIVE TAX OBLIGATION FOR SAMPLE DEVELOPED PROPERTY Tract 17329 Plain Type 1 Det. ADU 2 Det. ADU 3 Att. ADU 3 Det. ADU 4 Att. ADU 4 Det. ADU CFD Tax Category Less than 2,500 to 2,500 to 2,801 to 2,801 to Greater than 2,500 S.F.2,800 S.F.2,800 S.F.3,100 S.F.3,100 S.F.3,100 S.F. Home Size 2,224 2,595 2,679 2,864 3,063 3,248 Appraisal Value(1)$633,840 $700,650 $709,935 $730,320 $719,805 $763,280 Ad Valorem Property Taxes: General Purpose $6,338 $7,007 $7,099 $7,303 $7,198 $7,633 San Bernardino Unified School (0.08780%)557 615 623 641 632 670 San Bernardino Community College (0.0450%)285 315 319 329 324 343 San Bernardino Valley Municipal Water District (0.1300%)824 911 923 949 936 992 Total General Property Taxes $8,004 $8,848 $8,965 $9,222 $9,090 $9,639 Assessment, Special Taxes & Parcel Charges: (3) County Fire Protection District Services Zone FP-5 $167 $167 $167 $167 $167 $167 San Bernardino Vector Control District 6 6 6 6 6 6 City of San Bernardino CFD 2018-1 Safety Services 385 385 385 385 385 385 City of San Bernardino CFD 2019-1 Maintenance Services 550 550 550 550 550 550 City of San Bernardino CFD 2018-2 (Verdemont Ranch)(2)2,671 2,818 2,818 2,892 2,892 3,009 Total Assessments & Special Taxes $3,779 $3,926 $3,926 $4,000 $4,000 $4,117 Projected Total Property Tax $11,783 $12,773 $12,891 $13,222 $13,089 $13,756 Projected Effective Tax Rate 1.86%1.82%1.82%1.81%1.82%1.80% (1)Reflects the appraised value based as of the Date of Value and ownership. (2)Reflects estimated Fiscal Year 2023-24 Special Tax levy based on development as of March 1, 2023 and includes priority Administrative Expenses in the amount of $25,000. (3)Reflects estimated Fiscal Year 2023-24 Special Tax rates for tax bill items. Source: San Bernardino County Assessor’s Office; Spicer Consulting Group, LLC. Appraisal Report In order to provide information with respect to the value of the property within the District, the County engaged Kitty Siino & Associates, Inc., the Appraiser, to prepare the Appraisal Report. The Appraiser has an “MAI” designation from the Appraisal Institute and has prepared numerous appraisals for the sale of land-secured municipal bonds. The Appraiser was selected by the City and has no material relationships with the City or the owners of the land within the District other than the relationship represented by the engagement to prepare the Appraisal Report. The City instructed the Appraiser to prepare its analysis and report in conformity with the Uniform Standards of Professional Appraisal Practice and the appraisal standards of the California Debt and Investment Advisory Commission. A copy of the Appraisal Report is included as APPENDIX B — “APPRAISAL REPORT” to this Official Statement.       Packet Pg. 1869 29 The purpose of the Appraisal Report was to estimate the market value of the fee simple interest of the property within the District subject to the Special Tax levy. The estimate of market value assumes that all improvements and benefits to the subject properties, which are to be funded with the proceeds of the Bonds are completed and in place. Subject to the assumptions and limiting conditions set forth in the Appraisal Report, the Appraiser concluded that, as of the Date of Value, the appraised value of the property within the District subject to the Special Tax lien was $34,014,596. The Appraisal Report is based upon a variety of assumptions and limiting conditions that are described in APPENDIX B. The City makes no representation as to the accuracy of the Appraisal Report. See APPENDIX B — “APPRAISAL REPORT.” There is no assurance that the property within the District can be sold for the prices set forth in the Appraisal Report or that any parcel can be sold for a price sufficient to pay the Special Tax for that parcel in the event of a default in payment of Special Taxes by the landowner. See “RISK FACTORS — Land Values” and APPENDIX B — “APPRAISAL REPORT.” Estimated Value-to-Lien Ratio The appraised value of the property within the District as of the Date of Value is $34,014,596. Dividing the appraised value by the principal amount of the Bonds results in value to lien ratio of 11.91* to 1 for the District. The ratio for total outstanding bonded debt including overlapping debt is 9.22* to 1 for the District. However, additional land-secured special tax or assessment debt could be applicable to the parcels within the District in the future. See “RISK FACTORS — Parity Taxes and Special Assessments.” * Preliminary, subject to change.       Packet Pg. 1870 30 Table 5 below reflects the values assigned to parcels in the Appraisal Report, the estimated principal amount of the Bonds and the estimated appraised value-to-lien ratios in the District, based on the estimated Fiscal Year 2023-24 Special Tax levy, categorized by property ownership. The Property Owner, as owner of 46 of the 74 lots within the District (29 of which will be classified as Developed Property under the Rate and Method, as of March 1, 2023 for purposes of the Fiscal Year 2023-24 Special Tax levy), is responsible for the payment of 58.50% of the Fiscal Year 2023-24 Special Tax levy. See “RISK FACTORS - Concentration of Ownership.” [As of May 1, 2023, additional units were sold to individual property owners and the Property Owners own ___ of the 74 lots within the District and is responsible for the payment of ___% of the Fiscal Year 2023-24 Special Tax levy.] TABLE 5 COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO ESTIMATED VALUE-TO-LIEN RATIOS FOR FISCAL YEAR 2023-24 ALLOCATED BY PROPERTY OWNERSHIP (As of March 1, 2023) Property Owner No. of Units Appraised Property Value(2) Percentage of Appraised Value Maximum Special Tax Percentage of Maximum Special Tax Levy Estimated Fiscal Year 2023-24 Levy(3) Percentage of Estimated Fiscal Year 2023-24 Levy CFD 2018-2 Proposed 2023 Bonds(4) All Other Overlapping Debt Issued Appraised Value-to- Lien Ratio Developed Individually Owned 28 $19,922,930 58.57%$ 80,901 37.98%$ 79,894 41.50%$1,184,928 $346,653 13.01:1 Developed – SB17329 Owned(1)6 2,919,069 8.58 17,185 8.07 16,909 8.78 250,777 73,365 9.01:1 Developed – Verdemont Owned(2)23 7,696,731 22.63 66,483 31.21 65,803 34.18 975,929 285,510 6.10:1 Subtotal Developed 57 $30,538,730 89.78%$164,568 77.25%$162,606 84.47%$2,411,634 $705,528 9.80:1 Approved – Verdemont Owned(3)17 3,475,866 10.22% 48,454 22.75% 29,894 15.53% 443,366 129,707 6.07:1 Subtotal Property Owner Owned 17 $ 3,475,866 10.22%$ 48,454 22.75%$ 29,894 15.53%$ 443,366 $129,707 6.07:1 Total 74 $34,014,596 100.00%$213,022 100.00%$192,500 100.00%$2,855,000 $835,236 9.22:1 (1)Reflects appraised value for 4 model homes, 12 lots over 95% complete, 13 homes under construction owned by the SB17329, which have building permits issued and are therefore considered developed according the Rate and Method. (2)Reflects the appraised value, as of the Date of Value. (3)Estimated Fiscal Year 2023-24 Special Tax Levy based upon development status as of March 1, 2023 and preliminary debt service with administration of $25,000. (4)Includes the principal amount of the Bonds. Responsibility of the principal amount of the Bonds has been allocated based on the projected Fiscal Year 2023-24 Special Tax levy based on development status as of March 1, 2023. Source: San Bernardino County Assessor’s Office; Spicer Consulting Group, LLC.       Packet Pg. 1871 31 Table 6 below sets forth the appraised value-to-lien ratios for the parcels of Taxable Property in the District by value-to-lien ranges based on the projected Fiscal Year 2023-24 Special Tax levy and development status as of the Date of Value. Since the Date of Value, the Property Owners have conveyed additional homes to individual homeowners and has commenced construction of additional homes within the District. See “THE DISTRICT – The Development.” TABLE 6 COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO VALUE-TO-LIEN STRATIFICATION FOR DEVELOPED PROPERTY ONLY Value-to Lien Category No. of Units Percentage of Units Appraised Value(1) Percentage of Appraised Value CFD 2018-2 Estimated Fiscal Year 2023-24 Levy Percent Share of Estimated Fiscal Year 2023-24 Levy CFD 2018-2 Proposed 2023 Bonds(2) Percent Share of Proposed 2023 Bonds All Other Overlappi ng Debt Aggregate Value-to-Lien Less than 3.00:1(3)0 0.00%$ 0 0.00%$ 0 0.00%$ 0 0.00%$ 0 N/A Between 3.01:1 to 6.00:1 14 18.92 2,862,478 8.42 40,352 20.96 598,460 20.96 175,081 3.70:1 Between 6.01:1 to 9.00:1 20 27.03 4,840,774 14.23 37,908 19.69 562,218 19.69 164,478 6.66:1 Between 9.01:1 to 12.00:1 11 14.86 5,718,374 16.81 31,454 16.34 466,505 16.34 136,477 9.48:1 Greater than 12.01:1(3)29 39.19 20,592,970 60.54 82,786 43.01 1,227,817 43.01 359,200 12.98:1 Total 74 100.00%$34,014,596 100.00%$192,500 100.00%$2,855,000 100.00%$835,236 9.22:1 (1)Reflects the appraised value as of the Date of Value and ownership information. (2)Responsibility of the par amount has been allocated based on the estimated Fiscal Year 2023-24 Special Tax levy, with development status as of March 1, 2023 and preliminary bond sizing as provided by the Underwriter. (3)The minimum value to lien in the 3.00:1 to 6.00:1 category is 3.54:1. The maximum value to lien in the Greater than 12.00:1 category is 13.23:1. Source: San Bernardino Assessor’s Office; Spicer Consulting Group, LLC.       Packet Pg. 1872 32 Delinquency History There are no delinquencies on the parcels in the District for Fiscal Year 2022-23. City’s Collection Practices The staff of the City provides administrative and other support services for the community facilities districts that have been formed by the City. These services include, but are not limited to, attempting to collect delinquent special taxes prior to the commencement of foreclosure proceedings by sending demand letters to property owners whose special taxes are delinquent advising them of the consequences of failing to pay the applicable special taxes. The City expects to levy Special Taxes within the District and will covenant in the Fiscal Agent Agreement to commence foreclosure proceedings against parcels with delinquent Special Taxes under certain circumstances described in this Official Statement. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales.” RISK FACTORS The purchase of the Bonds involves significant investment risks and, therefore, the Bonds are not suitable investments for many investors. The following is a discussion of certain risk factors which should be considered, in addition to other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. The Bonds have not been rated by a rating agency. This discussion does not purport to be comprehensive or definitive and does not purport to be a complete statement of all factors which may be considered as risks in evaluating the credit quality of the Bonds. The occurrence of one or more of the events discussed in this section of this Official Statement could adversely affect the ability or willingness of property owners in the District to pay their Special Taxes when due. Such failures to pay Special Taxes could result in the inability of the District to make full and punctual payments of debt service on the Bonds. In addition, the occurrence of one or more of the events discussed in this section of this Official Statement could adversely affect the value of the property in the District. See “— Land Values” and “— Limited Secondary Market” below. Risks of Real Estate Secured Investments Generally The Bond Owners will be subject to the risks generally incident to an investment secured by real estate, including, without limitation, (i) adverse changes in local market conditions, such as changes in the market value of real property in the vicinity of the District, the supply of or demand for competitive properties in such area, and the market value of residential property or buildings and/or sites in the event of sale or foreclosure; (ii) changes in real estate tax rates and other operating expenses, governmental rules and fiscal policies; and (iii) natural disasters (including, without limitation, earthquakes and floods), which may result in uninsured losses. No assurance can be given that the individual homeowners will pay Special Taxes in the future or that they will be able to pay such Special Taxes on a timely basis. See “— Bankruptcy and Foreclosure” below, for a discussion of certain limitations on the District’s ability to pursue judicial proceedings with respect to delinquent parcels. Limited Obligations The Bonds and related interest are not payable from the funds of the City. Except with respect to the Special Taxes, neither the credit nor the taxing power of the District or the City is pledged for the payment of principal or interest of the Bonds, and, except as provided in the Fiscal Agent Agreement, no Owner of the Bonds may compel the exercise of any taxing power by the District or the City or force the forfeiture of any City or District property. The principal of, premium, if any, and interest on the Bonds are not a debt of the City or a legal or equitable pledge, charge, lien or encumbrance upon any of the City’s or District’s property or upon any of the City’s or District’s income, receipts or revenues, except the Special Tax Revenues and other amounts pledged under the Fiscal Agent Agreement.       Packet Pg. 1873 33 Insufficiency of Special Taxes The annual amount of Special Tax to be levied on each taxable parcel in the District will generally be based on the land use class to which a parcel of Developed Property is assigned under the Rate and Method. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX” and “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Rate and Method of Apportionment of Special Tax.” The maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Notwithstanding that the maximum Special Taxes that may be levied in the District exceeds debt service due on the Bonds, the Special Taxes collected could be inadequate to make timely payment of debt service either because of nonpayment or because property becomes exempt from taxation as permitted in the Rate and Method. In order to pay debt service on the Bonds, it is necessary that the Special Taxes be paid in a timely manner. Should the Special Taxes not be paid on time, the City has established a Reserve Fund under the Fiscal Agent Agreement to pay debt service on the Bonds to the extent other funds are not available. See “SOURCES OF PAYMENT FOR THE BONDS — Reserve Fund.” The City will covenant in the Fiscal Agent Agreement to maintain in the Reserve Fund an amount equal to the Reserve Requirement subject, however, to the limitation that the City may not levy the Special Tax in the District in any Fiscal Year at a rate in excess of the maximum amounts permitted under the Rate and Method. In addition, under no circumstances may the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by owner of any other parcel or parcels within the District by more than 10% in any Fiscal Year. As a result, if a significant number of delinquencies occurs, the District could be unable to replenish the Reserve Fund to the Reserve Requirement. If such defaults were to continue in successive years, the Reserve Fund could be depleted and a default on the Bonds could occur. The City will covenant in the Fiscal Agent Agreement that, under certain conditions, it will institute judicial foreclosure proceedings to sell any property with delinquent Special Taxes in order to obtain funds to pay debt service on the Bonds. If foreclosure proceedings were ever instituted, any mortgage or deed of trust holder could, but would not be required to, advance the amount of the delinquent Special Tax to protect its security interest. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales” for provisions which apply in the event of such foreclosure and which the City is required to follow in the event of delinquencies in the payment of the Special Tax. In the event that sales or foreclosures of property are necessary, there could be a delay in payments to owners of the Bonds (if the Reserve Fund has been depleted) pending such sales or the prosecution of such foreclosure proceedings and receipt by the City on behalf of the District of the proceeds of sale. The City may adjust the future Special Tax levied on taxable parcels in the District, subject to the limitation on the maximum Special Tax, to provide an amount required to pay interest on, principal of, and redemption premiums, if any, on the Bonds, and the amount, if any, necessary to replenish the Reserve Fund to an amount equal to the Reserve Requirement and to pay all current expenses. There is, however, no assurance that the total amount of the Special Tax that could be levied and collected against taxable parcels in the District will be at all times sufficient to pay the amounts required to be paid by the Fiscal Agent Agreement, even if the Special Tax is levied at the maximum Special Tax rates. See “Bankruptcy and Foreclosure” below for a discussion of potential delays in foreclosure actions. The Rate and Method governing the levy of the Special Tax expressly exempts property owned by public agencies and other exempt entities in the District. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” If for any reason property within the District becomes exempt from taxation by reason of ownership by a non-taxable entity such as the federal government, another public agency or a religious organization, subject to the limitations of the maximum authorized rates, the Special Tax will be reallocated to the remaining taxable properties within the District. This would result in the owners of such       Packet Pg. 1874 34 property paying a greater amount of the Special Tax and could have an adverse impact upon the ability and willingness of the owners of such property to pay the Special Tax when due. The Act provides that, if any property within the District not otherwise exempt from the Special Tax is acquired by a public entity through a negotiated transaction, or by gift or devise, the Special Tax will continue to be levied on and enforceable against the public entity that acquired the property. In addition, the Act provides that, if property subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation to pay the Special Tax with respect to that property is to be treated as if it were a special assessment and be paid from the eminent domain award. The constitutionality and operation of these provisions of the Act have not been tested in the courts. Due to problems of collecting taxes from public agencies, if a substantial portion of land within the District was to become owned by public agencies, collection of the Special Tax might become more difficult and could result in collections of the Special Tax which might not be sufficient to pay principal of and interest on the Bonds when due and a default could occur with respect to the payment of such principal and interest. Special Tax Delinquencies Under provisions of the Act, the Special Taxes, from which funds necessary for the payment of principal of, and interest on, the Bonds are derived, are customarily billed to the properties within the District on the ad valorem property tax bills sent to owners of such properties. The Act currently provides that such Special Tax installments are due and payable, and bear the same penalties and interest for non-payment, as do ad valorem property tax installments. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales,” for a discussion of the provisions which apply, and procedures which the City is obligated to follow under the Fiscal Agent Agreement, in the event of delinquencies in the payment of Special Taxes. See “— FDIC/Federal Government Interests in Properties” below, for a discussion of the policy of the Federal Deposit Insurance Corporation (the “FDIC”) regarding the payment of special taxes and assessment and limitations on the City’s ability to foreclose on the lien of the Special Taxes in certain circumstances where property within the District is owned by the federal government, agencies of the federal government, or, possibly, government sponsored enterprises such as Federal National Mortgage Association (“Fannie Mae”) and Federal Home Loan Mortgage Corporation (“Freddie Mac”). The City has the authority and the obligation, subject to the Act and the maximum Special Tax rates set forth in the Rate and Method, to increase the levy of Special Taxes against non-delinquent property owners in the District in the event other owners in the District are delinquent. Pursuant to the Rate and Method and the Act, under no circumstances may the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by owner of any other parcel or parcels within the District by more than 10% in any Fiscal Year. Thus, the City may not be able to increase Special Tax levies in future Fiscal Years by enough to make up for delinquencies for prior Fiscal Years. This would result in draws on the Reserve Fund, and if delinquencies continue and in the aggregate exceed the Reserve Fund balance, defaults would occur in the payment of principal and interest on the Bonds. Although the City will covenant in the Fiscal Agent Agreement to commence and diligently pursue foreclosure under the circumstances described under the caption “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales,” foreclosure delays may occur under the circumstances described under the caption “RISK FACTORS — Bankruptcy and Foreclosure.” Delinquencies may result as a consequence of many factors. See “RISK FACTORS,” generally, for a discussion of certain potential causes of delinquencies.       Packet Pg. 1875 35 Climate Change According to the California Climate Change Fourth Assessment for the Inland Desert Regions, which was published in 2018, the region covering the City, the region will continue to experience, among other things, (a) extremely high maximum temperatures, (b) increased energy needs for cooling to compensate for a rise in temperatures, and (c) increased water stress in an already water-limited region. Such climate change risks may exacerbate the impact of natural disasters listed above. See “— Natural Disasters.” Natural Disasters The District, like all California communities, may be subject to unpredictable seismic activity, fires, flood, or other natural disasters. Southern California is a seismically active area. On June 4, 2020, there was a 5.5 magnitude earthquake in the in Searless Valley, California in the County of San Bernardino. The City is located between several active fault zones including: the San Andreas Fault, the San Jacinto Fault, the Glen Helen Fault and the Loma Linda Fault. Seismic activity represents a potential risk for damage to buildings, roads, bridges and property within the District. In addition, land susceptible to seismic activity may be subject to liquefaction during the occurrence of such event. The District is not located within an earthquake fault zone. Per FEMA Map No. 06071C7930J, dated September 2, 2016, the District is located in Zone X, areas determined to be outside of the 0.2 percent annual chance floodplain. In recent years, wildfires have caused extensive damage throughout the State, including within the City. Certain of these fires have burned thousands of acres and destroyed hundreds and in some cases thousands of homes. In some instances entire neighborhoods have been destroyed. Several fires that occurred in recent years damaged or destroyed property in areas that were not previously considered to be at risk from such events. In August 2021, there was a fire north of Glen Helen Parkway, east of Sierra Avenue and Lytle Creek Road, west of the 15 Freeway in San Bernardino County that burned 819 acres. In September of 2021, there was another fire in the City of San Bernardino near the I-215 Freeway and University Parkway that burned 71 acres. Sixty percent (60%) of the District is located in an area which the Department of Forestry and Fire Protection of the State has designated as a very high fire hazard severity zone. There is a risk of residential property within the District being destroyed by wildfires and no assurance can be given as to the severity or frequency of wildfires within the vicinity of the District. There may also be a risk that homeowners may not be able to obtain casualty loss insurance from commercial carriers and may need to obtain insurance from the California Insurance Pool Authority. In the event of a severe earthquake, fire, flood or other natural disaster, there may be significant damage to both property and infrastructure in the District. As a result, a substantial portion of the property owners may be unable or unwilling to pay the Special Taxes when due. In addition, the value of land in the District could be diminished in the aftermath of such a natural disaster, reducing the resulting proceeds of foreclosure sales in the event of delinquencies in the payment of the Special Taxes. Drought From time to time, areas of the State have experienced significant drought conditions that resulted in severe impacts to water supplies and restrictions on water use. On July 8, 2021, Governor Newsom issued Executive Order No. 10-21, which declared a drought state of emergency in 50 counties in northern and central California (including the County) and requested that all water users voluntarily reduce water use by fifteen percent (15%). On October 19, 2021, the Governor extended the declaration to include the remaining counties, such that the drought state of emergency is in effect Statewide. At the end of March 2022, following the driest first three months of a year in the state’s recorded history, Governor Newsom signed an executive order calling on local water suppliers to move to Level 2 of their Water Shortage Contingency Plans, which require locally-appropriate actions that will conserve water across all sectors, and directed the State Water Resources Control Board to consider a ban on the watering of decorative grass at businesses and institutions. The State Water Resources Control Board voted unanimously on May 24, 2022, to implement a statewide ban on watering of non-functional       Packet Pg. 1876 36 turf in the commercial, industrial, and institutional sectors, as well as regulations requiring local agencies to implement water use restrictions amid the possibility that water supplies may be up to 20% lower due to extreme weather. In the last ten years, the per capita water use in the system has been reduced due to conservation measures. An increase in drought conditions could lead to wildfires which may cause damage within the District. See “— Natural Disasters” above. The statewide regulations also require that all California water suppliers implement conservation actions under Level 2 of their Water Shortage Contingency Plans. The statewide regulations went into effect on June 10, 2022. On March 24, 2023, Governor Newsom rolled back some drought emergency provisions that were no longer needed due to increased rainfall in the region, while maintaining other measures that support regions and communities still facing water supply challenges and that continue building up long-term water resilience. The Executive Order ended the voluntary 15% water conservation target, while continuing to encourage that Californians make conservation a way of life, ended the requirement that local water agencies implement level 2 of their drought contingency plans, maintained the ban on wasteful water uses, such as watering ornamental grass on commercial properties, preserved all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating, maintained orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought, retained a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue. San Bernardino Municipal Water District is currently in Stage 3 of its Water Shortage Contingency Plan and customers may water their property only before 8 a.m. and after 6 p.m. on Mondays, Wednesdays, and Fridays. Watering of outdoor landscapes can only be conducted in manner that does not causes excessive runoff. Furthermore, maximum sprinkler irrigation time is 15 minutes per station per irrigation day. Irrigation is prohibited for a full 48 hours after a significant precipitation event has occurred over the City of San Bernardino. Wind According to the Safety Element of the City’s General Plan, the City is subject to extremely high winds, which have resulted in significant property damage. For example, portions of roofs and block walls have been broken and blown away and public utility structures such as power lines and traffic signals have been damaged. The most significant wind problems occur at the canyon mouths and valleys extending downslope from the San Bernardino Mountains. The highest velocities are associated with downslope canyon and Santa Ana winds (90- 100 mph). Santa Ana wind conditions are a reversal of the prevailing southwesterly winds and usually occur on a region-wide basis during late summer and early fall. Santa Ana winds are dry, warm winds that flow from the higher desert elevations in the north through the mountain passes and canyons. Of the major fires in the San Bernardino Mountains, all have occurred during periods of high winds. The high wind velocity and property damage potential have resulted in the northern half of the City adjacent to the mountains being classified by the City as a “High Wind Area.” In this area of the City, stringent conditions for the construction of buildings and public facilities are applied. Hazardous Substances The presence of hazardous substances on a parcel may result in a reduction in the value of a parcel. In general, the owners and operators of a parcel may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as “CERCLA” or the “Superfund Act,” is the most well-known and widely applicable of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the taxed parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as is the seller.       