Mello Roos Special Tax Administration Financial Consulting Services SPD126-SPDAD-6337~3.pdf

Rev. 9/2025 - Pro. Services

Request for Proposal No. SPD126-SPDAD-6377 Mello-Roos Special Tax Administration

Financial Consulting Services

San Bernardino County Department of Public Works – Special Districts

222 W. Hospitality Lane, 2nd FL San Bernardino, CA 92415-0450

March 23, 2026

Purchasing Department

Request for Proposal Mello-Roos Special Tax Administration

Financial Consulting Services

No. SPD126-

SPDAD-6377

I. INTRODUCTION

A. Purpose The San Bernardino County Department of Public Works – Special Districts (DPW–Special Districts) is issuing this Request for Proposals (RFP) and will administer the resulting contracts. DPW–Special Districts manages and provides administrative support for the County’s Board-governed special districts, including Community Facilities Districts (CFDs), Assessment Districts (ADs), and related financing districts, as well as providing administrative services to the Agua Mansa Industrial Growth Association (AMIGA), an independent board-governed special district.

DPW–Special Districts is seeking proposals from qualified firms to provide Mello-Roos Special Tax Administration and Financial Consulting Services for existing Community Facilities Districts and Assessment Districts, and to assist with the formation of new Community Facilities Districts and Improvement Areas, as well as bond issuance and refinancing.

Services will support districts administered by DPW–Special Districts, including, but not limited to:

• CFD No. 2002-1 and CFD No. 2002-2 (Kaiser Commerce Center)

• CFD No. 2003-1 (Citrus Plaza/Mountain Grove)

• CFD No. 2006-1 (Lytle Creek North), including Improvement Area Nos. 1–6 and Special Taxes for fire protection, open space and park maintenance, and flood and storm drain protection

• CFD No. 2025-1 (Commerce Center II)

• CFD No. 2002-1 (AMIGA)

• AD No. 2018-1 (Snowdrop Road)

As a result of this RFP, DPW–Special Districts intends to award two separate contracts. One contract will be awarded for services supporting the County’s Board-governed special districts, including Community Facilities Districts (CFDs), County Service Areas (CSAs), and Assessment Districts (ADs). A second, separate contract will be awarded for services supporting the Agua Mansa Industrial Growth Association (AMIGA), which is an independent board-governed special district administered by DPW– Special Districts. The final award determinations will be based on the quality, responsiveness, and overall value of the proposals received.

B. RFP Contact

All correspondence, including Proposals and questions (no bid questions), must be submitted to the person identified below (RFP Contact):

Department of Public Works – Special Districts Attn: Josue Palos Address 222 W. Hospitality Lane, 2nd FL San Bernardino, CA 92415-0450

(909) 386-8800 Phone

(909) 386-8839 Fax Josue.Palos@dpw.sbcounty.gov Email

Proposals will not be accepted by email or facsimile (not bid questions). Proposals must be submitted electronically through the County Electronic Procurement Network (ePro), or via (Paper) hard copy with

Request for Proposal Mello-Roos Special Tax Administration

Financial Consulting Services

No. SPD126-original signature submitted to the address indicated above. The completed and signed proposal must be received by the Deadline for Proposals specified in Section II – Proposal Timeline. All Proposers must register with the ePro system prior to the date and time to submit the proposal or they will be disqualified.

C. Reserved

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of 5 years beginning on July 1, 2026 and ending on June 30, 2031.

E. Reserved

F. Assistance to Proposers with a Disability Proposers with a disability may request accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the RFP Contact no later than ten (10) days prior to the Deadline for Proposals.

II. PROPOSAL TIMELINE

Release of RFP April 6, 2026 8:00 a.m.

Deadline for Submission of Questions April 14, 2026 5:00 p.m.

Deadline for Proposals April 21, 2026 5:00 p.m.

Date for Tentative Contract Award Week of May 4, 2026

Questions regarding the contents of this RFP must be submitted in writing in ePro on or before the Deadline for Submission of Questions. All questions will be answered and both the question and answer will be posted as an Addendum to the RFP in ePro.

III. DEFINITIONS

Capitalized terms used in this RFP shall have the meanings given to them in the RFP and as defined below:

Board: The San Bernardino County Board of Supervisors.

Contract: The Contract between the County and the Proposer resulting from the award issued pursuant to this RFP to the successful Proposer.