Packet Pg. 1877 37 Further, it is possible that liabilities may arise in the future with respect to any of the parcels resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but which has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently on the parcel of a substance not presently classified as hazardous but which may in the future be so classified. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. All of these possibilities could significantly affect the value of a parcel that is realizable upon a delinquency and the willingness or ability of the owner of any parcel to pay the Special Tax Installments. The value of the taxable property within the District, as set forth in the various tables in this Official Statement, does not reflect the presence of any hazardous substance or the possible liability of the owner (or operator) for the remedy of a hazardous substance condition of the property. The City has not independently verified, but is not aware, that any owner (or operator) of any of the parcels within the District has such a current liability with respect to any such parcel. However, it is possible that such liabilities do currently exist and that the District is not aware of them. Parity Taxes and Special Assessments Property within the District is subject to taxes imposed by public agencies also having jurisdiction over the land within the District. See “THE DISTRICT — Estimated Direct and Overlapping Indebtedness.” The Special Taxes and any related penalties will constitute a lien against the lots and parcels of land on which they will be annually imposed until they are paid. Such lien is on a parity with all special taxes and special assessments levied by the City and other agencies and is co-equal to and independent of the lien for general property taxes regardless of when they are imposed upon the same property. The Special Taxes have priority over all existing and future private liens imposed on the property except, possibly, for liens or security interests held by the Federal Deposit Insurance Corporation. See “RISK FACTORS — Bankruptcy and Foreclosure” below. The City has no control over the ability of other entities and districts to issue indebtedness secured by special taxes, ad valorem taxes or assessments payable from all or a portion of the property within the District. In addition, the landowners within the District may, without the consent or knowledge of the City, petition other public agencies to issue public indebtedness secured by special taxes, ad valorem taxes or assessments. Any such special taxes, ad valorem taxes or assessments may have a lien on such property on a parity with the Special Taxes and could reduce the estimated value-to-lien ratios for property within the District described in this Official Statement. See “SOURCES OF PAYMENT FOR BONDS” and “THE DISTRICT — Estimated Direct and Overlapping Indebtedness.” Disclosures to Future Purchasers The willingness or ability of an owner of a parcel to pay the Special Tax even if the value of the parcel is sufficient may be affected by whether or not the owner was given due notice of the Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and the risk of such a levy, and, at the time of such a levy, has the ability to pay it as well as pay other expenses and obligations. The City has caused the Notice of Special Tax Lien to be recorded in the Office of the Recorder for the County against each parcel. While title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the purchase of a property within the District or lending of money thereon. The Act requires the subdivider (or its agent or representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a Mello-Roos special tax of the existence and maximum amount of such special tax using a statutorily prescribed form. California Civil Code Section 1102.6b       Packet Pg. 1878 38 requires that in the case of transfers other than those covered by the above requirement, the seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by a purchaser or lessor to consider or understand the nature and existence of the Special Tax, could adversely affect the willingness and ability of the purchaser or lessor to pay the Special Tax when due. Non-Cash Payments of Special Taxes Under the Act, the City Council as the legislative body of the District may reserve to itself the right and authority to allow the owner of any taxable parcel to tender a Bond in full or partial payment of any installment of the Special Taxes or the interest or penalties thereon. A Bond so tendered is to be accepted at par and credit is to be given for any interest accrued thereon to the date of the tender. Thus, if Bonds can be purchased in the secondary market at a discount, it may be to the advantage of an owner of a taxable parcel to pay the Special Taxes applicable thereto by tendering a Bond. Such a practice would decrease the cash flow available to the City to make payments with respect to other Bonds then outstanding; and, unless the practice was limited by the City, the Special Taxes paid in cash could be insufficient to pay the debt service due with respect to such other Bonds. In order to provide some protection against the potential adverse impact on cash flows, which might be caused by the tender of Bonds in payment of Special Taxes, the Fiscal Agent Agreement includes a covenant pursuant to which the City will not authorize owners of taxable parcels to satisfy Special Tax obligations by the tender of Bonds unless the City shall have first obtained a report of an Independent Financial Consultant certifying that doing so would not result in the City having insufficient Special Tax Revenues to pay the principal of and interest on all Outstanding Bonds when due. Payment of the Special Tax Is Not a Personal Obligation of the Owners An owner of a taxable parcel is not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation which is secured only by a lien against the taxable parcel. If the value of a taxable parcel is not sufficient, taking into account other liens imposed by public agencies, to secure fully the Special Tax, the City has no recourse against the owner. Concentration of Ownership Based on development and ownership status as of the Date of Value, the Property Owners and individuals expected to be responsible for approximately 41.50% and 58.50%, respectively, of the projected Fiscal Year 2023- 24 Special Tax levy, respectively. See Table 5 herein. The timely payment of principal of and interest on the Bonds depends upon the willingness and ability of the current and future property owners in the District to pay the Special Taxes prior to delinquency. General and local economic conditions and governmental requirements or restrictions may affect the willingness of the current property owners, or any successor property owners, to pay the Special Taxes, and there is no assurance that the current property owners, or any successor property owners, will pay such Special Taxes even if financially able to do so. Due to the concentration of ownership of the property within the District, a failure by the Property Owners or any successor property owner thereto to pay the Special Taxes may result in a default in the payment of debt service on the Bonds. Land Values The value of the property within the District is a critical factor in determining the investment quality of the Bonds. If a property owner is delinquent in the payment of Special Taxes, the District’s only remedy is to commence foreclosure proceedings against the delinquent parcel in an attempt to obtain funds to pay the Special Taxes. Reductions in property values due to a downturn in the economy, physical events such as earthquakes, fires or floods, stricter land use regulations, delays in development or other events will adversely impact the       Packet Pg. 1879 39 security underlying the Special Taxes. See “THE DISTRICT — Appraisal Report” and APPENDIX B — “APPRAISAL REPORT.” The Appraiser has estimated, on the basis of certain assumptions and limiting conditions contained in the Appraisal Report, that as of the Date of Value, the minimum market value of the property within the District was $34,014,596. See “THE DISTRICT — Appraisal Report.” The Appraisal Report indicates the Appraiser’s opinion as to the minimum market value of the properties referred to therein as of the date and under the conditions specified therein. The Appraiser’s opinion reflects conditions prevailing in the applicable market as of the Date of Value. The Appraiser’s opinion does not predict the future value of the subject property, and there can be no assurance that market conditions will not change adversely in the future. Prospective purchasers of the Bonds should not assume that the taxable land within the District could be sold for the appraised amount at a foreclosure sale for delinquent Special Taxes. In arriving at the estimate of market value, the Appraiser assumes that any sale will be unaffected by undue stimulus and will occur following a reasonable marketing period, which is not always present in a foreclosure sale. See APPENDIX B for a description of other assumptions made by the Appraiser and for the definitions and limiting conditions used by the Appraiser. Any event which causes one of the Appraiser’s assumptions to be untrue could result in a reduction of the value of the taxable land and improvements within the District from the market value estimated by the Appraiser. No assurance can be given that any bid will be received for a parcel with delinquent Special Taxes offered for sale at foreclosure or, if a bid is received, that such bid will be sufficient to pay all delinquent Special Taxes. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales.” Increasing Mortgage Interest Rates Between approximately November 2021 and April 2023, mortgage interest rates for 30-year mortgage loans have increased from approximately 3.1% to 6.2%. Increases in mortgage interest rates could have a negative impact on the estimated absorption rates of the planned for-sale residential units in the District described herein. With respect to entry-level households, increased mortgage interest rates may adversely impact the affordability of homes and may increase mortgage payment levels for owning a lower-priced home relative to renting a residence, thereby making purchasing less attractive. With respect to move-up households, higher mortgage interest rates may impact the desire of current homeowners to move from their present home due to the fact that their present home likely has a relatively low mortgage interest rate. In addition, in such instances, a new home would likely have a higher interest rate on a new mortgage loan as well as a higher purchase price and property taxes. Such considerations may decrease the desire for move-up households to purchase a new home. The foregoing factors could reduce demand for and/or the ability to achieve the sales prices of the planned for-sale homes within the District as described herein. Impact of Economic Conditions on the Development in the District Certain events and factors which negatively affect the regional, State and national economies could have an adverse effect on the pace at which the Developer can complete future homes, and demand by, and the ability of individuals to purchase homes within the District. Such events and factors could include rising inflation and interest rates, persistent supply chain issues, further impacts of the COVID-19 pandemic and global market instability caused by the war in Ukraine. Any adverse impact of the foregoing and other economic factors on the Project in the District and the real estate market in general cannot be predicted. FDIC/Federal Government Interests in Properties The ability of the City to foreclose the lien of delinquent unpaid Special Tax installments may be limited with regard to properties in which the FDIC, the Drug Enforcement Agency, the Internal Revenue Service, or other federal agency has or obtains an interest.       Packet Pg. 1880 40 Federal courts have held that, based on the supremacy clause of the United States Constitution, in the absence of Congressional intent to the contrary, a state or local agency cannot foreclose to collect delinquent taxes or assessments if foreclosure would impair the federal government interest. The supremacy clause of the United States Constitution reads as follows: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.” This means that, unless Congress has otherwise provided, if a federal governmental entity owns a parcel that is subject to Special Taxes within the District but does not pay taxes and assessments levied on the parcel (including Special Taxes), the applicable state and local governments cannot foreclose on the parcel to collect the delinquent taxes and assessments. Moreover, unless Congress has otherwise provided, if the federal government has a mortgage interest in the parcel and the City wishes to foreclose on the parcel as a result of delinquent Special Taxes, the property cannot be sold at a foreclosure sale unless it can be sold for an amount sufficient to pay delinquent taxes and assessments on parity with the Special Taxes and preserve the federal government’s mortgage interest. In Rust v. Johnson (9th Circuit; 1979) 597 F.2d 174, the United States Court of Appeal, Ninth Circuit held that the Federal National Mortgage Association (“FNMA”) is a federal instrumentality for purposes of this doctrine, and not a private entity, and that, as a result, an exercise of state power over a mortgage interest held by FNMA constitutes an exercise of state power over property of the United States. Bankruptcy and Foreclosure The payment of the Special Tax and the ability of the City to foreclose the lien of a delinquent unpaid tax may be limited by bankruptcy, insolvency or other laws generally affecting creditors’ rights or by the laws of the State relating to judicial foreclosure. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel’s approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights, by the application of equitable principles and by the exercise of judicial discretion in appropriate cases. Although bankruptcy proceedings would not cause the Special Taxes to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure proceedings and could result in the possibility of delinquent Special Tax installments not being paid in full. Such a delay would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds. To the extent that property in the District continues to be owned by a limited number of property owners, the chances are increased that the Reserve Fund could be fully depleted during any such delay in obtaining payment of delinquent Special Taxes. As a result, sufficient moneys would not be available in the Reserve Fund for transfer to the Debt Service Fund or the Redemption Fund to make up shortfalls resulting from delinquent payments of the Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. To the extent that bankruptcy or similar proceedings were to involve a large property owner, the chances would increase the likelihood that the Reserve Fund could be fully depleted during any resulting delay in receiving payment of delinquent Special Taxes. As a result, sufficient monies would not be available in the Reserve Fund for transfer to the Redemption Fund to make up any shortfalls resulting from delinquent payments of the Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. On July 30, 1992, the United States Court of Appeals for the Ninth Circuit issued its opinion in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad valorem property taxes levied by Snohomish County in the State of Washington after the date that the property owner filed a petition for bankruptcy were not entitled to priority over a secured creditor with a prior lien on that property. The court       Packet Pg. 1881 41 upheld the priority of unpaid ad valorem property taxes imposed before the bankruptcy petition (the “pre-petition taxes”), but unpaid taxes imposed after the filing of the bankruptcy petition (“post-petition taxes”) were declared to be unsecured “administrative expenses” of the bankruptcy estate, and were therefore held to be payable from the bankruptcy estate only after payment of all secured creditors. As a result, the secured creditor of the property was able to foreclose on the property and retain all of the proceeds of the sale except for the amount of the pre- petition taxes. According to the court’s ruling, as administrative expenses, post-petition taxes would have to be paid, but only if the debtor had sufficient assets not subject to other perfected security interests to do so. In certain circumstances, payment of such administrative expenses may also be allowed to be deferred. Once the property is transferred out of the bankruptcy estate (through foreclosure or otherwise) it would at that time again become subject to and would secure liens for then current and future ad valorem property taxes. Glasply was controlling precedent on bankruptcy courts in the State for several years subsequent to the date of the Ninth Circuit’s holding. Pursuant to state law, the lien date for general ad valorem property taxes levied in the State is the January 1 preceding the Fiscal Year for which the taxes are levied. Under the Glasply holding, a bankruptcy petition filing would have prevented the lien for general ad valorem property taxes levied in Fiscal Years subsequent to the filing of a bankruptcy petition from attaching and becoming a lien so long as the property was a part of the estate in bankruptcy. However, the Glasply holding was for the most part subsequently rendered inoperative with respect to the imposition of a lien for and the collection of ad valorem property taxes by amendments to the federal Bankruptcy Code (Title 11 U.S.C.) which were part of the Bankruptcy Reform Act of 1994 (the “Bankruptcy Reform Act”) passed by Congress during the latter part of 1994. The Bankruptcy Reform Act added a provision to the automatic stay section of the Bankruptcy Code which, pursuant to Section 362(b)(18) thereof, excepts from the Bankruptcy Code’s automatic stay provisions, “the creation of a statutory lien for an ad valorem property tax imposed by . . . a political subdivision of a state, if such tax comes due after the filing of the petition” by a debtor in bankruptcy court. The effect of this provision is to continue the secured interest of ad valorem taxes on real property (i.e., post-petition taxes) in effect during the period following the filing of a bankruptcy petition, including during the period bankruptcy proceedings are pending. Without further clarification by the courts or Congress, the original rationale of the Glasply holding could, however, still result in the treatment of post-petition special taxes as “administrative expenses,” rather than as tax liens secured by real property, at least during the pendency of bankruptcy proceedings. This treatment might result from the fact that, although the lien of special taxes is of record from the date of the filing of a Notice of Special Tax Lien, the actual special tax is levied annually. As noted above, special taxes have a different lien date than the lien date for general ad valorem property taxes in the State noted above. The lien of a Mello-Roos special tax attaches upon recordation of the notice of the special tax lien, as provided for in Section 53328.3 of the Act, as opposed to the annual January 1 lien date for general ad valorem property taxes. Thus, in deciding whether the original Glasply ruling is applicable to a bankruptcy proceeding involving special taxes rather than general ad valorem property taxes, a court might consider the differences in the statutory provisions for creation of the applicable tax lien (general ad valorem or special tax) in determining whether there is a basis for post-petition special taxes to be entitled to a lien on the property during pending bankruptcy proceedings. If a court were to apply Glasply to eliminate the priority of the special tax lien as a secured claim against property with respect to post-petition levies of the Special Taxes made against property owners within the District who file for bankruptcy, collections of the Special Taxes from such property owners could be reduced as the result of being treated as “administrative expenses” of the bankruptcy estate. Also, and most importantly, is the fact that the original holding in Glasply and the mitigation of that holding by the Bankruptcy Reform Act of 1994 both appear to be applicable only to general ad valorem property taxes, and, therefore, the exemption from the automatic stay in Section 362(b)(18) discussed above may not be applicable to special taxes since they were not expressly mentioned or provided for in this section, nor defined to be included within the term “ad valorem property taxes.”       Packet Pg. 1882 42 No Acceleration Provision The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event of a payment default or in the event interest on the Bonds becomes included in gross income for federal income tax purposes. See “— Limitations on Remedies” below. Loss of Tax Exemption As discussed under the caption “LEGAL MATTERS — Tax Exemption,” the interest on the Bonds could become includable in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds as a result of a failure of the City to comply with certain provisions of the Internal Revenue Code of 1986, as amended (the “Code”). Such an event of taxability would not in and of itself result in an early redemption of the Bonds and the Bonds will remain outstanding to maturity or until redeemed under the redemption provisions of the Fiscal Agent Agreement. Limitations on Remedies Remedies available to the owners of the Bonds may be limited by a variety of factors and may be inadequate to assure the timely payment of principal of and interest on the Bonds or to preserve the tax-exempt status of the Bonds. Bond Counsel has limited its opinion as to the enforceability of the Bonds and of the Fiscal Agent Agreement to the extent that enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium, or other similar laws affecting generally the enforcement of creditors’ rights, by equitable principles and by the exercise of judicial discretion. The lack of availability of certain remedies or the limitation of remedies may entail risks of delay, limitation or modification of the rights of the owners of the Bonds. Limited Secondary Market There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. Although the City has committed to provide certain financial and operating information on an annual basis, there can be no assurance that such information will be available to Bond owners on a timely basis. See “CONTINUING DISCLOSURE.” The failure to provide the required annual financial information does not give rise to monetary damages but merely an action for specific performance. Occasionally, because of general market conditions, lack of current information, or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Such prices could be substantially different from the original purchase price. Voter Initiatives Under the California Constitution, the power of initiative is reserved to the voters for the purpose of enacting statutes and constitutional amendments. Since 1978, the voters have exercised this power through the adoption of Proposition 13 and similar measures, including Proposition 218, which was approved in the general election held on November 5, 1996, and Proposition 26, which was approved on November 2, 2010. Any such initiative may affect the collection of fees, taxes and other types of revenue by local agencies such as the City. Subject to overriding federal constitutional principles, such collection may be materially and adversely affected by voter-approved initiatives, possibly to the extent of creating cash-flow problems in the payment of outstanding obligations such as the Bonds.       Packet Pg. 1883 43 Proposition 218 —Voter Approval for Local Government Taxes — Limitation on Fees, Assessments, and Charges — Initiative Constitutional Amendment, added Articles XIIIC and XIIID to the California Constitution, imposing certain vote requirements and other limitations on the imposition of new or increased taxes, assessments and property-related fees and charges. On November 2, 2010, California voters approved Proposition 26, entitled the “Supermajority Vote to Pass New Taxes and Fees Act.” Section 1 of Proposition 26 declares that Proposition 26 is intended to limit the ability of the State Legislature and local government to circumvent existing restrictions on increasing taxes by defining the new or expanded taxes as “fees.” Proposition 26 amended Articles XIIIA and XIIIC of the State Constitution. The amendments to Article XIIIA limit the ability of the State Legislature to impose higher taxes (as defined in Proposition 26) without a two-thirds vote of the Legislature. Article XIIIC requires that all new local taxes be submitted to the electorate before they become effective. Taxes for general governmental purposes require a majority vote and taxes for specific purposes (“special taxes”) require a two-thirds vote. The Special Taxes and the issuance of special tax bonds of the City for the District were each authorized by not less than a two-thirds vote of the landowners within the District who constituted the qualified electors at the time of such voted authorization. The City believes, therefore, that issuance of the Bonds does not require the conduct of further proceedings under the Mello-Roos Act, Proposition 218 or Proposition 26. Like their antecedents, Proposition 218 and Proposition 26 are likely to undergo both judicial and legislative scrutiny before the impact on the City and the District can be determined. Certain provisions of Proposition 218 and Proposition 26 may be examined by the courts for their constitutionality under both State and federal constitutional law, the outcome of which cannot be predicted. IRS Audit of Tax-Exempt Bond Issues The Internal Revenue Service has initiated an expanded program for the auditing of tax-exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be selected for audit by the Internal Revenue Service. It is also possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar bonds). Ballot Initiatives From time to time, initiative measures qualify for the State ballot pursuant to the State’s constitutional initiative process, and those measures could be adopted by California voters. The adoption of any such initiative might place limitations on the ability of the State, the County or other local districts to increase revenues or to increase appropriations or on the ability of the landowners to complete the development of land in the District. See “— Voter Initiatives.” Recent Case Law Related to the Mello-Roos Act On August 1, 2014, the California Court of Appeal, Fourth Appellate District, issued its opinion in City of San Diego v. Melvin Shapiro, et al. (D063997). The case involved a Convention Center Facilities District (the “CCFD”) established by the City of San Diego. The CCFD is a financing district established under its City of San Diego charter (the “Charter”) and was intended to function much like a community facilities district established under the Mello-Roos Act. The CCFD was comprised of all of the real property in the entire City of San Diego. However, the CCFD special tax was to be levied only on properties in the CCFD that were improved with a hotel. At the election to authorize the CCFD special tax, the CCFD proceedings limited the electorate to owners of hotel properties and lessees of real property owned by a governmental entity on which a hotel was located. Registered voters in the City of San Diego were not permitted to vote. This definition of the qualified electors of the CCFD was based on Section 53326(c) of the Mello-Roos Act, which generally provides that, if a special tax will not be apportioned in any tax year on residential property, the legislative body may provide that the vote shall       Packet Pg. 1884 44 be by the landowners of the proposed community facilities district whose property would be subject to the special tax. The San Diego Court held that the CCFD special tax election did not comply with the City of San Diego’s Charter and with applicable provisions of the California Constitution -- specifically Article XIIIA, section 4 (“Cities, Counties and special districts, by a two-thirds vote of the qualified electors of such district, may impose special taxes on such district....”) and Article XIIIC, section 2(d) (“No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote.”) -- because the electors in the CCFD election should have been the registered voters residing within the CCFD (the boundaries of which were coterminous with the boundaries of the City of San Diego). As to the District, there were no registered voters within the District at the time of the election to authorize the Special Taxes. Significantly, the San Diego Court expressly stated that it was not addressing the validity of a landowner election to impose special taxes on residential property pursuant to the Mello-Roos Act in situations where there are fewer than 12 registered voters. Therefore, by its terms, the San Diego Court’s holding does not apply to the special tax election in the District. Moreover, Sections 53341 and 53359 of the Act establish a limited period of time in which special taxes levied under the Mello-Roos Act may be challenged by a third party: 53341. Any action or proceeding to attack, review, set aside, void, or annul the levy of a special tax or an increase in a special tax pursuant to [the Mello-Roos Act] shall be commenced within 30 days after the special tax is approved by the voters.... 53359. An action to determine the validity of bonds issued pursuant to [the Mello-Roos Act] or the validity of any special taxes levied pursuant to [the Mello-Roos Act] ... shall .... be commenced within 30 days after the voters approve the issuance of the bonds or the special tax ... Section 53326(b) of the Mello-Roos Act defines the authorized voters for an election in which the special taxes will be levied on residential property: “Except as otherwise provided in subdivision (c), if at least 12 persons, who need not necessarily be the same 12 persons, have been registered to vote within the territory of the proposed community facilities district for each of the 90 days preceding the close of the protest hearing, the vote shall be by the registered voters of the proposed district, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed district and each person who is the owner of land at the close of the protest hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district not exempt from the special tax....” Landowner voters approved the Special Taxes and the issuance of bonds for the District in compliance with all applicable requirements of the Mello-Roos Act in 2021. Therefore, pursuant to Sections 53341 and 53359 of the Mello-Roos Act, the statute of limitations period to challenge the validity of the special tax has expired. Because the San Diego Court expressly stated that it did not consider the facts presented by the District and because the period for challenging the Special Taxes has passed, the City believes the Special Taxes are valid and cannot be challenged. Potential Early Redemption of Bonds from Prepayments or Assessment Bond Proceeds Property owners within the District, including the Property Owners and any individual property owner, are permitted to prepay their Special Taxes at any time. Such prepayments could also be made from the proceeds of bonds issued by or on behalf of an overlapping special assessment district or community facilities district. Such prepayments will result in a redemption of the Bonds on the Interest Payment Date for which timely notice may be given under the Fiscal Agent Agreement following the receipt of the prepayment. The resulting redemption of Bonds that were purchased at a price greater than par could reduce the otherwise expected yield on such Bonds. See the caption “THE BONDS — Redemption.”       Packet Pg. 1885 45 Legal Requirements Other events that may affect the value of a parcel include changes in the law or application of the law. Such changes may include, without limitation, local growth control initiatives, local utility connection moratoriums and local application of statewide tax and governmental spending limitation measures. Development in the District may also be adversely affected by the application of laws protecting endangered or threatened species. Cyber Security The City, like many other public and private entities, relies on computer and other digital networks and systems to conduct its operations. As a recipient and provider of personal, private or other sensitive electronic information, the City is potentially subject to multiple cyber threats, including without limitation hacking, viruses, ransomware, malware and other attacks. To date, the City has not experienced a material threat to its computer operating system. However, no assurance can be given that the City’s efforts to manage cyber threats and attacks will be successful in all cases, or that any such attack will not materially impact the operations or finances of the City or the District, or the administration of the Bonds. The City is also reliant on other entities and service providers in connection with the administration of Bonds, including without limitation the County tax collector for the levy and collection of Special Taxes, the Fiscal Agent, and the dissemination agent. No assurance can be given that the City and these other entities will not be affected by cyber threats and attacks in a manner that may affect the Bond Owners. CONTINUING DISCLOSURE City Continuing Disclosure Pursuant to the City Continuing Disclosure Certificate, the City will agree to provide, or cause to be provided, to the EMMA system of the Municipal Securities Rulemaking Board, which can be found on the Internet at www.emma.msrb.org, on an annual basis certain financial information and operating data concerning the District and to provide notices of the occurrence of certain listed events as required by the Rule. This covenant is being made by the City in order to assist the Underwriter in complying with the Rule. The City and its related entities have previously entered into continuing disclosure undertakings under the Rule in connection with the issuance of municipal obligations. [In the last five years, with respect to the $55,800,000 San Bernardino Joint Powers Financing Authority Tax Allocation Revenue Refunding Bonds, Series 2005A, the City did not timely file audited financial statements for Fiscal Years 2017-18, 2018-19, 2019-20 and 2020-21 and the annual report for Fiscal Year 2020-21. The City has remedied and filed the necessary information and is current in its continuing disclosure obligations.] Developer Continuing Disclosure Although the Property Owners are not considered to be an obligated person under the Rule, the Property Owners have agreed to enter into a Property Owner Continuing Disclosure Certificate in connection with the issuance of the Bonds, pursuant to which it will provide semi-annual reports containing updated information with respect to the development within the District. Pursuant to the Property Owner Continuing Disclosure Certificate, the Property Owners will provide semi-annual reports not later than April 1 and September 30 of each year beginning April 1, 2024, until satisfaction of certain conditions set forth in the Property Owner Continuing Disclosure Certificate. The semi-annual reports to be provided by the Property Owners will contain updates regarding the development within the District as outlined in Section 4 of the Property Owner Continuing Disclosure Certificate attached as APPENDIX E. In addition to its semi-annual reports, the Property Owners will agree to provide notices of certain events set forth in the Property Owner Continuing Disclosure Certificate.       Packet Pg. 1886 46 The Property Owner’s obligations under the Property Owner Continuing Disclosure Certificate will terminate upon the earliest to occur of: (a) the legal defeasance, prior redemption or payment in full of all of the Bonds, or (b) the date on which the Property Owners and its Affiliates (as defined in the Property Owner Continuing Disclosure Certificate), collectively own all or a portion of the Property that represents less than 20% of the aggregate special tax obligation. None of the District, the City or the Fiscal Agent is a party to the Property Owner Continuing Disclosure Certificate, and none of the District, the City or the Fiscal Agent has any obligation or responsibility to monitor, nor any right or obligation to enforce, compliance by the Property Owners with its undertaking pursuant to the Property Owner Continuing Disclosure Certificate, and none of the District, the City or the Fiscal Agent will be so monitoring or enforcing such compliance. Property Owner Continuing Disclosure Compliance. To the actual knowledge of the Property Owners, the Property Owners have not failed to comply in any material respects with its previous undertakings by it to provide periodic continuing disclosure reports or notices of listed events with respect to payment of special taxes and assessments with respect to community facilities districts or assessment districts in California within the past five years. LEGAL MATTERS Tax Exemption In the opinion of Best Best & Krieger LLP, Riverside California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions, interest on the Bonds is excluded from gross income for federal income tax purposes. In the further opinion of Bond Counsel, interest on the Bonds is exempt from State personal income tax. Bond Counsel notes that interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations; however for tax years beginning after December 31, 2022, interest on the Bonds is taken into account in determining the annual adjusted financial statement income of certain corporations for the purpose of computing the alternative minimum tax imposed on certain corporations. Bond Counsel’s opinion as to the exclusion from gross income for federal income tax purposes of interest on the Bonds is based upon certain representations of fact and certifications made by the City, on behalf of the District, the Underwriter and others and is subject to the condition that the City complies with all requirements of the Code and the regulations adopted pursuant to the Code (the “Treasury Regulations”) that must be satisfied subsequent to the issuance of the Bonds to assure that interest on the Bonds will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code and the Treasury Regulations might cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The City will covenant in the Fiscal Agent Agreement and the Tax Certificate to be delivered in connection with the issuance of the Bonds to comply with all such requirements. Should the interest on the Bonds become includable in gross income for federal income tax purposes, the Bonds are not subject to early redemption as a result of such occurrence and will remain outstanding until maturity or until otherwise redeemed in accordance with the Fiscal Agent Agreement. Future legislative proposals, if enacted into law, clarification of the Code or court decisions may cause interest on the Bonds to be subject, directly or indirectly, to federal income taxation or to be subject to or exempted from state income taxation, or otherwise prevent Bond Owners from realizing the full current benefit of the tax status of such interest. For example, legislative proposals are announced from time to time which generally would limit the exclusion from gross income of interest on obligations like the Bonds to some extent for taxpayers who are individuals and whose income is subject to higher marginal income tax rates. Other proposals have been made that could significantly reduce the benefit of, or otherwise affect, the exclusion from gross income of interest on obligations like the Bonds. The introduction or enactment of any such legislative proposals, clarification of the       Packet Pg. 1887 47 Code or court decisions may also affect, perhaps significantly, the market price for, or marketability of, the Bonds. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal or state tax legislation, regulations or litigation, and regarding the impact of future legislation, regulations or litigation, as to which Bond Counsel expresses no opinion. Bond Counsel’s opinion may be affected by action taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds. Bond Counsel has not undertaken to determine, or to inform any person, whether any such action or events are taken or do occur, or whether such actions or events may adversely affect the value or tax treatment of a Bond, and Bond Counsel expresses no opinion with respect thereto. Although Bond Counsel will render an opinion that interest on the Bonds is excluded from gross income for federal income tax purposes provided the City continues to comply with certain requirements of the Code, the accrual or receipt of interest on the Bonds may otherwise affect the tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient’s particular tax status and other items of income or deductions. Bond Counsel expresses no opinion regarding any such consequences. Accordingly, all potential purchasers should consult their tax advisors before purchasing any of the Bonds. A copy of the proposed form of Bond Counsel opinion is attached hereto as APPENDIX F. Legal Opinion The legal opinion of Bond Counsel, approving the validity of the Bonds in substantially the form set forth as APPENDIX F, will be made available to the original purchaser at the time of original delivery. A copy of the legal opinion for the Bonds will be provided with each definitive bond. Certain legal matters will be passed upon for the City and the District by the City Attorney’s Office, and by Best Best & Krieger LLP, Riverside, California, as Disclosure Counsel, and for the Underwriter by Kutak Rock LLP, Irvine, California, as counsel to the Underwriter. Litigation [No litigation is pending or threatened concerning the validity of the Bonds, the pledge of Special Tax Revenues to repay the Bonds, the powers or authority of the City with respect to the Bonds, or seeking to restrain or enjoin development of the land within the District and a certificate of the City to that effect will be furnished to the Underwriter at the time of the original delivery of the Bonds.] No Rating The District has not made and does not contemplate making application to any rating agency for the assignment of a rating of the Bonds. Underwriting The Bonds are being purchased by Hilltop Securities Inc. (the “Underwriter”). The Underwriter has agreed to purchase the Bonds at a price of $_________ (being $______ aggregate principal amount thereof, less Underwriter’s discount of $_______ and minus the original issue discount of $______). The purchase agreement relating to the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased. The obligation to make such purchase is subject to certain terms and conditions set forth in such purchase agreement, the approval of certain legal matters by counsel and certain other conditions. Under certain circumstances, the Underwriter may offer and sell the Bonds to certain dealers and others at prices lower or yields greater than the offering prices or yields stated on the inside cover page of this Official Statement. The offering prices or yields may be changed from time to time by the Underwriter.       Packet Pg. 1888 48 Municipal Advisor The District has retained Columbia Capital Management, LLC, Carlsbad, California, as municipal advisor (the “Municipal Advisor”) for the sale of the Bonds. The Municipal Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or to assume any responsibility for the accuracy, completeness or fairness of the information contained in this Official Statement. The Municipal Advisor, is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal or other public securities. Financial Interests The fees being paid to the Municipal Advisor, the Underwriter and Underwriter’s Counsel are contingent upon the issuance and delivery of the Bonds. From time to time, Bond Counsel and Disclosure Counsel represent the Underwriter on matters unrelated to the Bonds. Pending Legislation The District is not aware of any significant pending legislation which would have material adverse consequences on the Bonds or the ability of the District to pay the principal of and interest on the Bonds when due. Additional Information The purpose of this Official Statement is to supply information to prospective buyers of the Bonds. Quotations and summaries and explanations of the Bonds and documents contained in this Official Statement do not purport to be complete, and reference is made to such documents for full and complete statements and their provisions.       Packet Pg. 1889 49 The execution of this Official Statement by the Interim City Manager of the City and the delivery thereof have been duly authorized by the City Council acting in its capacity as the legislative body of the District. THE CITY OF SAN BERNARDINO By: Interim City Manager of the City of San Bernardino       Packet Pg. 1890 A-1 APPENDIX A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX       Packet Pg. 1891 B-1 APPENDIX B APPRAISAL REPORT       Packet Pg. 1892 C-1 APPENDIX C SUPPLEMENTAL INFORMATION CONCERNING CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO The Bonds will not be secured by any pledge of ad valorem taxes or City General Fund revenues but will be payable solely from Special Taxes to levied on and collected from the owners of certain taxable land within the District. The information set forth below is included in the Official Statement for background purposes only. General Description and Background Incorporated in 1854, the City of San Bernardino (the “City”) is a charter city that functions under a Council-Manager form of government. The governance structure is comprised of an at-large elected Mayor and seven Council Members elected by constituents in the specific ward. Each elected official serves a four-year term. San Bernardino County (the “County”), which encompasses 20,105 square miles, is the largest county in the contiguous United States. On April 26, 1853, the County was created from parts of Los Angeles, San Diego and Mariposa Counties. Located in the southeastern portion of California, the County is bordered on the south by Riverside County, on the east by the State of Arizona and Nevada, on the north by Inyo and Tulare Counties, and on the west by Los Angeles and Kern Counties. There are 24 incorporated cities in the County. The County’s varying topology includes desert, valley and mountain areas as well as gently rolling terrain. Three distinct geographical areas characterize the County: the valley region, the mountain region and the desert region. The valley region contains the majority of the County’s incorporated areas and is the most populous region. The mountain region is primarily comprised of public lands owned and managed by federal and state agencies. The desert region is the largest region and includes parts of the Mojave Desert. Population The following sets forth the City, the County and the State population estimates as of January 1, for the years 2018 to 2022: CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY AND STATE OF CALIFORNIA Estimated Population Year (January 1) City of San Bernardino San Bernardino County State of California 2018 217,550 2,150,017 39,519,535 2019 217,701 2,165,876 39,605,361 2020 217,935 2,175,424 39,648,938 2021 222,024 2,182,343 39,303,157 2022 220,840 2,187,665 39,185,605 Source: State of California Department of Finance, Demographic Research Unit. March 2020 and 2010 Benchmark. Commerce A summary of historic taxable sales within the City for the years 2017 to 2021 is shown in the following table. Total taxable sales during calendar year 2021 in the City were reported to be $4,586,492,917, a 37.8% increase over the total taxable sales of $3,329,458,829 reported during calendar year 2020.       Packet Pg. 1893 C-2 CITY OF SAN BERNARDINO Taxable Retail Sales Number of Permits and Valuation of Taxable Transactions Total Retail and Food Services Total All Outlets Number of Permits Taxable Transactions Number of Permits Taxable Transactions 2017 5,598 $2,573,088,941 7,313 $3,101,214,754 2018 5,635 2,677,251,960 7,625 3,261,802,303 2019 5,789 2,731,818,391 8,005 3,335,912,787 2020 6,288 2,774,471,134 8,823 3,329,458,829 2021 5,442 3,868,978,999 7,875 4,586,492,917 Source: California State Board of Equalization, Taxable Sales in California – Cities by Type of Business. A summary of historic taxable sales within the County during for the years 2017 to 2021 is shown in the following table. Total taxable sales during calendar year 2021 in the County were reported to be $55,254,235,219, a 27.7% increase over the total taxable sales of $43,265,512,311 reported during calendar year 2020. COUNTY OF SAN BERNARDINO Taxable Retail Sales Number of Permits and Valuation of Taxable Transactions Total Retail and Food Service Total All Outlets Number of Permits Taxable Transactions Number of Permits Taxable Transactions 2017 39,067 $25,603,171,101 58,956 $38,399,372,700 2018 39,837 26,905,783,745 61,838 40,554,023,790 2019 40,964 27,585,905,470 64,771 41,768,747,848 2020 44,330 28,745,277,036 71,145 43,265,512,311 2021 40,801 38,261,479,465 66,585 55,254,235,219 Source: California State Board of Equalization, Taxable Sales in California – Counties by Types of Business.       Packet Pg. 1894 C-3 Employment and Industry The City is included in the Riverside-San Bernardino-Ontario labor market area. The unemployment rate in the Riverside-San Bernardino-Ontario MSA was 4.5% in February 2023, up from a revised 4.4% in January 2023, and below the year-ago estimate of 4.7%. This compares with an unadjusted unemployment rate of 4.8% for California and 3.9% for the nation during the same period. The unemployment rate was 4.5% in Riverside County and 4.5% in San Bernardino County. The following table shows the average annual estimated numbers of wage and salary workers by industry. The table does not include proprietors, the self-employed, unpaid volunteers or family workers, domestic workers in households, and persons in labor management disputes. RIVERSIDE-SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA (SAN BERNARDINO COUNTY) Industry Employment & Labor Force (Annual Averages) 2017 2018 2019 2020 2021 Civilian Labor Force 942,000 955,000 966,800 971,400 988,600 Civilian Employment 895,300 915,500 929,000 877,000 915,100 Civilian Unemployment 46,800 39,500 37,700 94,400 73,500 Civilian Unemployment Rate 5.0%4.1%3.9%9.7%7.4% Total Farm 2,200 2,200 2,500 2,300 2,300 Total Nonfarm 748,800 770,500 798,500 773,100 809,200 Goods Producing 92,100 95,100 95,200 91,200 90,900 Mining and Logging 600 800 700 900 1,000 Construction 35,200 37,800 39,000 38,100 38,600 Manufacturing 56,300 56,600 55,400 52,200 51,300 Durable Goods 35,000 34,900 34,600 31,900 30,300 Nondurable Goods 21,400 21,700 20,800 20,300 21,000 Service Providing 656,700 675,400 703,300 681,900 718,300 Trade, Transportation and Utilities 206,600 216,000 224,800 233,700 255,300 Wholesale Trade 38,700 40,500 41,500 41,100 41,400 Retail Trade 88,200 88,300 87,000 81,800 86,300 Transportation, Warehousing and Utilities 79,600 87,100 96,300 110,800 127,600 Information 5,200 5,300 5,000 4,100 4,300 Financial Activities 22,400 21,700 23,400 23,100 23,800 Professional and Business Services 80,300 80,900 85,000 83,900 91,500 Educational and Health Services 119,700 124,500 135,000 129,100 129,300 Leisure and Hospitality 75,200 76,900 78,100 63,700 70,800 Other Services 22,800 23,000 22,900 20,300 21,500 Government 124,600 127,100 129,100 124,000 122,000 Total, All Industries 750,900 772,700 801,000 775,400 811,500 Note: Does not include proprietors, self-employed, unpaid volunteers or family workers, domestic workers in households and persons involved in labor-management trade disputes. Employment reported by place of work. Items may not add to total due to independent rounding. The “Total, All Industries” data is not directly comparable to the employment data found in this Appendix C. Numbers reflected in the table may not add up due to rounding. Source: State of California, Employment Development Department, March 2021 Benchmark.       Packet Pg. 1895 C-4 Principal Employers The table below shows the 10 principal employers in the City as of June 30, 2021. CITY OF SAN BERNARDINO LARGEST EMPLOYERS (As of June 30, 2021) Rank Employer Number of Employees 1 Stater Brothers 23,100 2 San Bernardino City Unified School District 7,700 3 County of San Bernardino 6,094 4 The Roman Catholic Bishop of San Bernardino 2,400 5 California State University, San Bernardino 2,300 6 San Bernardino Community College District 1,446 7 Community Hospital of San Bernardino 1,400 8 The San Bernardino Hilton 1,152 9 City of San Bernardino 1,140 10 Superior Court of California, County of San Bernardino 1,000 Source: City of San Bernardino, California Annual Comprehensive Financial Report for the year ending June 30, 2021. The table below shows the 10 principal employers in the County as of June 30, 2021. COUNTY OF SAN BERNARDINO PRINCIPAL EMPLOYERS (As of June 30, 2021) Rank Name of Business Employees Percentage of Total Employment 1.San Bernardino County >10,000 1.11% 2.Loma Linda University Medical Center >10,000 1.11 3.Amazon 5,000-9,999 0.55-1.11 4.Ontario International Airport 5,000-9,999 0.55-1.11 5.Plaxicon Holding Corporation 5,000-9,999 0.55-1.11 6.California State University San Bernardino 5,000-9,999 0.55-1.11 7.James Jones Company 2,500-4,999 0.28-0.55 8.Barret Business Services Inc.2,500-4,999 0.28-0.55 9.Damao Luggage International Inc.2,500-4,999 0.28-0.55 10.San Manuel Indian Bingo and Casino 2,500-4,999 0.28-0.55 Source: San Bernardino County State of California Annual Comprehensive Financial Report for the year ending June 30, 2021.       Packet Pg. 1896 D-1 APPENDIX D SUMMARY OF FISCAL AGENT AGREEMENT       Packet Pg. 1897 E-1 APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATES OF THE CITY AND THE PROPERTY OWNER CONTINUING DISCLOSURE CERTIFICATE OF THE CITY This Continuing Disclosure Certificate, dated as of ________ 1, 2023 (the “Disclosure Certificate”), is executed and delivered by the City of San Bernardino (the “City”) in connection with the issuance and delivery by the City of its $2,855,000* Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”). The Bonds are being issued pursuant to a Fiscal Agent Agreement, dated as of ______ 1, 2023 (the “Fiscal Agent Agreement”), by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). The City covenants as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the City for the benefit of the Owners and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with the Rule. SECTION 2. Definitions. In addition to the definitions set forth in the Fiscal Agent Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: “Annual Report” shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Annual Report Date” means the 1st of April after the end of the City’s fiscal year, commencing April 1, 2024. “Beneficial Owner” shall mean any person which: (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries); or (b) is treated as the owner of any Bonds for federal income purposes. “Disclosure Representative” shall mean the City Manager or the Agency Director of Administrative Services of the City, or their designee, or such other officer or employee as the City shall designate in writing from time to time. “Dissemination Agent” shall mean, initially, the City, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the City and which has filed with the then current Dissemination Agent a written acceptance of such designation. “Fiscal Year” shall mean the period from July 1 to June 30, or any other period selected by the City as its fiscal year. “Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. “MSRB” shall mean the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. * Preliminary, subject to change.       