Consultant: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the County.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

Proposal: The offer to provide specific goods or services at specified prices and/or other conditions specified in the RFP.

Purchasing Agent: The Director of the County Purchasing Department.

Request For Proposal (RFP): The request for an offer from Proposers interested in providing the identified services sought to be procured by the County. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Request for Proposal Mello-Roos Special Tax Administration

Financial Consulting Services

No. SPD126-

Services: The requested professional services described in this RFP.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Consultant who is performing services on behalf of Consultant under the Contract or under a separate contract with or on behalf of Consultant.

IV. PROPOSAL CONDITIONS

A. Authorized Signatures

All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFP.

B. Term of Offer

Proposals shall remain open, valid and subject to acceptance anytime within nine (9) months after the Proposal submission.

C. Required Review Proposers should carefully review this RFP for defects and questionable or objectionable material.

Comments from Proposers concerning defects and objectionable material in this RFP must be made in writing and received by the RFP contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

This will allow issuance of any necessary amendments or addendums to the RFP. It will also help prevent the opening of a defective RFP and exposure of Proposals upon which an award could not be made.

Protests based on any omission or error, or on the content of this RFP, may be disallowed if not submitted in writing to the attention of the RFP Contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

D. Incurred Costs

The County is not obligated to pay any costs incurred by Proposer in the preparation of a Proposal in response to this RFP. Proposers agree that all costs incurred in developing a Proposal are the Proposer’s responsibility.

E. Amendments/Addendums to RFP The County reserves the right to issue amendments or addendums to this RFP if the County considers that changes are necessary or additional information is needed.

Changes to a Proposal or withdrawal of a Proposal will only be allowed if a request is received prior to the Deadline for Proposals. No amendments or withdrawals will be accepted after the Deadline for Proposals.

F. Best Value Evaluation As established in this RFP, the County realizes that criteria other than price are important and will award contract(s) based on the Proposal that best meets the needs of the County.

G. Right of Rejection Offers must comply with all of the terms of the RFP, and all applicable local, state, and federal laws, codes, and regulations. The County may reject as non-responsive any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Further, the County may reject a Proposal from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting a Proposal in response to this RFP.

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A Proposer may not qualify the Proposal nor restrict the rights of the County. If Proposer does so, the Proposal may be determined to be a non-responsive counter-offer and the Proposal may be rejected.

No Proposal shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the County to be immaterial or inconsequential, the County may choose to accept the Proposal.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFP;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the County may elect to waive the deficiency and accept the Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

This RFP does not commit the County to award a contract. The County reserves the right to reject any or all Proposals if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFP process at any time.

H. Local Preference

The San Bernardino County has adopted a Local Preference Policy. A local preference of five percent (5%) shall be applied in the cost evaluation of proposals or bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the awardable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful nonlocal vendor, the local vendor will be recommended for award.

“Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.”

Local Vendor - A local vendor is any vendor, contractor or consultant (hereafter “vendor”) that meets all of the following requirements:

1. Vendor’s main office (headquarters) or a major regional office is located within the County;

2. Vendor employs a minimum of 25% of the vendor’s full-time management employees and 25% of its full-time regular employees working from the San Bernardino County location(s);

3. Vendor employs one full-time or two part-time employees with primary residence in the County;

4. Vendor’s “point of sale” for purposes of reporting sales tax to the State Board of Equalization is within the boundaries of the County. The payment of any local share of sales tax must go to the County or a city within the County. If the local business has more than one sales office in the State of California, the office located in the County shall be the point of sale for sales tax calculation;

5. Vendor is not delinquent in any taxes or other payments to the County;

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6. Vendor possesses a valid and verifiable business license (if required);

7. Vendor has been open and established for at least six months prior to the issuance of the solicitation;

8. Vendor can demonstrate on-going business activity in the field of endeavor on which they are proposing from that office during the preceding six months;

9. Vendor has not within five years prior to the solicitation admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law or any law or regulation regarding fraud;

10. Vendor is not federally debarred; and

11. Vendor is not suspended or debarred from participation in doing business with the County, in the scope of work that is the subject of the solicitation.

12. Local Vendor Self-certification – Documentation provided

Local Vendor self-certification form is required for any bid or proposal when a local preference is claimed affirming that it meets each of the above stated criteria, and signed by a vendor representative with the authority to obligate the company under penalty of perjury. (See Attachment)

I. Clarification of Offers In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

J. Public Records Act All Proposals and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Government Code §7290.000). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process.