Packet Pg. 1898 E-2 “Official Statement” shall mean the final official statement executed by the City in connection with the issuance of the Bonds. “Participating Underwriter” shall mean the original underwriter of the Bonds that is required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. “State” shall mean the State of California. SECTION 3. Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than the Annual Report Date, commencing April 1, 2024, with the report for the 2022-23 Fiscal Year, provide to the MSRB, in an electronic format as prescribed by the MSRB, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate; provided, however, that the audited financial statements for Fiscal Year 2022-23 will be filed when available. The first Annual Report shall consist solely of the Official Statement. Not later than 15 Business Days prior to the Annual Report Date, the City shall provide the Annual Report to the Dissemination Agent (if other than the City). If by 15 Business Days prior to the Annual Report Date the Dissemination Agent (if other than the City) has not received a copy of the Annual Report, the Dissemination Agent shall contact the City to determine if the City is in compliance with the previous sentence. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report, and later than the Annual Report Date, if not available by that date. If the City’s Fiscal Year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(b). The City shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the City hereunder. (b) If the City does not provide (or cause the Dissemination Agent to provide) an Annual Report by the Annual Report Date, the City shall provide (or cause the Dissemination Agent to provide) in a timely manner to the MSRB, in an electronic format as prescribed by the MSRB, a notice in substantially the form attached as Exhibit A to this Disclosure Certificate. (c) With respect to each Annual Report, the Dissemination Agent shall. (i) determine prior to each Annual Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and (ii) if the Dissemination Agent is other than the City, file a report with the City certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided. SECTION 4. Content of Annual Report. The City’s Annual Report shall contain or include by reference the following: (a) The City’s audited financial statements prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the City’s audited financial statements are not available by the Annual Report Date, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available.       Packet Pg. 1899 E-3 (b) The following information, unless otherwise specified, as of September 30 of the preceding year: (i) Principal amount of all outstanding bonds. (ii) Balance in the Improvement Fund, until such time as the fund is closed. (iii) Balance in the Reserve Fund, statement of the Reserve Requirement as of the immediately preceding April 1 and statement of projected draws on the Reserve Fund. (iv) Update of Table 1. (v) Update of Table 5, using assessed values instead of appraised values (overlapping general obligation debt information needed not be included in the update). (vi) Update of Table 6, using assessed values instead of appraised values (overlapping general obligation debt information needed not be included in the update). (vii) A table showing the total dollar amount of delinquencies and number of delinquent parcels, if any, in the District. (viii) Notwithstanding the September 30 reporting date, the following information shall be reported as of February 1 immediately preceding the date of the Annual Report rather than as of September 30: (x) the identity of each delinquent taxpayer responsible for five percent (5%) or more of total Special Tax levied; (y) the assessor parcel number, assessed value of applicable properties, amount of Special Tax levied, amount delinquent by parcel number and status of foreclosure proceedings; and (z) if any foreclosure has been completed, a summary of results of foreclosure sales or transfers. (c) In addition to any of the information expressly required to be provided under this Disclosure Certificate, the City shall provide such further material information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. (d) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City or related public entities, which are available to the public on the MSRB’s Internet web site or filed with the Securities and Exchange Commission. The City shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. (a) The City shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to the Bonds: (i) Principal and interest payment delinquencies. (ii) Non-payment related defaults, if material. (iii) Unscheduled draws on debt service reserves reflecting financial difficulties. (iv) Unscheduled draws on credit enhancements reflecting financial difficulties. (v) Substitution of credit or liquidity providers, or their failure to perform. (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or       Packet Pg. 1900 E-4 determinations with respect to the tax status of the security, or other material events affecting the tax status of the security. (vii) Modifications to rights of security holders, if material. (viii) Bond calls, if material, and tender offers. (ix) Defeasances. (x) Release, substitution, or sale of property securing repayment of the securities, if material. (xi) Rating changes. (xii) Bankruptcy, insolvency, receivership or similar event of the City or other obligated person. (xiii) The consummation of a merger, consolidation, or acquisition involving the City or an obligated person, or the sale of all or substantially all of the assets of the City or an obligated person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material. (xiv) Appointment of a successor or additional fiscal agent or the change of name of the fiscal agent, if material. (xv) Incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material (for the definition of “financial obligation,” see clause (e)). (xvi) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, any of which reflect financial difficulties (for the definition of “financial obligation,” see clause (e)). (b) Whenever the City obtains knowledge of the occurrence of a Listed Event, the City shall, or shall cause the Dissemination Agent (if not the City) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of a Listed Event described in subsection (a)(viii) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds under the Fiscal Agent Agreement. (c) The City acknowledges that the events described in subparagraphs (a)(ii), (a)(vii), (a)(viii) (if the event is a bond call), (a)(x), (a)(xiii), (a)(xiv) and (a)(xv) of this Section 5 contain the qualifier “if material” and that subparagraph (a)(xi) also contains the qualifier “material” with respect to certain notices, determinations or other events affecting the tax status of the Bonds. The City shall cause a notice to be filed as set forth in paragraph (b) above with respect to any such event only to the extent that it determines the event’s occurrence is material for purposes of U.S. federal securities law. Whenever the City obtains knowledge of the occurrence of any of these Listed Events, the City will as soon as possible determine if such event would be material under applicable federal securities law. If such event is determined to be material, the City will cause a notice to be filed as set forth in paragraph (b) above. The Dissemination Agent shall not be responsible for determining whether an event is material. (d) For purposes of this Disclosure Certificate, any event described in paragraph (a)(xii) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets       Packet Pg. 1901 E-5 or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. (e) For purposes of Section 5(a)(xv) and (xvi), “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term financial obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. SECTION 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB pursuant to this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. SECTION 7. Termination of Reporting Obligation. The City’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the City shall give notice of such termination in the same manner as for a Listed Event under Section 5(b). SECTION 8. Dissemination Agent. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any Dissemination Agent, with or without appointing a successor Dissemination Agent. Any Dissemination Agent may resign by providing 30 days’ written notice to the City. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the City may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Fiscal Agent Agreement for amendments to the Fiscal Agent Agreement with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first Annual Report filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to this Disclosure Certificate modifying the accounting principles to be followed in preparing financial statements, the Annual Report for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles       Packet Pg. 1902 E-6 on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the City to meet its obligations. To the extent reasonably feasible, the comparison shall be quantitative. A notice of any amendment made pursuant to this Section 9 shall be filed in the same manner as for a Listed Event under Section 5(b). SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the City shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. If the City fails to comply with any provision of this Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Certificate in the event of any failure of the City to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the City agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have no duty or obligation to review any information provided to it by the City hereunder and shall not be deemed to be acting in any fiduciary capacity for the City, the Bond holders, or any other party. The obligations of the City under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. (b) The Dissemination Agent shall be paid compensation by the City for its services provided hereunder in accordance with its schedule of fees as amended from time to time, and shall be reimbursed for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. SECTION 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Underwriter and the holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity.       Packet Pg. 1903 E-7 SECTION 14. Counterparts. This Disclosure Certificate may be executed in several counterparts, each of which shall be regarded as an original, and all of which shall constitute one and the same instrument. CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA By: Agency Director of Administrative Services       Packet Pg. 1904 E-8 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of San Bernardino Name of Bond Issue: $_______ Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds Date of Issuance: _______, 2023 NOTICE IS HEREBY GIVEN that the City of San Bernardino (the “City”) on behalf of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino has not provided an Annual Report with respect to the above-named Bonds as required by the Fiscal Agent Agreement dated as of ___________ 1, 2023, by and between the City and U.S. Bank Trust Company, National Association, as Fiscal Agent. The City anticipates that the Annual Report will be filed by __________, ,20__. Dated: CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA By: Agency Director of Administrative Services       Packet Pg. 1905 E-9 FORM OF CONTINUING DISCLOSURE CERTIFICATES OF THE CITY AND THE PROPERTY OWNER CONTINUING DISCLOSURE CERTIFICATE OF THE PROPERTY OWNER This Continuing Disclosure Certificate of the Property Owner (this “Disclosure Certificate”), dated as of ________ 1, 2023, is executed and delivered by SB17329, LLC and Verdemont Ranch LLC (collectively referred to as the “Property Owners”), in connection with the issuance by the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “Bonds”). The Bonds are being issued pursuant to a Fiscal Agent Agreement dated _______ 1, 2023 (the “Fiscal Agent Agreement”) by and between the City of San Bernardino (the “City”) and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). The Property Owners covenant and agree as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Property Owners for the benefit of the holders and beneficial owners of the Bonds. SECTION 2. Definitions. In addition to the definitions set forth above and in the Fiscal Agent Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined herein, the following capitalized terms shall have the following meanings. “Affiliate” means any person presently directly (or indirectly through one or more intermediaries) under managerial control of the Property Owners, and about whom information could be material to potential investors in their investment decision regarding the Bonds (including without limitation information relevant to the proposed development of the Property or to the Property Owners’ ability to pay the Special Taxes levied on the Property prior to delinquency). “Assumption Agreement” means an undertaking of a Major Owner, for the benefit of the holders and beneficial owners of the Bonds, containing terms substantially similar to this Disclosure Certificate (as modified for such Major Owner’s development and financing plans with respect to the property in the District acquired by the Major Owner), whereby such Major Owner agrees to provide semi-annual reports and notices of significant events, setting forth the information described in Sections 4 and 5 hereof, respectively, with respect to the portion of the property in the District owned by such Major Owner and, at the option of the Property Owners or such Major Owner, agrees to indemnify the Dissemination Agent (if any) pursuant to a provision substantially in the form of Section 12 hereof. “Dissemination Agent” means the Property Owner, or any successor Dissemination Agent designated in writing by the Property Owner, which is experienced in providing dissemination agent services such as those required under this Disclosure Certificate, and which has filed with the Property Owner, the District and the Participating Underwriter, a written acceptance of such designation and acceptance. “District” means Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California. “Listed Events” means any of the events listed in Section 5(a) of this Disclosure Certificate. “Major Owner” means, as of any date of determination, a Person that, together with the Person’s Affiliates, owns 20% or more of the property subject to the Special Tax. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information. “Official Statement” means the Official Statement dated _____, 2023, executed by the City in connection with the issuance of the Bonds.       Packet Pg. 1906 E-10 “Participating Underwriter” means Hilltop Securities Inc., the original underwriter of the Bonds. “Property” means (i) the property owned by the Property Owners or an Affiliate in the District and subject to the Special Taxes as of the date of determination, and (ii) the property in the District that the Property Owners or an Affiliate sold to a Major Owner who has not assumed the undertakings of this Disclosure Certificate under Section 7(b) that is owned by such Major Owner as of the date of determination. “Report Date” means (a) April 1 of each year, and (b) September 30 of each year. “Semi-Annual Report” means any Semi-Annual Report provided by the Property Owners pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Special Taxes” means the special taxes levied by the District on the Property. SECTION 3. Provision of Semi-Annual Reports. (a) Until such obligations are terminated pursuant to Section 7 herein, the Property Owners shall, or upon written direction of the Property Owners the Dissemination Agent shall, not later than the Report Date, commencing April 1, 2024, provide to the MSRB, in an electronic format as prescribed by the MSRB, a Semi- Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 calendar days prior to the Report Date, the Property Owners shall provide the Semi-Annual Report to the Dissemination Agent (if different from the Property Owners). The Property Owners shall provide a written certification with (or included as a part of) each Semi-Annual Report furnished to the Dissemination Agent (if different from the Property Owners), to the effect that such Semi-Annual Report constitutes the Semi-Annual Report required to be furnished by it under this Disclosure Certificate. The Dissemination Agent may conclusively rely upon such certification of the Property Owners and shall have no duty or obligation to review the Semi- Annual Report. The Semi-Annual Report may be submitted as a single document or as separate documents comprising a package, and may incorporate by reference other information as provided in Section 4 of this Disclosure Certificate. (b) If the Dissemination Agent is not the Property Owners and it does not receive a Semi-Annual Report by 15 calendar days prior to the Report Date, the Dissemination Agent shall send a reminder notice to the Property Owners that the Semi-Annual Report has not been provided as required under Section 3(a) above. The reminder notice shall instruct the Property Owners to determine whether its obligations under this Disclosure Certificate have terminated (pursuant to Section 7 below) and, if so, to provide the Dissemination Agent with a notice of such termination in the same manner as for a Listed Event (pursuant to Section 5 below). If the Property Owners do not provide, or cause the Dissemination Agent to provide, a Semi-Annual Report to the MSRB by the Report Date, as required in subsection (a) above, the Dissemination Agent shall send a notice in a timely manner to the MSRB in substantially the form attached hereto as Exhibit A, with a copy to the District and the Participating Underwriter. (c) The Dissemination Agent shall: (i) determine prior to each Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of continuing disclosure reports; and (ii) to the extent the Semi-Annual Report has been furnished to it, file a report with the Property Owners (if the Dissemination Agent is other than the Property Owner), the District, and the Participating Underwriter certifying that the Semi-Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided to and filed with the MSRB. SECTION 4. Content of Semi-Annual Reports. Each Semi-Annual Report shall contain or incorporate by reference the information set forth in Exhibit B, any or all of which may be included by specific reference to other documents which are available to the public on the MSRB’s internet website or filed with the Securities and       Packet Pg. 1907 E-11 Exchange Commission. The Property Owners shall clearly identify each such other document so included by reference. In addition to any of the information expressly required to be provided in Exhibit B, each Semi-Annual Report shall include such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. SECTION 5. Reporting of Significant Events. (a) Until such obligations are terminated pursuant to Section 7 herein, the Property Owners shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to itself or the Property, if material: (i) bankruptcy or insolvency proceedings commenced by or against the Property Owners and, if known, any bankruptcy or insolvency proceedings commenced by or against any Affiliate of the Property Owners that is reasonably likely to have a significant impact on the Property Owners’ ability to develop the Property as described in the Official Statement or a more recently filed Semi-Annual Report or to pay Special Taxes due with respect to the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (ii) failure of the Property Owners to pay any taxes, special taxes (including the Special Taxes) or assessments due with respect to the Property on or prior to the delinquency date, to the extent such failure is not promptly cured by the Property Owners upon discovery thereof; (iii) filing of a lawsuit against the Property Owners or, if known, an Affiliate of the Property Owner, seeking damages which, if successful, could have a material and adverse impact on the Property Owner’s ability to develop the Property as described in the Official Statement or a more recently filed Semi-Annual Report or to pay Special Taxes due with respect to the Property (to the extent the responsibility of the Property Owners) prior to delinquency; (iv) material damage to or destruction of any of the improvements on the Property; and (v) any payment default or other material default by the Property Owners that continues to exist beyond any applicable notice and cure periods on any loan with respect to the construction of improvements on the Property that would have a material adverse effect on the Builder’ most recently disclosed development plan or financing with respect to the Property, or the ability of the Builder or any Relevant Entity to pay its Special Taxes prior to delinquency. (b) Whenever the Property Owners obtains knowledge of the occurrence of a Listed Event, the Property Owners shall as soon as possible determine if such event would be material under applicable Federal securities law. (c) If the Property Owners determine that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, the Property Owners shall, or shall cause the Dissemination Agent to, within 10 business days after obtaining knowledge of the Listed Event, file a notice of such occurrence of the Listed Event with the MSRB, in an electronic format as prescribed by the MSRB, with a copy to the District and the Participating Underwriter. SECTION 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. SECTION 7. Duration of Reporting Obligation.       Packet Pg. 1908 E-12 (a) All of the Property Owners’ obligations hereunder shall commence on the date hereof and shall terminate (except as provided in Section 12) on the earliest to occur of the following: (i) upon the legal defeasance, prior redemption or payment in full of all the Bonds, or (ii) at such time as (A) the Property Owners are no longer a Major Owner and (B) the Property Owners no longer have any obligations under this Disclosure Certificate with respect to any Major Owner as a result of such obligations having been assumed under one or more Assumption Agreements entered into pursuant to Section 7(b) below; or (iii) the date on which the Property Owners and all Affiliates of the Property Owners, collectively own all or a portion of the Property that represents less than 20% of the aggregate special tax obligation; or (iv) the date on which all of the Special Taxes attributable to the Property are paid in full. The Property Owners shall give notice of the termination of its obligations under this Disclosure Certificate in the same manner as for a Listed Event under Section 5. (b) If a portion of the Property is conveyed to a person or entity that, upon such conveyance, will be a Major Owner, the obligations of the Property Owners hereunder with respect to the property conveyed to such Major Owner shall be assumed by such Major Owner, and if so assumed the Property Owners’ obligations hereunder with respect to the property conveyed will be terminated. In order to effect such assumption, such Major Owner shall enter into an Assumption Agreement in form and substance substantially similar to this Disclosure Certificate. However, a Major Owner shall not be required to enter into an Assumption Agreement if such Major Owner is already a party to a continuing disclosure certificate in form and substance similar to this Disclosure Certificate with respect to the Bonds, and under which the property conveyed to such Major Owner will become subject to future Semi-Annual Reports. If not so assumed, the Property Owners shall use commercially reasonable efforts to report the information, as applicable to the transferee, required herein so long as the transferee is a Major Owner. SECTION 8. Dissemination Agent. The Property Owners may, from time to time, appoint or engage a Dissemination Agent to assist the Property Owners in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be the Property Owners. The Dissemination Agent may resign by providing 30 days’ written notice to the Property Owners. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Property Owners may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied (provided, however, that the Dissemination Agent shall not be obligated under any such amendment that modifies or increases its duties or obligations hereunder without its written consent thereto): (a) if the amendment or waiver relates to the provisions of sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, or change in law; and (b) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Fiscal Agent Agreement with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Property Owners from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Semi-       Packet Pg. 1909 E-13 Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Property Owners choose to include any information in any Semi-Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Property Owners shall have no obligation under this Disclosure Certificate to update such information or include it in any future Semi-Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. In the event of a failure of the Property Owners to comply with any provision of this Disclosure Certificate, the Participating Underwriter, the District, and any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Property Owners to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Certificate in the event of any failure of the Property Owners to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Property Owners agree to indemnify and save the Dissemination Agent, its officers, directors, employees and agents (each, an “Indemnified Party”), harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the reasonable costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding any loss, expense and liabilities due to an Indemnified Party’s negligence or willful misconduct or failure to perform its duties hereunder. If the Dissemination Agent is not the Property Owners, the Dissemination Agent shall be paid compensation for its services provided hereunder from the Administrative Expense Fund established under the Fiscal Agent Agreement in accordance with the Dissemination Agent’s schedule of fees as amended from time to time, which schedule, as amended, shall be reasonably acceptable, and all reasonable expenses, reasonable legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to it hereunder and shall not be deemed to be acting in any fiduciary capacity for the District, the Property Owners, the Participating Underwriter, the Bond owners, or any other party. The obligations of the Property Owners under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 13. Notices. Any notice or communications to be among any of the parties to the Disclosure Certificate may be given by regular, overnight, or electronic mail as follows: To the Issuer: City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Attn: Barbara Whitehorn, Agency Director of Administrative Services Email: Whitehorn_Ba@sbcity.org To the Participating Underwriter: Hilltop Securities Inc. 2533 South Coast Highway 101, Suite 250 Cardiff, CA 92007 Attn: Mike Cavanaugh, Managing Director Email: Mike.cavanaugh@hilltopsecurities.com To the Property Owner: ___________________ ___________________ Attn: ______________ Email: _____________ With a copy to: Fennemore Craig, P.C.       Packet Pg. 1910 E-14 550 E. Hospitality Lane, Suite 350 San Bernardino, CA 92408 Attn: Kevin K. Randolph Email: krandolph@fennemorelaw.com Any person may, by written notice to the other persons listed above, designate a different address or telephone number(s) to which subsequent notices or communications should be sent. SECTION 14. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Property Owners (its successors and assigns), the Dissemination Agent, the Participating Underwriter and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. All obligations of the Property Owners hereunder shall be assumed by any legal successor to the obligations of the Property Owners as a result of a sale, merger, consolidation or other reorganization. (Signature page follows)       Packet Pg. 1911 E-15 IN WITNESS WHEREOF, the Property Owners have executed this Disclosure Certificate as of the date first above written. PROPERTY OWNERS: SB17329, LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager VERDEMONT RANCH LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager -Signature Page- Continuing Disclosure Certificate       Packet Pg. 1912 E-16 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE PERIODIC REPORT Name of Issuer: Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California Name of Bond Issue: $______ Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, 2023 Special Tax Bonds Date of Issuance: ______, 2023 NOTICE IS HEREBY GIVEN that SB17329, LLC, a Delaware limited liability company and VERDEMONT RANCH LLC, a Delaware limited liability company (together referred to as the “Property Owners”) have not provided a Semi-Annual Report with respect to the above-named Bonds as required by the Disclosure Certificate. The Property Owners anticipate that the applicable Semi-Annual Report will be filed by _____________, 20__. Dated: _______________ Dissemination Agent By: __________________________________ Its: __________________________________ cc: Property Owner District Participating Underwriter       Packet Pg. 1913 E-17 EXHIBIT B SEMI-ANNUAL REPORT APRIL 1, ____/ SEPTEMBER 30, ____ COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO OF 2023 SPECIAL TAX BONDS This Semi-Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate of the Property Owners (the “Disclosure Certificate”) dated as of _______ 1, 2023, executed by the undersigned (the “Property Owners”) in connection with the issuance by the City of San Bernardino (the “City”) of the bonds captioned above (the “Bonds”) for Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “District”). Capitalized terms used in this Semi-Annual Report but not otherwise defined have the meanings given to them in the Disclosure Certificate. I. Property Ownership and Development The information in this section is provided as of __________, 20__ (this date must be not more than 60 days before the Report Date of this Semi-Annual Report). A. Description of the Property currently owned by the Property Owners in the District (the “Property”) in substance and form similar to such information in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate. B. Updated information regarding land development construction of backbone infrastructure and home construction activities with respect to the Property described in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate. C. Status of any building permits and material changes to the description of land use or development entitlements for the Property in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate. D. Status of any land purchase contracts with regard to the Property, whether acquisition of land in the District by the Property Owners or sales of land to other property owners (other than individual homeowners). II. Legal and Financial Status of Property Owner Unless such information has previously been included or incorporated by reference in a Semi-Annual Report, describe any material change in the legal structure of the Property Owners or the financial condition and financing plan of the Property Owners that would materially and adversely interfere with its ability to complete       Packet Pg. 1914 E-18 its development plan described in the Official Statement. To the extent that the ownership of the Property Owners have changed, describe all material terms of the new ownership structure. III. Change in Development or Financing Plans Unless such information has previously been included or incorporated by reference in a Semi-Annual Report, describe any development plans or financing plans relating to the Property that are materially different from the proposed development and financing plan described in the Official Statement. IV. Status of Tax Payments Describe status of payment of taxes, special taxes (including the Special Taxes) or assessments due with respect to the Property owned by the Property Owners and its Affiliates. V. Other Material Information In addition to any of the information expressly required above, provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. Certification On behalf of the Property Owners, the undersigned officer or representative, based on actual knowledge after reasonable inquiry of employees of Property Owners and its Affiliates, hereby certifies that this Semi-Annual Report constitutes the Semi-Annual Report required to be furnished by the Property Owners under the Disclosure Certificate. ANY OTHER STATEMENTS REGARDING THE PROPERTY OWNERS, THE DEVELOPMENT OF THE PROPERTY, THE PROPERTY OWNER’S FINANCING PLAN OR FINANCIAL CONDITION, OTHER THAN STATEMENTS MADE BY THE PROPERTY OWNERS IN AN OFFICIAL RELEASE, OR FILED WITH THE MUNICIPAL SECURITIES RULEMAKING BOARD, ARE NOT AUTHORIZED BY THE PROPERTY OWNERS. THE PROPERTY OWNERS ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR FAIRNESS OF ANY SUCH UNAUTHORIZED STATEMENTS. THE PROPERTY OWNERS HAVE NO OBLIGATION TO UPDATE THIS SEMI-ANNUAL REPORT OTHER THAN AS EXPRESSLY PROVIDED IN THE DISCLOSURE CERTIFICATE.       Packet Pg. 1915 E-19 Dated: PROPERTY OWNER: SB17329, LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager VERDEMONT RANCH LLC, a Delaware limited liability company By: JEC Enterprises, Inc., A California corporation Its: Manager By ___________________________________ Name: Felizardo Robles, Jr., President of JEC Enterprises, Inc., Manager       Packet Pg. 1916 F-1 APPENDIX F PROPOSED FORM OF BOND COUNSEL OPINION ______, 2023 City Council City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Re: $______ Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance by the City of San Bernardino (the “City”) for and on behalf of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), of $_____ aggregate principal amount of the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”). The Bonds are issued pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), a resolution adopted by the City Council of the City on _______, 2023 (the “Resolution”), and a Fiscal Agent Agreement, dated as of _______ 1, 2023(the “Agreement”), by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). We have examined the Act, the Resolution, the Agreement and certified copies of the proceedings taken for the issuance and sale of the Bonds. As to questions of fact which are material to our opinions, we have relied upon the representations of the City contained in the Agreement, and in certificates of its authorized officers which have been delivered to us for the purpose of supplying such facts, without having undertaken to verify the accuracy of any such representations by independent investigation. Based upon such examination, we are of the opinion, as of the date hereof, that the proceedings referred to above have been taken in accordance with the laws and the Constitution of the State of California, and that the Bonds, having been issued in duly authorized form and executed by the proper officials and delivered to and paid for by the purchaser thereof, and the Agreement, having been duly authorized and executed by the proper officials, constitute the legally valid and binding obligations of the City and District enforceable in accordance with their terms subject to the qualifications specified below. Except where funds are otherwise available, as may be permitted by law, the Bonds are payable, as to both principal and interest, solely from certain special taxes to be levied and collected within the District and other funds available therefor held under the Agreement. The Internal Revenue Code of 1986, as amended (the “Code”) sets forth certain investment, rebate and related requirements which must be met subsequent to the issuance and delivery of the Bonds for the interest on the Bonds to be and remain exempt from federal income taxation. Noncompliance with such requirements could cause the interest on the Bonds to be subject to federal income taxation retroactive to the date of issuance of the Bonds. Pursuant to the Agreement, the City has covenanted to comply with the requirements of the Code and applicable regulations promulgated thereunder.       Packet Pg. 1917 F-2 We are of the opinion that, under existing statutes, regulations, rulings and court decisions, and assuming compliance by the City with the aforementioned covenants, the interest on the Bonds is excluded from gross income for purposes of federal income taxation and is exempt from personal income taxation imposed by the State of California. We are further of the opinion that interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations; however, for tax years beginning after December 31, 2022, interest on the Bonds is taken into account in determining the annual adjusted financial statement income of certain corporations for the purpose of computing the alternative minimum tax imposed on certain corporations. Although interest on the Bonds is excluded from gross income for purposes of federal income taxation, the accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these tax consequences will depend on the recipient’s particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. The opinions expressed herein may be affected by actions which may be taken (or not taken) or events which may occur (or not occur) after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions or events are taken or occur or are not taken or do not occur. The rights of the owners of the Bonds and the enforceability of the Bonds and the Agreement may be subject to bankruptcy, insolvency, moratorium and other similar laws affecting creditors’ rights heretofore or hereafter enacted, and their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity. Respectfully submitted,       Packet Pg. 1918 G-1 APPENDIX G INFORMATION CONCERNING DTC The information in this section concerning DTC and DTC’s book-entry only system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the completeness or accuracy thereof. The following description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal, premium, if any, accreted value and interest on the Bonds to DTC Participants or Beneficial Owners, confirmation and transfers of beneficial ownership interests in the Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owners is based solely on information provided by DTC to the City which the City believes to be reliable, but the City and the Underwriter do not and cannot make any independent representations concerning these matters and do not take responsibility for the accuracy or completeness thereof. Neither the DTC, Direct Participants, Indirect Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be. The Depository Trust Company (“DTC”), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully- registered Bond will be issued for each annual maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited through the facilities of DTC. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of “AA+.” The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive Bonds representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.       Packet Pg. 1919 G-2 To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as prepayments, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being prepaid, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or the Fiscal Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Fiscal Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. A Bond Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to the Fiscal Agent, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant’s interest in the Bonds, on DTC’s records, to the Fiscal Agent. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC’s records and followed by a book- entry credit of tendered Bonds to the Fiscal Agent’s DTC account. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor depository is not obtained, physical certificates are required to be printed and delivered.       Packet Pg. 1920 G-3 The City may decide to discontinue use of the system of book-entry only transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered to DTC. THE FISCAL AGENT, AS LONG AS A BOOK-ENTRY ONLY SYSTEM IS USED FOR THE BONDS, WILL SEND ANY NOTICE OF REDEMPTION OR OTHER NOTICES TO OWNERS ONLY TO DTC. ANY FAILURE OF DTC TO ADVISE ANY DTC PARTICIPANT, OR OF ANY DTC PARTICIPANT TO NOTIFY ANY BENEFICIAL OWNER, OF ANY NOTICE AND ITS CONTENT OR EFFECT WILL NOT AFFECT THE VALIDITY OF SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE REDEMPTION OF THE BONDS CALLED FOR REDEMPTION OR OF ANY OTHER ACTION PREMISED ON SUCH NOTICE.       Packet Pg. 1921 1 $_____ COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS BOND PURCHASE AGREEMENT _______, 2023 City of San Bernardino Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Ladies and Gentlemen: The undersigned, Hilltop Securities Inc., as underwriter (the “Underwriter”), acting not as a fiduciary or agent for you, but on behalf of itself, offers to enter into this Bond Purchase Agreement (this “Purchase Agreement”) with the City of San Bernardino (the “City”) for its Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “Community Facilities District”), which upon acceptance will be binding upon the Underwriter and the City. The agreement of the Underwriter to purchase the Bonds (as hereinafter defined) is contingent upon the City satisfying all of the obligations imposed upon it under this Purchase Agreement. This offer is made subject to the City’s acceptance by the execution of this Purchase Agreement and its delivery to the Underwriter at or before 11:59 p.m., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. All capitalized terms used herein, which are not otherwise defined herein, shall have the respective meanings provided for such terms in a Fiscal Agent Agreement, dated as of ________ 1, 2023 (the “Fiscal Agent Agreement”) between the City, for and on behalf of the Community Facilities District, and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). 1. Purchase, Sale and Delivery of the Bonds. Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the City and the City hereby agrees to sell to the Underwriter all (but not less than all) of the $______ aggregate principal amount of the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”), dated the Closing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts set forth in Exhibit A hereto. The Bonds shall be subject to redemption as set forth in the Fiscal Agent Agreement. The purchase price for the Bonds shall be $______ (being 100% of the aggregate principal amount thereof less a net original issue discount of $______ and less an Underwriter’s discount of $______). The Underwriter agrees to make a bona fide initial public offering of all of the Bonds in compliance with federal and state securities laws, at a price not in excess of the initial offering prices       Packet Pg. 1922 2 (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the offering of the Bonds, without any requirement of prior notice, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Special Tax Revenues and certain other amounts as provided in the Fiscal Agent Agreement and the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Community Facilities District Act”). The issuance of the Bonds has been duly authorized by the City pursuant to Resolution No. 2023-____ (the “Resolution”), adopted by its City Council of the City (the “City Council”), on _________, 2023. The proceeds of the Bonds shall be used to: (i) finance the construction and acquisition of public facilities to be owned and operated by the City, needed with respect to the development within the Community Facilities District, (ii) fund a reserve fund securing the Bonds, and (iii) pay costs of issuance of the Bonds. A. The City hereby acknowledges that the Underwriter is entering into this Purchase Agreement in reliance on the representations, warranties and agreements made by the City and the City shall take all action necessary to enforce its rights hereunder for the benefit of the Underwriter and shall immediately notify the Underwriter if it becomes aware that any representation, warranty or agreement made by the City herein is incorrect in any material respect. The City acknowledges and agrees that: (i) the primary role of the Underwriter, as an underwriter, is to purchase securities for resale to investors in an arm’s-length commercial transaction between the City and the Underwriter and that the Underwriter has financial and other interests that differ from those of the City and the Community Facilities District; (ii) the Underwriter is not acting as a municipal advisor, financial advisor or fiduciary to the City, or any other person or entity and has not assumed any advisory or fiduciary responsibility to the City with respect to the transaction contemplated hereby and the discussions, undertakings and proceedings leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City on other matters); (iii) the only obligations the Underwriter has to the City with respect to the transaction contemplated hereby expressly are set forth in this Purchase Agreement, except as otherwise provided by applicable rules and regulations of the Securities and Exchange Commission or the rules of the Municipal Securities Rulemaking Board (the “MSRB”); and (iv) the City has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate in connection with the transaction contemplated herein. The City acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the MSRB. B. Pursuant to the authorization of the City, the Underwriter has distributed copies of the Preliminary Official Statement dated _______, 2023 relating to the Bonds, which, together with the cover page, inside cover page and appendices thereto and as supplemented is collectively herein called the “Preliminary Official Statement.” By its acceptance of this Purchase Agreement, the City hereby consents to and ratifies the use and distribution by the Underwriter of the Preliminary Official Statement, and the City agrees to execute a final official statement relating to the Bonds (the “Official Statement”) which will consist of the Preliminary Official Statement with such changes as       Packet Pg. 1923 3 may be made thereto, with the approval of Best Best & Krieger LLP, Bond Counsel and Disclosure Counsel (herein called “Bond Counsel”), and the Underwriter, and to provide copies thereof to the Underwriter as set forth in Section 2(T) hereof. The City hereby authorizes and requires the Underwriter to use and promptly distribute, in connection with the offer and sale of the Bonds, the Preliminary Official Statement, the Official Statement and any supplement or amendment thereto. The City further authorizes the Underwriter to use and distribute, in connection with the offer and sale of the Bonds, the Fiscal Agent Agreement, this Purchase Agreement and all information contained herein, and all other documents, certificates and statements furnished by or on behalf of the City to the Underwriter in connection with the transactions contemplated by this Purchase Agreement. The Preliminary Official Statement and/or the Official Statement may be delivered and printed in a “designated electronic format” as defined in the MSRB’s Rule G-32 and as may be agreed to by the City and the Underwriter. The City confirms that it does not object to distribution of the Preliminary Official Statement or the Official Statement in electronic form. A copy of the most recent Preliminary Official Statement sent to a potential purchaser shall be sent by first class mail or electronically (or other equally prompt means) not later than the first business day following the day upon which each such request is received. C. To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) (the “Rule”), the City will undertake pursuant to the Continuing Disclosure Certificate, in the form attached to the Official Statement (the “Continuing Disclosure Certificate”), to provide annual reports and notices of certain enumerated events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. D. Except as the Underwriter and the City may otherwise agree, the City will deliver to the Underwriter, at the offices of Bond Counsel in Riverside, California, or at such other location as may be mutually agreed upon by the Underwriter and the City, the documents hereinafter mentioned on the Closing Date (defined below); and the City will deliver to the Underwriter through The Depository Trust Company’s (“DTC”) FAST delivery system, the Bonds, in definitive form (all Bonds bearing CUSIP® numbers printed thereon), duly executed by the City and authenticated by the Fiscal Agent in the manner provided for in the Fiscal Agent Agreement and the Community Facilities District Act at 8:00 a.m. California time, on _______, 2023 (the “Closing Date”), and the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in paragraph (A) of this Section by wire transfer, payable in federal or other immediately available funds (such delivery and payment being herein referred to as the “Closing”). The Bonds shall be in fully registered book-entry form (which may be typewritten) and shall be registered in the name of Cede & Co., as nominee of DTC, which will act as securities depository for the Bonds, and the specimen Bonds will be made available for checking by the Underwriter not less than 2 days prior to the Closing. 2. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to the Underwriter that: A. The City is a public body, corporate and politic, duly organized and validly existing pursuant to the Constitution and laws of the State of California (the “State”), and has duly authorized the formation of the Community Facilities District pursuant to resolutions duly adopted by the City Council (the “Community Facilities District Formation Resolutions” and, together with the Resolution, the “Community Facilities District Resolutions”) and the Act. The City Council, as       Packet Pg. 1924 4 the legislative body of the Community Facilities District, has duly adopted the Community Facilities District Formation Resolutions, has duly adopted the Resolution and an ordinance levying the Special Taxes within the Community Facilities District (the “Ordinance”), and has caused to be recorded in the real property records of San Bernardino County, a notice of special tax lien (the “Notice of Special Tax Lien”) (the Community Facilities District Formation Resolution, the Ordinance, and the Notice of Special Tax Lien being collectively referred to herein as the “Formation Documents”), and the City Council has duly adopted the Resolution. Each of the Formation Documents remains in full force and effect as of the date hereof and has not been amended. The Community Facilities District is duly organized and validly existing as a community facilities district under the laws of the State. The City has, and at the Closing Date will have, as the case may be, full legal right, power and authority: (i) to execute, deliver and perform its obligations under this Purchase Agreement and the Fiscal Agent Agreement and to carry out all transactions on its part contemplated by each of such agreements; (ii) to enter into the Continuing Disclosure Certificate; and (iii) to carry out, give effect to and consummate the transactions contemplated by the Formation Documents, the Fiscal Agent Agreement, this Purchase Agreement and the Official Statement. This Purchase Agreement, the Fiscal Agent Agreement and the Continuing Disclosure Certificate are collectively referred to herein as the “City Documents.” B. By all necessary official action of the City, the City has duly authorized and approved the execution and delivery by the City of, and the performance by the City of, the obligations on its part contained in, the City Documents and has approved the use and distribution by the Underwriter of the Preliminary Official Statement and the execution, use and distribution by the Underwriter of the Official Statement, and, as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered by the parties thereto, the City Documents will constitute the legally valid and binding obligations of the City, on its own behalf and on behalf of the Communities Facilities District, enforceable upon the City and the Community Facilities District in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or affecting creditors’ rights generally. To the City’s knowledge, the City has complied, and will at the Closing Date be in compliance in all respects, with the terms of the City Documents. C. The information in the Preliminary Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) as of its date was and as of the date hereof is, and in the Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) as of its date is, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and, upon delivery and up to and including 25 days after the End of the Underwriting Period (as defined in paragraph (D) below), the Official Statement will be amended and supplemented so as to contain no misstatement of any material fact or material omission of any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading. D. Up to and including 25 days after the End of the Underwriting Period (as defined below), the City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the       Packet Pg. 1925 5 consent of the Underwriter, which consent will not be unreasonably withheld. The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise materially affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. As used herein, the term “End of the Underwriting Period” means the later of such time as: (i) the Bonds are delivered to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless the Underwriter gives written notice to the contrary to the City, the End of the Underwriting Period shall be deemed to be the Closing Date. Any notice delivered pursuant to this provision shall be delivered to the City at or prior to the Closing Date and shall specify a date (other than the Closing Date) to be deemed the “End of the Underwriting Period.” If in the opinion of the Underwriter any such event or proceedings requires the preparation and distribution of a supplement or amendment to the Official Statement, the City shall prepare and furnish to the Underwriter, at the Community Facilities District’s expense, such number of copies of the supplement or amendment to the Official Statement, in (i) a “designated electronic format” consistent with the requirements of the MSRB’s Rule G-32 and (ii) a printed format form in substance mutually agreed upon by the City and the Underwriter as the Underwriter may reasonably request. If such amendment or supplement to the Official Statement shall be made subsequent to the Closing Date, the City also shall furnish, or cause to be furnished, such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy of any such supplement or amendment to the Official Statement. E. As of the time of acceptance hereof and as of the Closing Date, the City and the Community Facilities District, as applicable, have each complied, and will at the Closing Date be in compliance in all material respects, with the Formation Documents and the City Documents, and any immaterial noncompliance by the City or the Community Facilities District, if any, will not impair the ability of the City or the Community Facilities District, as applicable, to carry out, give effect to or consummate the transactions on their part contemplated by the foregoing. From and after the date of issuance of its Bonds, the City will continue to comply with the covenants of the City contained in the City Documents and it shall cause the Community Facilities District to continue to comply with the covenants of the Community Facilities District contained in the City Documents. F. Except as described in the Preliminary Official Statement, neither the City nor the Community Facilities District is, and as of the Closing Date, neither will be, in any respect material to the transactions referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City or the Community Facilities District, as the case may be, is a party or is otherwise subject or bound; and, to the City’s knowledge, no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach, default or event could have a materially adverse effect on the City’s ability to perform its obligations under the City Documents; and as of such times, except as disclosed in the Official Statement, the authorization, execution and delivery of the City Documents and compliance with the provisions of each thereof, or the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative       Packet Pg. 1926 6 decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, in any manner which would materially and adversely affect the performance by the City of its obligations under the City Documents or the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement. The City has received all licenses, permits or other regulatory approvals required, if any, for the pledge, collection and/or application by the Community Facilities District of the Special Taxes (as defined in the Fiscal Agent Agreement) and other moneys pledged to the payment of the principal of and interest on the Bonds under the Fiscal Agent Agreement. G. Except as may be required under the “blue sky” or other securities laws of any jurisdiction, all approvals, consents, authorizations, elections and orders of, or filings or registrations with, any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City of its obligations under the City Documents, and the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement, have been or will be obtained at the Closing Date and are or will be in full force and effect at the Closing Date. H. At the time of acceptance hereof there is and as of the Closing there will be no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body (collectively and individually, an “Action”) pending (notice of which has been served on the City) or to the knowledge of the City threatened, in which any such Action: (i) in any way questions the powers of the City Council or the existence of the Community Facilities District or the titles of the officers of the City to their respective offices; (ii) affects, contests or seeks to prohibit, restrain or enjoin the issuance or delivery of the Bonds or the payment or collection of Special Taxes or any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contests or affects the validity of the City Documents or the consummation of the transactions on the part of the City contemplated thereby; (iii) contests the exclusion of interest on the Bonds from State income taxation or contests the powers of the City that result in any material adverse change relating to the financial condition of the City or the Community Facilities District; (iv) except as disclosed in the Official Statement, wherein an unfavorable decision, ruling or finding would materially adversely affect the financial position or condition of the City or the Community Facilities District or would result in any material adverse change in the ability of the City to pledge or apply the Special Tax Revenues or to pay debt service on the Bonds; or (v) contests the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserts that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and as of the time of acceptance hereof there is and, as of the Closing Date, there will be no known basis for any Action of the nature described in clauses (i) through (v) of this sentence. I. The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter and at the expense of the Underwriter as the Underwriter may reasonably request in order: (i) to qualify the Bonds for offer and sale under the “blue sky” or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; and (ii) to determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Bonds; provided, however, that the City will not be required to execute a special or general consent to service of       Packet Pg. 1927 7 process or qualify as a foreign corporation in connection with any such qualification in any jurisdiction. J. The City Documents conform as to form and tenor to the descriptions thereof contained in the Preliminary Official Statement. The City represents that the Bonds, when issued, executed and delivered in accordance with the Fiscal Agent Agreement and sold to the Underwriter as provided herein, will be validly issued and outstanding obligations of the City, for and on behalf of the Community Facilities District, entitled to the benefits of the Fiscal Agent Agreement. The Fiscal Agent Agreement creates a valid pledge of, first lien upon and security interest in, the Special Tax Revenues, and in the moneys in the Special Tax Fund established pursuant to the Fiscal Agent Agreement, on the terms and conditions set forth in the Fiscal Agent Agreement. The Fiscal Agent Agreement creates a valid pledge of the moneys in certain funds and accounts established pursuant to the Fiscal Agent Agreement, subject in all cases to the provisions of the Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth therein. K. Except as disclosed in the Preliminary Official Statement, there are, to the City’s knowledge, no entities with outstanding assessment liens against any of the properties within the Community Facilities District which are senior to or on a parity with the lien of the Special Taxes. L. The issuance and sale of the Bonds is not subject to any transfer or other documentary stamp taxes of the State or any political subdivision thereof. M. The City shall not knowingly take or omit to take any action that, under existing law, may adversely affect the exclusion from gross income for federal income tax purposes, or the exemption from State of California personal income tax, of the interest on the Bonds. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer whose arbitrage certifications may not be relied upon. N. Any certificate signed by an authorized officer or employee of the City and delivered to the Underwriter in connection with the issuance of the Bonds shall be deemed a representation and covenant of the City to the Underwriter as to the statements made therein. O. The City will apply the proceeds of the Bonds in accordance with the Fiscal Agent Agreement and as described in the Official Statement. P. At or prior to the Closing, the City will have duly authorized, executed and delivered the Continuing Disclosure Certificate in substantially the form under Appendix E to the Official Statement. Based on a review of its prior undertakings with respect to Rule 15c2-12, and except as disclosed in the Preliminary Official Statement and Official Statement, the City has not failed to comply in any material respect with a continuing disclosure undertaking under Rule 15c2-12 during the previous five years. Q. Between the date of this Purchase Agreement and the date of Closing, the City will not offer or issue any bonds, notes or other obligations for borrowed money not previously disclosed to the Underwriter and the City shall not create, assume or guarantee any indebtedness payable from, or pledge or otherwise encumber, the Special Taxes or other assets, properties, funds or interests that will be pledged as security for the Bonds pursuant to the City Documents.       Packet Pg. 1928 8 R. Until such time as moneys have been set aside in an amount sufficient to pay or defease all then outstanding Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the City will faithfully perform and abide by all of the covenants, undertakings and provisions on its part contained in the Fiscal Agent Agreement. S. The Preliminary Official Statement was deemed final by a duly authorized officer of the City prior to its delivery to the Underwriter, except for the omission of such information as is permitted to be omitted in accordance with paragraph (b)(1) of the Rule. The City hereby covenants and agrees that, within seven (7) business days from the date hereof, or upon reasonable written notice from the Underwriter within sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter, the City shall cause a final electronic and/or printed form of the Official Statement as set forth in Section 1 above to be delivered to the Underwriter in sufficient quantity to comply with paragraph (b)(4) of the Rule and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board. T. The City hereby approves the preparation and distribution of the Official Statement, consisting of the Preliminary Official Statement with such changes as are noted thereon and as may be made thereto, with the approval of Bond Counsel and the Underwriter from time to time prior to the Closing Date. U. The City hereby ratifies any prior use of and authorizes the future use by the Underwriter, in connection with the offering and sale of the Bonds, of the Preliminary Official Statement, the Official Statement, this Purchase Agreement and all information contained herein, and all other documents, certificates and written statements furnished by the City to the Underwriter in connection with the transactions contemplated by this Purchase Agreement. V. The execution and delivery of this Purchase Agreement by the City shall constitute a representation by the City to the Underwriter that the representations and warranties contained in this Section 2 with respect to the City and the Community Facilities District are true as of the date hereof. 3. Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the City contained herein, to the accuracy in all material respects of the statements of the officers and other officials of the City and the Community Facilities District made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City and the Community Facilities District of their obligations to be performed hereunder at or prior to the Closing Date and, to the following additional conditions: A. At the Closing Date, the Community Facilities District Resolutions, the Formation Documents, and the City Documents shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the Bonds, and with the transactions contemplated thereby, and by this Purchase Agreement, all such actions as, in the opinion of Bond Counsel, shall be necessary and appropriate. B. At the Closing Date, except as was described in the Preliminary Official Statement, the City shall not be, in any respect material to the Bonds, the City Documents or the transactions       Packet Pg. 1929 9 referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, and the performance by the City of its obligations under the Bonds, the City Documents, the Community Facilities District Resolutions, this Purchase Agreement and any other instruments contemplated by any of such documents, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, the United States of America or of any department, division, agency or instrumentality of either thereof or under any applicable court or administrative decree or order or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, in any manner which would materially and adversely affect the performance by the City of its obligations under the City Documents, the Bonds or the Community Facilities District Resolutions. C. The information contained in the Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) is, as of the Closing Date and as of the date of any supplement or amendment thereto pursuant hereto, true and correct in all material respects and does not, as of the Closing Date or as of the date of any supplement or amendment thereto, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. D. The Underwriter shall have the right to cancel its obligation to purchase the Bonds and to terminate this Purchase Agreement by written notice to the City if, between the date of this Purchase Agreement and the Closing Date, in the Underwriter’s sole and reasonable judgment any of the following events shall occur (each a “Termination Event”): 1. Between the date hereof and the Closing Date, the market price or marketability, at the initial offering prices set forth on the cover page of the Official Statement, of the Bonds, or the ability of the Underwriter to enforce contracts for the sale of the Bonds, shall have been materially adversely affected, in the reasonable judgment of the Underwriter (evidenced by a written notice to the City terminating the obligation of the Underwriter to accept delivery of and pay for the Bonds), by reason of any of the following: a. Legislation introduced in or enacted (or resolution passed) by the Congress of the United States of America or the legislature of the State or recommended to the Congress by the President of the United States of America or a member of the President’s Cabinet, the Department of the Treasury, the Internal Revenue Service or any member of Congress or favorably reported for passage to either House of Congress by any committee of such House to which such legislation had been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department of the United States of America, the Internal Revenue Service or other federal or State authority with appropriate jurisdiction, with the purpose or effect, directly or indirectly, of imposing federal or State income taxation upon such interest as would be received by any owners of the Bonds beyond the extent to which such interest is subject to taxation as of the date hereof;       Packet Pg. 1930 10 b. Legislation introduced in or enacted (or resolution passed) by the Congress, or shall have been favorably reported out of committee or be pending in committee, or shall have been recommended to the Congress for passage by the President of the United States of America or a member of the President’s Cabinet, or an order, decree, injunction or decision issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release, statement or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, the Resolution or the City Documents, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Fiscal Agent Agreement is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, as contemplated hereby or by the Official Statement or otherwise, is or would be in violation of the federal securities laws as amended and then in effect; c. A general suspension of trading in securities on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction; d. There shall have occurred (1) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis; e. Except as disclosed in or contemplated by the Official Statement, any material adverse change in the affairs of the City or the Community Facilities District shall have occurred; 2. The introduction, proposal or enactment of any amendment to the federal or California Constitution or any action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the City or the Community Facilities District, their property, income, securities (or interest thereon), or the validity or enforceability of Special Taxes; 3. Any event occurring or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue or incorrect in any material respect any statement or information contained in the Preliminary Official Statement or in the Official Statement or has the effect that the Preliminary Official Statement or the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; 4. A general banking moratorium shall have been declared by federal, State of New York or State of California officials authorized to do so or a material disruption in securities settlement, payment or clearance services affecting the Bonds shall have occurred;       Packet Pg. 1931 11 5. Any new restriction on transactions in securities materially affecting the market for securities (including the imposition of any limitation in interest rates) or the extension of credit by, or a charge to the net capital requirements of, underwriters shall have been established by the New York Stock Exchange, the Comptroller of the Currency, the Securities and Exchange Commission or any other federal or State agency or the Congress of the United States of America, or by Executive Order; 6. A decision by a court of the United States of America shall be rendered, or a stop order, release, regulation or no-action letter by or on behalf of the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall have been issued or made, to the effect that the issuance, offering or sale of the Bonds as contemplated by this Purchase Agreement or by the Official Statement, or any document relating to the issuance, offering or sale of the Bonds is or would be in violation of any provision of the federal securities laws at the Closing Date, including the Securities Act of 1933, the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939; 7. Any amendment is made to the Official Statement that in the Underwriter’s reasonable judgment will materially adversely affect the marketability of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds; 8. Any proceeding shall have been commenced or be threatened in writing by the Securities and Exchange Commission against the City or the Community Facilities District; 9. The commencement of an Action described in Section 2(H); Upon the occurrence of a Termination Event and the termination of this Purchase Agreement by the Underwriter, all obligations of the City, the Community Facilities District, and the Underwriter under this Agreement shall terminate, without further liability, except that the City and the Underwriter shall pay their respective expenses as set forth in Section 5 below. E. At or prior to the Closing Date, the Underwriter shall have received a counterpart original or certified copy of the following documents, in each case satisfactory in form and substance to the Underwriter: 1. Official Statement. The Official Statement and each supplement or amendment, if any thereto, executed by an authorized officer of the City; 2. Fiscal Agent Agreement. The Fiscal Agent Agreement, duly executed and delivered by the City and the Fiscal Agent; 3. Resolutions. Certifications by the City Clerk with respect to each resolution and ordinance of the City Council, for the City or as the legislative body of the Community Facilities District, relating to the City Documents, the transactions contemplated thereby, formation of the Community Facilities District and issuance of the Bonds; 4. City Continuing Disclosure Certificate. The Continuing Disclosure Certificate executed by the City;       Packet Pg. 1932 12 5. Bond Counsel Opinion. An unqualified approving opinion for the Bonds, dated the Closing Date and addressed to the City, of Bond Counsel in substantially the form included as Appendix E to the Official Statement; together with a letter of Bond Counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion addressed to the City may be relied upon by the Underwriter to the same extent as if such opinion was addressed to it; 6. Supplemental Opinion. A supplemental opinion or opinions, dated the Closing Date and addressed to the Underwriter, of Bond Counsel, to the effect that: (i) this Purchase Agreement has been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the other parties thereto, constitutes the legal, valid and binding agreement of the City and is enforceable in accordance with its terms, except to the extent that enforceability may be limited by moratorium, bankruptcy, reorganization, insolvency or other similar laws affecting creditors’ rights generally or by the exercise of judicial discretion in accordance with general principles of equity or otherwise in appropriate cases and by limitations on legal remedies against public agencies in the State; (ii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Fiscal Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; (iii) the information contained in the Official Statement on the cover and under the captions “THE FINANCING PLAN,” “THE BONDS,” “SOURCES OF PAYMENT FOR THE BONDS,” “LEGAL MATTERS – Tax Exemption” and in Appendices D and F to the Official Statement (excluding any financial, statistical and economic data, forecasts, numbers, charts, graphs, estimates, projections, and assumptions and any information regarding The Depository Trust Company and the book-entry system as to which Bond Counsel need express no opinion or view, and further, excluding any material that may be treated as included under such captions by cross-reference), are accurate insofar as such statements purport to summarize certain provisions of the Bonds, the Fiscal Agent Agreement, Bond Counsel’s final approving opinion and the Community Facilities District Act; and (iv) the Community Facilities District has been duly formed, and the Special Taxes have been duly and validly levied in accordance with the provisions of the Community Facilities District Act and, except to the extent prohibited by moratorium, bankruptcy, reorganization, fraudulent conveyance or transfer, insolvency or other similar laws affecting creditors’ rights generally, a lien to secure payment of the Special Taxes has been imposed on taxable property in the Community Facilities District; 7. Letter of Disclosure Counsel. A letter, dated the Closing Date and addressed to the Underwriter and the City, of Best Best & Krieger LLP, acting as Disclosure Counsel, to the effect that no facts have come to the attention of the attorneys in such firm rending legal services in connection with the Bonds that cause them to believe that the Preliminary Official Statement as of its date and as of the date of this Purchase Agreement and the Official Statement, as of its date or as of the Closing Date, contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary to make the statement made therein, in light of the circumstances under which they were made, not misleading (except that no opinion or belief need be expressed as to any appendices, CUSIP numbers, financial, accounting, statistical, economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections,       Packet Pg. 1933 13 assumptions or expressions of opinion, any determinations regarding valuation, real estate, and environmental matters, or any basis therefor; information about the Underwriter, underwriting; statements relating to the treatment of the Bonds or the interest, discount or premium related thereto for tax purposes under the laws of any jurisdiction and statements contained in the Official Statement under the caption LEGAL MATTERS – Tax Exemption,” any information about the Depository Trust Company or the book-entry system). 8. City Attorney Opinion. An opinion, dated the Closing Date and addressed to the Underwriter, of the City Attorney, in substantially the form attached hereto as Exhibit B; 9. Closing Certificate of the City. A certificate, dated the Closing Date, and signed by an authorized officer of the City substantially in the form of Exhibit C hereto, together with such additional certifications as Bond Counsel may require; 10. Fiscal Agent Incumbency Certificate. Certified copies of the general resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by certain officers of the Fiscal Agent which resolution authorizes the execution of the Fiscal Agent Agreement and the authentication of the Bonds; 11. Fiscal Agent ’s Certificate. A certificate or certificates of the Fiscal Agent, dated the Closing Date, in form and substance acceptable to the Underwriter and Bond Counsel; 12. Fiscal Agent ’s Counsel Opinion. An opinion or opinions of counsel to the Fiscal Agent dated the Closing Date and addressed to the City and the Underwriter to the effect that the Fiscal Agent has duly authorized the execution and delivery of the Fiscal Agent Agreement and is a valid and binding obligation of the Fiscal Agent enforceable in accordance with its terms; 13. Opinion of Underwriter’s Counsel. An opinion of Kutak Rock LLP, counsel to the Underwriter, dated the date of the Closing, addressed to the Underwriter, in form and substance acceptable to the Underwriter; 14. Special Tax Consultant Certificate. A certificate, dated the Closing Date from Spicer Consulting Group, LLC (the “Special Tax Consultant”) substantially in the form attached as Exhibit D hereto; 15. Specimen Bonds. Copies of the Specimen Bonds; 16. Nonarbitrage Certificate. A certificate of the City, dated the Closing Date, in a form acceptable to Bond Counsel and the Underwriter, that the Bonds are not arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended; 17. Form 8038-G. An Information Return for Tax-Exempt Bond Issues (Internal Revenue Service Form 8038-G), in a form satisfactory to Bond Counsel for filing, executed by a duly authorized officer of the City, together with evidence that such Form 8038-G has been mailed; 18. CDIAC Statements. Copies of filings with the California Debt and Investment Advisory Commission relating to the issuance of the Bonds;       Packet Pg. 1934 14 19. Blanket Letter of Representations. A copy of the Blanket Letter of Representations to DTC relating to the Bonds signed by the City; 20. Certificates Regarding Preliminary Official Statement. Prior to and in connection with printing and distribution of the Preliminary Official Statement, (i) an executed certificate of the City deeming the Preliminary Official Statement final within the meaning of the Rule, and (ii) an executed certificate of JEC Enterprises, Inc., a California corporation (the “Property Owner”), substantially in the form under Exhibit F hereto; 21. Property Owner Continuing Disclosure Certificate. An executed copy of the Property Owner Continuing Disclosure Certificate in the form included as an appendix to the Official Statement; 22. Property Owner Bring-Down Certificate. An executed bring-down certificate from the Property Owner, dated as of the Closing Date, substantially in the form set forth in Exhibit G hereto; 23. Property Owner Counsel Opinion. The opinions of counsel to the Property Owner addressed to the City and the Underwriter, dated as of the Closing Date, in form and substance acceptable to the City and the Underwriter; 24. Appraiser Closing Certificate. A certificate in form and substance as set forth in Exhibit H hereto of Kitty Siino & Associates, Inc., Tustin, California, the appraiser of the property within the Community Facilities District, dated as of the Closing Date; and 25. Additional Documents. Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, of the material representations and warranties of the City contained herein, and of the statements and information contained in the Official Statement and the due performance or satisfaction by the City at or prior to the Closing of all agreements then to be performed and all conditions then to be satisfied by the City and the Community Facilities District in connection with the transactions contemplated hereby and by the Fiscal Agent Agreement and the Official Statement. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds contained in this Purchase Agreement, or if the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the City nor the Underwriter shall be under any further obligation hereunder, except that the respective obligations of the Underwriter and the City set forth in Section 5 hereof shall continue in full force and effect. 4. Representations and Agreements of the Underwriter. The Underwriter represents to and agrees with the City that: A. The Underwriter is duly authorized to execute and deliver this Purchase Agreement and to take any action under the Purchase Agreement required to be taken by it.       Packet Pg. 1935 15 B. The Underwriter is in compliance with MSRB Rule G-37 with respect to the City and the Community Facilities District, and is not prohibited thereby from acting as underwriter with respect to securities of the City and the Community Facilities District. The Underwriter is in compliance with MSRB Rule G-17 with respect to the City and the Community Facilities District. C. The Underwriter has, and has had, no financial advisory relationship with the City or the Community Facilities District with respect to the Bonds, and no investment firm controlling, controlled by or under common control with the Underwriter has or has had any such financial advisory relationship, within the meaning of California Government Code Section 53590, or otherwise. D. The Underwriter has not paid or agreed to pay, nor will it pay or agree to pay, any entity, company, firm or person (including, but not limited to, the City’s financial consultants, or any officer, agent or employee thereof), other than a bona fide officer, agent or employee working for the Underwriter, any compensation, fee, gift or other consideration contingent upon or resulting from the award of or entering into this Purchase Agreement. E. The Underwriter has reasonably determined that the City’s undertaking in the Continuing Disclosure Certificate to provide continuing disclosure with respect to the Bonds is sufficient to effect compliance with the Rule. 5. Expenses. A. Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, it shall be under no obligation to pay, and the City shall pay out of the proceeds of the Bonds or any other legally available funds of the City, all expenses incidental to the performance of the City’s obligations hereunder, including but not limited to the cost of printing and delivering the Bonds to the Underwriter; the costs of printing and shipping the Preliminary Official Statement and the Official Statement; the fees and disbursements of the City, the Community Facilities District, the Fiscal Agent, Bond Counsel, Disclosure Counsel, accountants and any other experts or consultants retained by the City or the Community Facilities District in connection with the issuance and sale of the Bonds; and any other expenses not specifically enumerated in paragraph (B) of this Section incurred in connection with the issuance and sale of the Bonds. B. Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall be responsible for and pay, CUSIP® and CDIAC fees and expenses to qualify the Bonds for sale under any “blue sky” laws; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds not specifically enumerated in paragraph (A) of this Section, including the fees and disbursements of its counsel. 6. Undertakings of the City. The City agrees: (a) to inform the Underwriter, from time to time, upon the reasonable request of the Underwriter, of the amount then on deposit in the Reserve Fund; and (b) to make available to the Underwriter, upon reasonable request of the Underwriter, at the expense of the City, sufficient copies of its audited financial statements, if any, and any resolutions of the City Council with respect to the Community Facilities District Resolutions, the Bonds, the Fiscal Agent Agreement, the Official Statement, any amendments or supplements thereto, and other documents relating to the Bonds and pertaining to the City or the Community Facilities       Packet Pg. 1936 16 District adopted or executed, as the case may be, after the Closing Date, to the extent that such documents are publicly available. 7. Establishment of Issue Price. The Underwriter agrees to assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at or before the Closing Date an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit E, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the City and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds. With respect to Bonds of those maturities as to which at least 10% of the Bonds of the maturity has been sold to the public (defined in paragraph (f) below) at a single price (the “10% test”), based on reporting by the Underwriter to the City on the date hereof and prior to the execution of this Purchase Agreement, which maturities are indicated in Exhibit A attached hereto as having satisfied the 10% test (the “10% Test Maturities”), the City will treat the first price at which 10% of each such maturity of the Bonds was sold to the public as the issue price of that maturity. With respect to Bonds of those maturities as to which the 10% test has not been satisfied, based on reporting by the Underwriter to the City on the date hereof and prior to the execution of this Purchase Agreement, which maturities are indicated in Exhibit A attached hereto as being subject to the “hold- the-offering-price rule,” defined below (the “Hold-the-Offering-Price Maturities”), the Underwriter and the City agree that the rules in paragraph (c) below shall apply. For purposes of this section, for Bonds maturing on the same date but having different interest rates, each separate group of Bonds having a different interest rate is subject to the 10% test or paragraph (c) below, as the case may be, as if such separate group of Bonds was a separate maturity. The Underwriter confirms that it has offered the Bonds to the public on or before the date of this Purchase Agreement at the offering price or prices (each an “initial offering price”), or at the corresponding yield or yields, set forth in Exhibit A attached hereto, except as otherwise set forth therein. Exhibit A also sets forth, identified under the columns (X) “10% Test Satisfied,” (Y) “10% Test Not Satisfied,” and (Z) “Subject to Hold-the-Offering-Price-Rule Used,” as of the date of this Purchase Agreement, the maturities, if any, of the Bonds for which the Underwriter represents that (i) the 10% test has been satisfied (based on the assumption that the orders aggregating more than 10% of a maturity will be confirmed by the close of the business day immediately following the date of this Purchase Agreement) (see clause (X) above, which will be checked), or (ii) the 10% test has not been satisfied and for which the City and the Underwriter agree that the restrictions set forth in the next sentence shall apply (see clauses (Y) and (Z) above, both of which will be checked) , which will allow the City to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: 1. the close of the fifth (5th) business day after the sale date; or       Packet Pg. 1937 17 2. the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter shall promptly advise the City, after the close of the fifth (5th) business day, whether it has sold at least 10% of each Hold-the-Offering-Price maturity to the public at a price that is no higher than the initial offering price to the public of that maturity, if such sale has occurred prior to the close of the fifth (5th) business day after the sale date. The Underwriter confirms that: (i) any selling group agreement and any retail or other third-party distribution agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group and each broker-dealer that is a party to such retail or other third-party distribution agreement, as applicable: (A) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter, (B) to promptly notify the Underwriter of any sales of Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the dealer or broker- dealer, the Underwriter shall assume that each order submitted by the dealer or broker-dealer is a sale to the public. (ii) any selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a retail or other third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail or other third-party distribution agreement to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (e) The City acknowledges that, in making the representation set forth in this section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a retail or other third-party distribution agreement was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in the retail or other third-party distribution agreement and the related pricing wires.       Packet Pg. 1938 18 (f) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) “public” means any person other than an underwriter or a related party; (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail or other third- party distribution agreement participating in the initial sale of the Bonds to the public); (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and (iv) “sale date” means the date of execution of this Purchase Agreement by all parties. 8. Notices. Any notice or other communication to be given to the City pursuant to this Bond Purchase Agreement may be given by delivering the same in writing to such entity, at the addresses set forth on the cover page hereof. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Hilltop Securities Inc., 2533 South Coast Highway 101, Suite 250, Cardiff by the Sea, California 92007, Attention: Public Finance. All such notices, requests or other communications may be made by telephone, personal or courier delivery, registered or certified mail, facsimile transmission or electronic communication, provided that delivery by facsimile transmission or electronic communication must be confirmed by the sender. The City and the Underwriter may, by notice given as aforesaid, specify a different address for any such notices, requests or other communications. 9. Parties In Interest. This Purchase Agreement is made solely for the benefit of the City and the Underwriter (including any successors or assignees of the Underwriter) and no other person shall acquire or have any right hereunder or by virtue hereof. The City and the Underwriter may not assign this Agreement. The term “successor” shall not include any holder of any Bonds merely by virtue of such holding. 10. Survival of Representations and Warranties. The representations and warranties of the City under this Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing and regardless of any investigations made by or on       Packet Pg. 1939 19 behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the City or the Community Facilities District and regardless of delivery of and payment for the Bonds. 11. Severability. If any provision of this Purchase Agreement is, or is held or deemed to be, invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, because it conflicts with any provisions of any constitution, statute, rule of public policy or for any other reason, such circumstances shall not make the provision in question invalid, inoperative or unenforceable in any other case or circumstance, or make any other provision or provisions of this Agreement invalid, inoperative or unenforceable to any extent whatsoever. 12. Execution in Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. 13. No Prior Agreements. This Purchase Agreement supersedes and replaces all prior negotiations, agreements and understanding between the parties hereto in relation to the sale of the Bonds by the City. 14. Governing Law. This Purchase Agreement shall be governed by the laws of the State applicable to contracts made and performed in the State. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS]       Packet Pg. 1940 20 15. Effective Date. This Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and shall be valid and enforceable as of the time of such acceptance. Very truly yours, HILLTOP SECURITIES INC. By: Its: Managing Director The foregoing is hereby agreed to and accepted as of the date first above written: CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO By: Authorized Representative Time of Execution: _____________ p.m. California time [EXECUTION PAGE OF BOND PURCHASE AGREEMENT – COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS]       Packet Pg. 1941 A-1 EXHIBIT A MATURITY SCHEDULE Maturity (September 1) Principal Amount Interest Rate Yield Price 10% Test Satisfied* 10% Test Not Satisfied Subject to Hold-The- Offering-Price Rule (marked if used) 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 20__(T) 20__(T) 20__(T) 20__(T) _________________ (T) Term Bond. *At the time of execution of this Purchase Agreement and assuming orders are confirmed by the close of the business day immediately following the date of this Purchase Agreement.       Packet Pg. 1942 B-1 EXHIBIT B FORM OF CITY ATTORNEY OPINION [Closing Date] Hilltop Securities Inc. Cardiff by the Sea, CA City of San Bernardino San Bernardino, CA Re: Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds Ladies and Gentlemen: We serve as City Attorney to the City of San Bernardino (the “City”). This opinion is addressed to you in connection with the issuance by the City of its Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”) in the principal amount of $______. The Bonds are being issued pursuant to a Fiscal Agent Agreement, dated as of ____ 1, 2023 (the “Fiscal Agent Agreement”), between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent ”) and sold pursuant to the Bond Purchase Agreement dated [BPA Date] (the “Purchase Agreement”), between the City and Hilltop Securities Inc., as underwriter (the “Underwriter”). Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Fiscal Agent Agreement or, if not defined in the Fiscal Agent Agreement, in the Purchase Agreement. In rendering this opinion, we have made the assumption that all documents submitted to or reviewed by us are accurate and complete and, if not originals, are true and correct copies of originals. As to questions of fact material to this opinion letter, we have relied upon representations and information supplied to us by the City and its officers, employees, and representatives and upon representations and certificates of various public officials. In the course of my representation, nothing has come to our attention that caused us to believe that any of the factual representations upon which we have relied are not true, but we have made no other factual investigations. When used herein, the phrase “to our current actual knowledge” means that, during the course of our representation of the City, no information that would give us current actual knowledge of the inaccuracy of such statements has come to our attention. However, we have not undertaken any independent investigation or inquiry to determine the accuracy of such statements other than inquiries of officers of the City. Any limited inquiry undertaken by us during the preparation of this opinion letter should not be regarded as such an investigation. No inference as to our knowledge of any matters bearing on the accuracy of any such statement should be drawn from the fact of my representation of the City, either past or present. For the purpose of rendering the opinions set forth below, we have assumed that the Bonds have been issued in compliance with the provisions of the Mello-Roos Community Facilities Act of 1982 of the State of California (being §§53311 et seq., of the California Government Code), that the Bonds have been issued in accordance with the requirements of the Fiscal Agent Agreement, and that       Packet Pg. 1943 B-2 such issuance does not result in the violation of any constitutional, statutory, or other limitation relating to the amount of indebtedness that may be incurred by the City. Based on and subject to the foregoing, and in reliance thereon, as of the date hereof, we are of the opinion that: 1. The City is a public body, corporate and politic, duly organized and existing under and by virtue of the laws of the State of California. 2. The meetings of the City relating to the proceedings taken in connection with the issuance of the Bonds were duly called and held and the Resolution was duly adopted or enacted and is in full force and effect and has not been amended, modified or supplemented in any way. 3. The Purchase Agreement, the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Bonds have been duly authorized and executed by the City and, assuming the due authorization, execution, and delivery of the Purchase Agreement, Continuing Disclosure Certificate, and the Fiscal Agent Agreement by and their enforceability against the other parties thereto, the Purchase Agreement, Continuing Disclosure Certificate, the Fiscal Agent Agreement and the Bonds are legal, valid, binding agreements of the City for the District enforceable against the City in accordance with their respective terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium, or other laws relating to or affecting the enforcement of creditors’ rights generally; by the application of general principles of equity, including without limitation concepts of materiality, reasonableness, good faith, and fair dealing, regardless of whether considered in a proceeding in equity or at law; the possible unavailability of specific performance or injunctive relief; and by the limitations imposed on actions against governmental entities in the State of California. 4. The adoption of the Resolution and the execution and delivery by the City of the Purchase Agreement, the Fiscal Agent Agreement, Continuing Disclosure Certificate, and the Bonds and compliance with the provisions thereof by the City do not violate any applicable law, regulation or, to the best of my current actual knowledge, judgment, order or decree of any court or any public or governmental agency or authority of the State of California or the federal government of the United States of America and, to the best of my current actual knowledge, do not result in the breach of any of the provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or instrument to which the City is a party or by which it is otherwise subject. 5. To our current actual knowledge, the City is not violating any applicable law or administrative regulation of the State of California or the United States, is not violating or in breach of any applicable judgment or decree, and is not in breach of or default under any loan agreement, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, which violation, breach, or default would materially adversely affect the transactions contemplated by the Purchase Agreement, the Fiscal Agent Agreement, or the Bonds. The opinions set forth above are further qualified as follows: (a) Our opinions are limited to the matters expressly set forth herein and no opinion is to be implied or may be inferred beyond the matters expressly so stated;       Packet Pg. 1944 B-3 (b) We are licensed to practice law in the State of California; accordingly, the foregoing opinions only apply insofar as the laws of the State of California and the United States may be concerned, and we express no opinion with respect to the laws of any other jurisdiction; (c) We express no opinion as to the enforceability under certain circumstances of contractual provisions respecting various summary remedies without notice or opportunity for hearing or correction, especially if their operation would work a substantial forfeiture or impose a substantial penalty upon the burdened party; (d) We express no opinion as to the effect or availability of any specific remedy provided for in the Fiscal Agent Agreement under particular circumstances, except that we believe such remedies are, in general, sufficient for the practical realization of the rights intended thereby; (e) We express no opinion as to the enforceability of any indemnification, contribution, choice of law, choice of forum, or waiver provisions contained in the Fiscal Agent Agreement or the Purchase Agreement; (f) We express no opinion concerning the application to or compliance with federal securities law, including but not limited to the Securities Act of 1933, as amended, and the Trust Indenture Act of 1939, as amended, any state securities or “Blue Sky” law, or any federal, state or local tax law, of the Bonds or the issuance and sale thereof; (g) We disclaim any obligation to update this opinion for events occurring after the date hereof or any new facts or information that may become known to me after the date of this opinion; We hereby confirm to you that, to our current actual knowledge, there are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by any court, governmental agency, public board or body that are pending and have been served, or overtly threatened in writing against the City, contesting the titles of its officers to their respective offices, or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Resolution, or the Fiscal Agent Agreement, or the collection or application of the Special Taxes and the interest thereon to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Resolution, the Fiscal Agent Agreement, the Continuing Disclosure Certificate, or the powers of the City or its authority with respect to the Bonds, the Resolutions, the Fiscal Agent Agreement, the Continuing Disclosure Certificate, the Purchase Agreement or any action on the part of the City contemplated by any of said documents. As City Attorney to the City in this matter, we have not rendered financial advice to the City and do not represent, by this opinion or otherwise, that we have reviewed or made any assessment about, nor do we offer any opinion about, the financial condition of the City, past, present or future, including any financial information contained in the documents; nor have we reviewed the financial feasibility of this transaction or those projects that the proceeds of the Bonds will fund or any of their components, and, accordingly, we offer no opinion whatsoever regarding such financial feasibility. This letter is furnished by us as City Attorney. No attorney-client relationship has existed or exists between us and the Underwriter in connection with the Bonds or by virtue of this letter. This letter is delivered to the Underwriter solely for their benefit in connection with the transactions covered by the first paragraph of this letter and may not be relied upon or used by, circulated, quoted or referred to, nor may copies hereof be delivered to, any other person or for any other purpose       Packet Pg. 1945 B-4 without our prior written approval; provided, however, that copies of this opinion may be included in the closing transcripts for the transactions covered by the first paragraph of this letter. This letter is not intended to be relied upon by owners of Bonds. Very truly yours,       Packet Pg. 1946 C-1 EXHIBIT C COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS CLOSING CERTIFICATE OF THE CITY I, the undersigned, hereby certify that I am the ________ of the City of San Bernardino (the “City”), the City Council of the City (the “City Council”) of which is the legislative body for Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “Community Facilities District”), a community facilities district duly organized and existing under the laws of the State of California (the “State”) and I am authorized to execute this Certificate on behalf of the City in connection with the issuance of the above-captioned bonds (the “Bonds”). All capitalized terms used and not otherwise defined herein shall have the meanings given such terms in the Bond Purchase Agreement (the “Bond Purchase Agreement”), dated [BPA Date], by and between the City and Hilltop Securities Inc. I further certify on behalf of the City that: (i) The representations, warranties and covenants of the City contained in the Bond Purchase Agreement are true and correct in all material respects on and as of the date hereof as if made on the date hereof; (ii) The Community Facilities District Resolutions, Formation Documents and the City Documents are in full force and effect and have not been amended, modified or supplemented; (iii) Except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation at law or in equity, or by any court or regulatory agency, public board or body pending, with respect to which the City or the Community Facilities District has been served with process, or to the knowledge of the City, threatened wherein an unfavorable decision, ruling or finding would: (a) affect the creation, organization, existence or powers of the City or the Community Facilities District, or the titles of their officers to their respective offices, (b) enjoin or restrain the issuance, sale and delivery of the Bonds, the levy or collection of the Special Taxes or any other moneys or property pledged or to be pledged under the Fiscal Agent Agreement, or the pledge thereof, (c) in any way question or affect any of the rights, powers, duties or obligations of the City or the Community Facilities District with respect to the Special Taxes or moneys and assets pledged or to be pledged to pay the principal of, premium, if any, or interest on the Bonds, (d) in any way question or affect any authority for the issuance of the Bonds, or the validity or enforceability of the Bonds or the proceedings relating to the issuance of the Bonds, or (e) in any way question or affect the Bond Purchase Agreement or the transactions contemplated thereby, the Official Statement or the City Documents; (iv) The information in the Preliminary Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) as of its date was and as of the date hereof is, and in the Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) as of its date was and as of the date hereof is, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading;       Packet Pg. 1947 C-2 (v) The City has complied with all agreements and covenants, and satisfied all conditions, on its part to be complied with or satisfied under the Bond Purchase Agreement and under the Community Facilities District Resolutions, the Formation Documents, the City Documents and the Official Statement at or prior to the date hereof; (vi) No event has occurred since the date of the Official Statement which either makes untrue or incorrect in any material respect as of the date hereof any statement or information contained in the Preliminary Official Statement or the Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) or is not reflected in the Official Statement but should be reflected therein in order to make the statements and information therein not misleading in any material respect; and (vii) The use of and distribution by the Underwriter of the Preliminary Official Statement and the Official Statement in connection with the offer and sale of the Bonds is hereby ratified. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: [Closing Date]CITY OF SAN BERNARDINO By: Its:       Packet Pg. 1948 D-1 EXHIBIT D COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS CERTIFICATE OF SPECIAL TAX CONSULTANT The undersigned hereby states and certifies: 1. That the undersigned is an authorized officer of Spicer Consulting Group, LLC (the “Special Tax Consultant”) and as such is familiar with the facts herein certified and is authorized and qualified to certify the same. 2. That the Special Tax Consultant has reviewed and is familiar with the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) as set forth in Appendix A to the Official Statement dated [BPA Date], for Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “Community Facilities District”) 2023 Special Tax Bonds. Capitalized terms not otherwise defined herein shall be defined as provided in the Rate and Method or the Fiscal Agent Agreement, dated as of _______ 1, 2023, between the City of San Bernardino (the “City”) and U.S. Bank Trust Company, National Association, as Fiscal Agent . 3. That the Special Taxes, if levied in accordance with the Rate and Method and collected will annually yield sufficient revenue to make timely payments of the Annual Debt Service on the Bonds, and annual Administrative Expenses related to the levy and collection of the Special Taxes and the expenses of the Fiscal Agent for the Bonds (no representation is made as to the actual amounts that will be collected in future years). 4. That the Special Tax, if collected in the maximum amounts permitted pursuant to the Rate and Method on the Closing Date, after payment of annual Administrative Expenses related to the levy and collection of the Special Taxes and the expenses of the Fiscal Agent for the Bonds, would annually generate at least 110% of the Annual Debt Service payable with respect to the Bonds payable from such Special Taxes assuming the debt service schedule shown in the Official Statement is true and correct. 5. That all information supplied by the Special Tax Consultant for use in the Official Statement is true and correct, as of the date of the Official Statement and as of the date hereof. 6. That, as of the dates of the Preliminary Official Statement and the Official Statement and as of the date hereof, the information contained in those portions of the Official Statement entitled “THE DISTRICT” and “APPENDIX A,” including the tables sourced to the Special Tax Consultant, and the other data provided by the Special Tax Consultant and included in the Official Statement, do not, to our knowledge, contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 7. The City, Hilltop Securities Inc., Best Best & Krieger LLP and all the professionals involved in the financing are entitled to rely on this Certificate.       Packet Pg. 1949 D-2 Dated: [Closing Date] SPICER CONSULTING GROUP, LLC By: Authorized Representative       Packet Pg. 1950 E-1 EXHIBIT E $_______ COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS FORM OF ISSUE PRICE CERTIFICATE The undersigned, on behalf of Hilltop Securities Inc. (“Hilltop”) hereby certifies as set forth below with respect to the sale and issuance of the above-captioned bonds (the “Bonds”). 1.Sale of the Bonds. (a) Hilltop offered each Maturity of the Bonds to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Bond Purchase Agreement, dated [BPA Date], between the Issuer and Hilltop, Hilltop agreed in writing that, (i) for each Maturity of the Bonds, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering- price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold-the- offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Bonds at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 2.Defined Terms. (a)Holding Period means, for each Maturity of the Bonds, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which Hilltop has sold at least 10% of such Maturity of the Bonds to the Public at prices that are no higher than the Initial Offering Price for such Maturity. (b)Issuer means the City of San Bernardino. (c)Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (d)Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly.       Packet Pg. 1951 E-2 (e)Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is [BPA Date]. (f)Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Hilltop’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in a Certificate as to Arbitrage and Tax Compliance Procedures for the Bonds and with respect to compliance with the federal income tax rules affecting the Bonds, and by Best Best & Krieger LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.       Packet Pg. 1952 E-3 Dated: [Closing Date] HILLTOP SECURITIES INC. By: Title: -Signature Page- Issue Price Certificate       Packet Pg. 1953 Schedule SCHEDULE A SALE PRICES (To be attached)       Packet Pg. 1954 Schedule SCHEDULE B PRICING WIRE OR EQUIVALENT COMMUNICATION (Attached)       Packet Pg. 1955 F-1 EXHIBIT F COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS CERTIFICATE OF JEC ENTERPRISES, INC. [POS Date] City of San Bernardino Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Hilltop Securities Inc. 2533 South Coast Highway 101, Suite 250 Cardiff, CA 92007 Reference is made to the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, 2023 Special Tax Bonds (the “Bonds”) and to the Bond Purchase Agreement (the “Bond Purchase Agreement”) to be entered into by and between the City of San Bernardino (the “City”), for and on behalf of Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “Community Facilities District”), and Hilltop Securities Inc., as underwriter (the “Underwriter”). This Certificate of JEC Enterprises, Inc. (the “Certificate”) is delivered pursuant to and in satisfaction of Section 3(E)(20) of the Bond Purchase Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Bond Purchase Agreement. As used in this Certificate, the phrase “Actual Knowledge of the Undersigned” means, as of the date of this Certificate, the actual knowledge (as opposed to constructive) that the undersigned currently has or has obtained through (i) interviews with such current officers and responsible employees of the Property Owner as the undersigned has reasonably determined are likely, in the ordinary course of their respective duties, to have knowledge of the matters set forth in this Certificate, and/or (ii) review of documents reasonably available to the undersigned and which the undersigned reasonably deemed necessary for the undersigned to obtain knowledge of the matters set forth in this Certificate. The undersigned has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection with the ordinary course of the Property Owner’s current business and operations. The undersigned has not contacted individuals who are no longer employed by the Property Owner. As used in this Certificate, the term “Relevant Entity” means, with respect to the Property Owner, any other Person (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Property Owner, and (ii) for whom information, including financial information or operating data, concerning such       Packet Pg. 1956 F-2 Person is material to an evaluation of the Bonds (i.e. such person or entity’s assets or funds would materially affect the Property Owner’s ability to develop the Property (defined below) as described in the Preliminary Official Statement or to pay its Special Taxes on the Property to the extent the responsibility of the Property Owner) prior to delinquency). As used in this Certificate, the term “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. For purposes hereof, the term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. As used in this Certificate, the term “Property” means the real property currently owned by the Property Owner within Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “Community Facilities District”), as further described in the Preliminary Official Statement. The undersigned certifies that he or she is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of JEC Enterprises, Inc., a California corporation (the “Property Owner”), and the undersigned, on behalf of the Property Owner, further certifies as follows: (1) The Property Owner is duly organized and validly existing under the laws of the State of California and is in good standing under the laws of the State of California, and has or will have prior to the Closing, all requisite corporate right, power and authority: (i) to execute and deliver this Certificate; (ii) to own and develop the Property, as described in the Preliminary Official Statement; (iii) to execute and deliver the Property Owner Continuing Disclosure Certificate at Closing; (iv) to perform its obligations under the Property Owner Continuing Disclosure Certificate; and (v) to carry on its business as described in the Preliminary Official Statement. (2) The Property Owner agrees to execute at Closing the Property Owner Continuing Disclosure Certificate substantially in the form attached as an appendix to the Preliminary Official Statement, with such additional changes as may be agreed upon by the Underwriter, Bond Counsel and the Property Owner. (3) Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the Property Owner is not aware of any material failures by it or any Relevant Entity to comply in all material respects with any previous continuing disclosure undertaking in a written certificate or agreement executed by it or its Relevant Entities to provide periodic continuing disclosure reports or notices of listed events with       Packet Pg. 1957 F-3 respect to community facilities district or assessment district bond issues in California within the past five years. (4) To the Actual Knowledge of the Undersigned, the Property Owner and its Relevant Entities are not in breach of or in default under any applicable judgment or decree or any loan agreement, line of credit, option agreement, development agreement, indenture, fiscal agent agreement, bond or note (collectively, the “Material Agreements”) to which the Property Owner or its Relevant Entities are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversely affect the ability of the Property Owner: (i) to own and develop the Property, as described in the Preliminary Official Statement; (ii) to pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iii) to carry on its business as described in the Preliminary Official Statement; or (iv) to perform its obligations under the Property Owner Continuing Disclosure Certificate. (5) Except as described in the Preliminary Official Statement, the Property Owner has no loans outstanding and unpaid and no lines of credit that are secured by the Property. (6) Except as disclosed in the Preliminary Official Statement, with respect to property owned by the Property Owner or any of its Relevant Entities located within the boundaries of a community facilities district or assessment district in California, to the Actual Knowledge of the Undersigned, within the last five (5) years, neither the Property Owner nor any of its Relevant Entities has (i) intentionally failed to pay when due any property taxes, special taxes, or assessments levied or assessed against such property absent a bona fide dispute as to the amount owed, (ii) had any such property become either tax deeded to any governmental agency or the subject of judicial foreclosure proceedings for failure to pay such property taxes, special taxes, or assessments levied or assessed against such property, or (iii) failed to cure such delinquencies within forty-five days of becoming aware of such delinquencies (to the extent the responsibility of the Property Owner or any such Relevant Entity). (7) Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, there is no litigation, inquiry, investigation or administrative proceeding, by or before any court, regulatory agency, public board or body, pending against the Property Owner (with service of process to the Property Owner having been accomplished), or to the Actual Knowledge of the Undersigned, overtly threatened in writing against the Property Owner, or to the Actual Knowledge of the Undersigned, pending against any Relevant Entity (with service of process to such Relevant Entity having been accomplished), or to the Actual Knowledge of the Undersigned, overtly threatened in writing       Packet Pg. 1958 F-4 against any Relevant Entity, in each case which, if successful, could reasonably be expected to: (i) materially and adversely affect the ability of the Property Owner to own and develop the Property, as described in the Preliminary Official Statement; (ii) materially and adversely affect the ability of the Property Owner to pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iii) materially and adversely affect the ability of the Property Owner to carry on its business as described in the Preliminary Official Statement; (iv) materially adversely affect the ability of the Property Owner to perform its obligations under the Property Owner Continuing Disclosure Certificate; (v) challenge, question the validity or enforceability of, or restrain or enjoin the performance of, the Special Taxes, the Bonds, the Resolution, the Fiscal Agent Agreement, the Property Owner Continuing Disclosure Certificate or the Bond Purchase Agreement; or (vi) restrain or enjoin collection of Special Taxes or other sums to be pledged to pay the principal of and interest on the Bonds. (8) Except as disclosed in the Preliminary Official Statement or in this Certificate: (i) the Property Owner and, to the Actual Knowledge of the Undersigned, its Relevant Entities, are able to pay their respective bills as they become due; (ii) neither the Property Owner nor, to the Actual Knowledge of the Undersigned, any of its Relevant Entities, has filed for bankruptcy or been declared bankrupt in the last ten (10) years; and (iii) to the Actual Knowledge of the Undersigned, there are no proceedings pending against the Property Owner (with service of process to the Property Owner having been accomplished) or overtly threatened in writing in which the Property Owner or any of its Relevant Entities may be adjudicated as bankrupt, become the debtor in a bankruptcy proceeding, be discharged from any or all of its respective debts or obligations, be granted an extension of time to pay its respective debts or obligations, or be granted a reorganization or readjustment of its respective debts or obligations. (9) As of the date of the Preliminary Official Statement, the information contained therein solely with respect to the Property Owner, its Relevant Entities, the proposed development of the Property, ownership of the Property, the Property Owner’s development plan, the Property Owner’s financing plan, the Property Owner’s lenders (if any), and contractual arrangements of the Property Owner or any Relevant Entities (including, if material to the Property Owner’s development plan or the Property Owner’s financing plan, loans of the Property Owner or such Relevant Entities) as set forth under the       Packet Pg. 1959 F-5 sections of the Preliminary Official Statement captioned “THE DISTRICT—General Description of the District,” “—The Developer” and “—The Development” and “CONTINUING DISCLOSURE—The Developer Continuing Disclosure” (but in all cases under all captions excluding therefrom (i) information regarding the Appraisal Report, market value ratio and annual special tax rates and ratios, and (ii) information which is identified as having been provided by a source other than the Property Owner) is true and correct in all material respects, and did not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (10) Except as disclosed in the Preliminary Official Statement, the Property Owner has not submitted an application for, nor received actual notice of: (i) the formation or authorization of any other assessment district or community facilities district that would include any portion of the Property, or (ii) the authorization or issuance of any debt secured by an assessment or another special tax to be levied on any portion of the Property, other than the Special Tax. (11) Except as set forth in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, there are no claims, disputes, lawsuits, actions or contingent liabilities of or against the Property Owner or its Relevant Entities, or among, by or between the Property Owner and any contractors working on the development of the Property, which could reasonably be expected to materially and adversely affect: (i) the ability of the Property Owner to own and develop the Property, as described in the Preliminary Official Statement; (ii) the ability of the Property Owner to pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iii) the ability of the Property Owner to carry on its business as described in the Preliminary Official Statement; or (iv) the ability of the Property Owner to perform its obligations under the Property Owner Continuing Disclosure Certificate. (12) The Property Owner covenants that, while the Bonds or any refunding obligations related thereto are outstanding, the Property Owner will not bring any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, that in any way: (i) seeks to challenge or overturn the formation of the Community Facilities District; (ii) seeks to challenge the adoption of the ordinance levying Special Taxes within the Community Facilities District;       Packet Pg. 1960 F-6 (iii) seeks to invalidate the Community Facilities District or any of the Bonds or any refunding obligations relating thereto; or (iv) seeks to invalidate the special tax liens imposed under Section 3115.5 of the Streets and Highways Code based on recordation of the notices of special tax lien relating thereto. The foregoing covenant shall not prevent the Property Owner in any way from bringing any other action, suit, proceeding, inquiry or investigation at law or in equity relating to the following: (a) a claim that the Special Tax has not been levied in accordance with the Rate and Method; (b) the application or use of the Special Taxes levied and collected; or (c) the enforcement of the obligations of the City or the Community Facilities District under the Fiscal Agent Agreement or any agreements among the Property Owner and it Relevant Entities, the City and/or the Community Facilities District or to which the Property Owner or its Relevant Entities is a party or beneficiary. (13) The Property Owner has received a copy of the Rate and Method containing the prepayment formula. The Property Owner acknowledges that any prepayment of the Special Taxes may only be made in accordance with the Rate and Method. (14) The Property Owner intends to comply with the provision of the Mello-Roos Community Facilities Act of 1982, as amended, relating to the Notice of Special Tax described in California Government Code Section 53341.5 in connection with the sale of the Property. (15) Based upon its current development plans, including, without limitation, its current budget and subject to economic conditions and risks generally inherent in the development of real property, including, but not limited to, the risks described in the Preliminary Official Statement under the sections “RISK FACTORS” and “THE DISTRICT,” the Property Owner anticipates that it will have sufficient funds to develop and sell the Property as described in the Preliminary Official Statement and pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency. However, no assurance can be given that sources of financing available to the Property Owner will be sufficient to complete the property development and home construction as currently anticipated and as described in the Preliminary Official Statement. While the Property Owner has made such internal financing available in the past, there can be no assurance whatsoever of its willingness or ability to do so in the future. Neither the Property Owner nor any of its Relevant Entities has any legal obligation of any kind to make any such funds available or to obtain loans. Other than pointing out the willingness of the Property Owner to provide internal financing in the past, the Property Owner has not represented in any way that it will do so in the future. If and to the extent that internal financing and home sales revenues are inadequate to pay the costs to complete the Property Owner’s planned development in the Community Facilities District and other financing by the Property Owner       Packet Pg. 1961 F-7 is not put into place, there could be a shortfall in the funds required to complete the proposed development by the Property Owner and portions of the Property may not be developed. (16) The Property Owner consents to the issuance of the Bonds. The Property Owner acknowledges and agrees that the proceeds of such Bonds will be used for the acquisition and construction of the improvements described in the Preliminary Official Statement. The Property Owner acknowledges that the costs to acquire and construct such improvements are estimates, and that any increase in costs in excess of the estimated costs relating to improvements will reduce the improvements which may be financed by the City, and neither the City, nor the Community Facilities District has any obligation to provide moneys to pay for any such costs. (17) If between the date of this Certificate and the Closing Date, any event relating to or affecting such Property Owner, its Relevant Entities, or the ownership, development or sale of the Property shall occur of which the undersigned has actual knowledge and which the undersigned believes would cause the information under the sections of the Preliminary Official Statement indicated in Paragraph 9 hereof (and subject to the limitations and exclusions contained in Section 9 of this Certificate) to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, Property Owner shall notify the City and the Underwriter and if, in the opinion of counsel to the City or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Preliminary Official Statement, the Property Owner shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance satisfactory to counsel to the City and to the Underwriter. (18) The Property Owner agrees to deliver a Bring-Down Certificate, dated the Closing Date, in substantially the form attached as Appendix G to the Bond Purchase Agreement. If any event related to or affecting the Property Owner, its Relevant Entities or the ownership, development or sale of the Property occurs, as a result of which it is necessary to modify the form of Bring-Down Certificate, the Property Owner agrees to deliver at the time of issuance of the Bonds a new form of Bring-Down Certificate revised to reflect such event. (19) The Property Owner acknowledges and agrees that: (i) in connection with the purchase and sale of the Bonds under the Bond Purchase Agreement, and with the discussions, undertakings and procedures leading up to the consummation of the purchase and sale of the Bonds under the Bond Purchase Agreement, the Underwriter is and has been acting solely as principal and is not acting as the agent or fiduciary of the Property Owner; (ii) the Underwriter has not assumed a fiduciary responsibility in favor of the Property Owner with respect to (a) the offering of the Bonds contemplated hereby or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the Property Owner on other matters), or (b) any other obligation to the Property Owner with respect to the offering contemplated by the Bond Purchase Agreement; and       Packet Pg. 1962 F-8 (iii) the Property Owner has consulted its own legal, financial and other advisors to the extent it has deemed appropriate in connection with the offering contemplated by the Bond Purchase Agreement. (20) On behalf of the Property Owner, I have reviewed the contents of this Certificate and consulted with counsel regarding the meaning of its contents. The Property Owner acknowledges and understands that a variety of state and federal laws, including but not limited to the Securities Act of 1933, as amended, and Rule 10b-5 promulgated under the Securities Exchange Act of 1934, as amended, may apply to the Property Owner, and that under some circumstances certification as to the matters set forth in this Certificate, without additional disclosures or other action, may not fully discharge all duties and obligations of the Property Owner under such laws. [Remainder of Page Intentionally Left Blank; Signature Page Follows]       Packet Pg. 1963 F-9 The undersigned has executed this Certificate solely in his or her capacity as an authorized officer or representative of Property Owner and he or she will have no personal liability arising from or relating to this Certificate. Any liability arising from or relating to this Certificate may only be asserted against the Property Owner. JEC ENTERPRISES, INC., a California corporation By:___________________________________________ Name:________________________________________ Title:_________________________________________       Packet Pg. 1964 G-1 EXHIBIT G COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS BRING-DOWN CERTIFICATE OF JEC ENTERPRISES, INC. [Closing Date] City of San Bernardino Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Hilltop Securities Inc. 2533 South Coast Highway 101, Suite 250 Cardiff, CA 92007 Reference is made to the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino, 2023 Special Tax Bonds (the “Bonds”) and to the Bond Purchase Agreement, dated [BPA Date] (the “Bond Purchase Agreement”), entered in connection therewith. This Bring-Down Certificate of JEC Enterprises, Inc. (the “Bring-Down Certificate”) is delivered by JEC Enterprises, Inc., a California corporation (the “Property Owner”) pursuant to Section 3(E)(22) of the Bond Purchase Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Certificate of JEC Enterprises, Inc. (the “Certificate”), dated [POS Date] delivered by the Property Owner in connection with the distribution of the Preliminary Official Statement relating to the Bonds. The undersigned certifies that he or she is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of the Property Owner, and the undersigned, on behalf of the Property Owner, further certifies as follows: (1) The undersigned has received the final Official Statement relating to the Bonds, dated [BPA Date] (the “Final Official Statement”). Each statement made in the Certificate is affirmed and restated as if made on the date hereof; except that all references therein to the Preliminary Official Statement shall be deemed to be references to the Final Official Statement. (2) To the Actual Knowledge of the Undersigned, no event has occurred since the date of the Preliminary Official Statement that has, in any material way, adversely affected the statements and information described in Paragraph 9 of the Certificate (and subject to the limitations and exclusions contained in Paragraph 9 of the Certificate) relating to the Property Owner and its Relevant Entities, the Property, the Property Owner’s development and financing plans, and the Property Owner’s contractual arrangements (but excluding any information cited as coming from a source other than the Property Owner), which should be disclosed in the Final Official Statement for       Packet Pg. 1965 G-2 the purposes for which it is to be used in order to make such statements and information contained in the Final Official Statement not misleading in any material respect. (3) For a period of 25 days after the Closing Date, if the undersigned has actual knowledge of any event relating to or affecting the Property Owner, its Relevant Entities, or the ownership development or sale of the Property which could cause the information under the captions of the Final Official Statement indicated in Paragraph 9 of the Certificate (and subject to the limitations and exclusions contained in Paragraph 9 of the Certificate) to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Property Owner shall notify the City and the Underwriter and if, in the opinion of counsel to the City or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Final Official Statement, the Property Owner shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Final Official Statement in form and substance satisfactory to counsel to the City and to the Underwriter. (4) The Property Owner has duly executed and delivered the Property Owner Continuing Disclosure Certificate, and the Property Owner Continuing Disclosure Certificate constitutes the legal, valid and binding obligation of the Property Owner, enforceable against the Property Owner in accordance with its terms, except as such enforcement is limited by bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance, and other similar laws relating to or affecting the rights of creditors and certain equitable, legal, or statutory principles affecting the enforcement of contractual rights generally, regardless of whether such enforcement is considered in a proceeding in equity or at law. [Remainder of Page Intentionally Left Blank; Signature Page Follows]       Packet Pg. 1966 G-3 The undersigned has executed this Bring-Down Certificate solely in his or her capacity as an authorized officer or representative of Property Owner and he or she will have no personal liability arising from or relating to this Bring-Down Certificate. Any liability arising from or relating to this Bring-Down Certificate may only be asserted against the Property Owner. JEC ENTERPRISES, INC., a California corporation By:___________________________________________ Name:________________________________________ Title:_________________________________________       Packet Pg. 1967 H-1 EXHIBIT H COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH) OF THE CITY OF SAN BERNARDINO 2023 SPECIAL TAX BONDS CERTIFICATE OF APPRAISER The undersigned hereby states and certifies: 1. That she is an authorized principal of Kitty Siino &Associates, Inc., Tustin, California (the “Appraiser”) and as such is familiar with the facts herein certified and is authorized and qualified to certify the same. 2. That the Appraiser has prepared an appraisal report dated _______, 2023, with a date of value as of February 21, 2023 (the “Appraisal Report”), on behalf the Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino (the “Community Facilities District”) and in connection with the Official Statement dated [BPA Date] (“Official Statement”), concerning Community Facilities District No. 2018-2 (Verdemont Ranch) of the City of San Bernardino 2023 Special Tax Bonds (the “Bonds”). 3. That the Appraiser hereby consents to the reproduction and use of the Appraisal Report appended to the Preliminary Official Statement and the Official Statement. The Appraiser also consents to the references to the Appraiser and the Appraisal made in the Preliminary Official Statement and the Official Statement. 4. In the opinion of the Appraiser the assumptions made in the Appraisal Report are reasonable. 5. That the Official Statement has been reviewed on behalf of the Appraiser and to the best knowledge of the Appraiser the statements concerning the Appraisal Report and the value of the property contained under the captions “THE DISTRICT – Appraisal Report,” and “APPENDIX B – APPRAISAL REPORT” are true, correct and complete in all material respects and do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. 6. Each of the parcels appraised by the Appraiser is encompassed within the Community Facilities District as set forth in the boundary map of the Community Facilities District and the Appraisal Report fairly and accurately described, as of the stated date of value, the market values of the properties in the Community Facilities District that are subject to the special taxes. 7. That, as of the date of the Official Statement and as of the date hereof, the Appraisal Report appended to the Official Statement, to the best of my knowledge and belief, and subject to all of the Limiting Conditions and Major Assumptions set forth in the Appraisal Report, does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading, and no events or occurrences have been ascertained by us or have come to our attention that would materially and adversely affect the conclusions as to the market value of the       Packet Pg. 1968 H-2 appraised property stated in the Appraisal Report. However, we have not performed any procedures since the date of value of the Appraisal Report to obtain knowledge of such events or occurrences nor are we obligated to do so in the future. 8. The Appraisal Report complies with the Appraisal Standards for Land-Secured Financings issued by the California Debt and Investment Advisory Commission dated July, 2004. The City and Hilltop Securities Inc., as underwriter, are entitled to rely on this Certificate. Dated: [Closing Date] KITTY SIINO &ASSOCIATES, INC. By:       Packet Pg. 1969 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Consider Extending Notification Period of Public Hearings (All Wards) – Council Member Reynoso       Packet Pg. 1970 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:May 3, 2023 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso       Packet Pg. 1971