Thereafter, Proposals are subject to becoming a non-exempt public record.

If a Proposer believes that any portion of its Proposal is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment I - Public Records Act Exemptions. The Proposer also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded, but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Proposals so marked.

By submitting a Proposal with portions identified in Attachment I as “Confidential,” Proposer represents that it has a good faith belief that such portions are exempt from disclosure under the Public Records Act.

Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Proposer agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Proposal.

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K. Employment of Former County Officials Information must be provided in Attachment G regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. The information provided must include a list of former County Administrative Officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of Proposer and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

Failure to provide this information may result in the Proposal being deemed non-responsive.

L. Reserved

M. Disclosure of Criminal and Civil Proceedings The County reserves the right to request the information described herein from the Proposer selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Proposer. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Proposer may also be requested to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Proposer may be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Proposer may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

N. Debarment and Suspension; California Secretary of State Business Entity Registration Proposer certifies in Attachment D that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See Attachment D and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Proposer also certifies in Attachment D that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

https://www.sam.gov/

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Financial Consulting Services

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O. Unsatisfactory Performance

Proposer affirms that it has no record of unsatisfactory performance with the County in the twenty-four

(24) month period immediately preceding the date of issuance of this RFP.

P. Final Authority The final authority to award a contract(s) as a result of this RFP rests solely with the County Board of Supervisors, or as delegated by the Board of Supervisors.

Q. Reserved

R. Minimum Proposer Requirement Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits, and/or certifications in effect for the duration of the Agreement.

Contractor will notify County immediately of loss or suspension of any such licenses, permits, and/or certifications. Failure to maintain required licenses, permits, and/or certifications may result in immediate termination of this Agreement.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The County of San Bernardino, Special Districts Department, is responsible for the administration of the following Community Facilities Districts (CFD):

CFD 2002-1 (Agua Mansa Industrial Growth Association-AMIGA) CFD 2002-1 (Kaiser Commerce Center) CFD 2002-2 (Kaiser Commerce Center Fire) (levied for fire protection services only) CFD 2003-1 (Citrus Plaza) CFD 2006-1 (Lytle Creek North)

Special Tax Improvement Area No. 1 Special Tax Improvement Area No. 2 Special Tax Improvement Area No. 3 Special Tax Improvement Area No. 4 Special Tax Improvement Area No. 5 Special Tax Improvement Area No. 6 Special Tax A (levied for fire protection services only) Special Tax B (levied for services only)

CFD 2025-1 (Commerce Center II) AD 2018-1 (Snowdrop Road)

This request for proposal is for financial consulting services and assistance in the administration of the Mello-Roos special taxes for these CFD’s, special assessments for the AD, as well as any future newly created CFDs or AD’s. This does not include bond issuance or bond refinancing that is currently in progress. The current vendor will complete any bond issuance or bond refinancing that is currently in progress. The specific activities and tasks to be performed under this Scope of Work include the following for each CFD and AD.

B. PROJECT DESCRIPTION

Consultant shall provide financial consulting services and assistance as special tax administrator and financial advisor for CFD and AD administration and shall provide services necessary to ensure legal

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No. SPD126-compliance, fiscal integrity, transparency, and timely levy and collection of special taxes and assessments. Tasks for the performance of these services include, but are not limited to:

TASK 1 LAND USE RESEARCH:

This task involves determining, gathering and organizing the land use data required to apportion and collect special taxes, and includes the following subtasks:

1.1 Subdivision Research:

Identify and obtain copies of all final tract or parcel maps for each CFD.

Determine acreage for each parcel.

1.2 Development Research:

Research building permit and certificate of occupancy issuances for each fiscal year, as applicable. Identify building permit issuance date, certificate of occupancy issuance date, tract and lot for each new building. Review current Assessor's Parcel maps to determine which parcel numbers will be valid for each fiscal year.

1.3 Database Management:

Create an automated parcel database to include all parcels within each CFD. Data items will include Assessor's Parcel Number, corresponding tract and lot number, acreage, building square footage, and building permit issuance date and certificate of occupancy issuance date.

Task 2 Classification of Property:

This task involves application of the applicable Rate and Method of Apportionment to determine the appropriate special tax classification for each parcel located within each CFD, and includes the following subtasks:

2.1 Exempt Property:

Identify all property owned by public agencies or entities otherwise exempt from the special tax and classify as exempt property.

2.2 Taxable Property:

Identify all taxable properties and classify each as "Developed Property" or "Undeveloped Property." Assign each "Developed Property" to the appropriate special tax class.

Task 3 Financial Analysis:

This task involves calculating the Special Tax Requirement for each CFD and Special Assessment for the AD for each fiscal year and allocating it to property in each CFD/AD and includes the following subtasks:

3.1 Determine Special Tax Requirement:

Assist with the preparation of an administrative expense budget. Confirm interest and principal payments. Determine any other charges or credits to tax levy.

3.2 Special Tax Rates:

Based on tax classifications and special tax requirements, compute the special tax rates each fiscal year for all classifications of taxable property.

Task 4 Report Preparation:

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This task includes the preparation of an Annual Special Tax Report for each CFD containing the findings of the financial analysis and an explanation of the methodology employed to apportion the special taxes.

Included in the report shall be a list of special taxes by Assessor's Parcel Number which can be used as the exhibit to the resolution authorizing the levy and collection of special taxes for each fiscal year.

Task 5 Submittal of Special Taxes to San Bernardino County:

This task involves submitting the special tax levy on or before August 10, of each year, or such other date specified by San Bernardino County and the County of Riverside to each County Auditor-Controller for inclusion on the consolidated property tax bills for each fiscal year. The special tax levy will be submitted on magnetic tape or other media as specified by the County.

Task 6 Delinquent Property Owner Research:

This task involves the review and research of County records to determine which parcels are delinquent in the payment of property and special taxes, and includes the following subtasks:

6.1 Delinquent Special Tax Report:

Review special tax payment information from San Bernardino County and County of Riverside.

Determine which parcels are delinquent and the corresponding amount of delinquent special taxes. Prepare report summarizing the amount of delinquent special taxes.

6.2 Collection of Delinquent Special Taxes:

Assist with the development of procedures to cure delinquent special taxes. Assist with the preparation of demand letters as necessary.

Task 7 Roll Changes and Adjusted Property Tax Bills

This task involves monitoring any changes to the secured tax roll which necessitate new or adjusted property tax bills. This task includes the calculation of new or adjusted bills and the preparation of requests to the County to prepare such bills.

Task 8 Responses to Property Owner Questions

This task involves the provision of information to individuals and other interested parties regarding the amount and calculation of the special tax.

Task 9 Monthly Reviews of All Funds and Accounts

This task involves continuous monitoring of fiscal agent financial statements for all funds and accounts for each CFD to assure the fiscal agent is adhering to the "Bond Indenture." Prepare monthly report of financial activity for all funds showing account balances, interest earnings and other revenues, and expenditures.

Task 10 Meetings

Attend the meeting of the Agua Mansa Industrial Growth Association Executive Committee each fiscal year at which time the resolution authorizing the levy and collection of special taxes is scheduled for adoption for CFD 2002-1 (AMIGA). Attendance at other meetings as required.

Task 11 CFD Disclosure

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This task involves assisting with meeting the annual disclosure requirements of SB 1464, the 1992 Mello- Roos Amendment Bill, and includes the following subtasks:

11.1 Submit required data to the California Debt and Investment Advisory Commission each October in compliance with Section 53359.5 of the Government Code as stated in SB 1464 (Excluding CFD No. 2002-2 and CFD No. 2006-1 which are levied for services).

11.2 Provide special tax disclosure documents for resale properties pursuant to Section 1102.6b of the

Civil Code and Section 53340.2 of the Government Code as stated in SB 1464.

11.3 Assist in the preparation of material required by the Issuer Continuing Disclosure Certificate

(Excluding CFD No. 2002-2 and CFD No. 2006-1 which are levied for services).

11.4 Assist in the preparation of material in compliance with Section 53411 of the Government Code as stated in SB 165 (Excluding CFD No. 2002-2 and CFD No. 2006-1 which are levied for services).

11.5 Act as Dissemination Agent under the Issuer Continuing Disclosure Certificate and Landowner

Continuing Disclosure Certificate (Excluding CFD No. 2002-2 and CFD No. 2006-1 which are levied for services).

Task 12 Prepayment Calculations and Early Bond Redemptions

This task involves meeting the annual disclosure requirements of SB 1464, the 1992 Mello-Roos Amendment Bill, and includes the following subtasks:

12.1 Prepayment Calculation:

Upon Request, calculate the amount needed to prepay the annual special tax pursuant to the prepayment formula as set forth in the Rate and Method of Apportionment. The prepayment information provided will identify the amount due, the deadline for payment, and direction regarding where payment is to be remitted.

12.2 Coordination with Fiscal Agent:

After receipt of any prepayment, Consultant will, depending upon the terms of the bond indenture, review the revised debt service schedule prepared by the fiscal agent, or prepare the revised debt service schedule for the redemption of the bonds.

12.3 Coordination with County Auditor-Controllers:

After receipt of any prepayment amounts for parcels which include annual special taxes which were enrolled for collection on the secured tax roll, coordinate any necessary tax bill amendments with County and the County Auditor-Controllers’ Offices.

12.4 Notice of Cancellation of Special Tax:

After receipt of any prepayment amounts, prepare and record a notice of cancellation of special tax indicating the special tax has been paid.

Task 13 Assist with Formation of New Community Facilities District and of Improvement Areas in current Community Facilities Districts, Bond Issuance and Refinancing of Bonds

This task involves assisting County, as finance team member, with the formation of new community facilities districts and of improvement areas in current community facilities districts, bond issuance and refinancing of bonds. Tasks will include but will not be limited to:

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13.1 The computation of needed special taxes and special tax formulas

13.2 Preparation of boundary diagrams

13.3 Recordation of maps and documents

13.4 Presentation to the County Debt Advisory Committee and the County Board of Supervisors.

13.5 Drafting special tax formulas

13.6 Election Coordination (landowner vs registered voters)

13.7 Notice Preparation

13.8 Protest Analysis

13.9 Validation actions support

13.10 Boundary map preparation (Gov. Code § 3110)

13.11 Recording with County Recorder

13.12 CDIAC filings

Task 14 Statutory & Regulatory Compliance

Consultant shall ensure compliance with:

• Mello-Roos Community Facilities Act (Gov. Code § 53311 et seq.)

• Gov. Code §§ 53340–53359 (special tax levy & reporting)

• Gov. Code § 53359.5 (CDIAC reporting)

• Gov. Code § 53356.1 (foreclosure covenant compliance)

• Civil Code § 1102.6b (disclosure requirements)

• SEC Rule 15c2-12 (continuing disclosure)

• SB 1464 & SB 165 reporting requirements

• County policies and Auditor-Controller requirements

C. RESERVED

VI. PROPOSAL SUBMISSION

A. General

1. All interested and qualified Proposers are invited to submit a Proposal for consideration. Submission of a Proposal indicates that the Proposer has read and understands the entire RFP, including all

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2. Proposals must be received by the designated date and time. All proposers must register with the ePro system prior to the date and time to receive the proposal or they will be disqualified. Late or incomplete proposals will not be accepted. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060. For procurement questions involving ePro, please contact the RFP Contact identified in Section I, Paragraph B – RFP Contact.

3. The Proposer acknowledges that its electronic signature is legally binding. Submittals in ePro will be opened from the system’s encrypted lock box after the deadline and evaluated as stated in this RFP.

4. Paper responses may be submitted in lieu of electronic submission, by mail or in person to the RFP Contact and will be time/date stamped when received. Proposals can be withdrawn at any time prior to the scheduled Deadline for Proposals.

Hand carried Proposals may be delivered to the RFP Contact between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays observed by the County. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements, and for ensuring that the address information appears on the outer wrapper or envelope used by such service.

5. For proposals submitted through ePro, the Proposer shall not include Attachment E, “Fee Proposal Sheet(s)”, as part of the proposal submittal, but instead shall upload Attachment E as a separate attachment, clearly labeled. The proposal and Attachment E must be received (separately) on or before the Deadline for Proposals in the manner described in Section 1, Paragraph B. Failure to comply with this requirement shall disqualify the Proposer.

6. For proposals submitted via hard copy, the Proposer shall not include Attachment E, “Fee Proposal Sheet(s),” as part of Proposer’s initial proposal, but instead shall mail or submit in person Attachment E, in a separate sealed envelope, clearly labeled with the RFP Number and Title and the name of the Proposer clearly marked on the outside, to the address stated in Section 1, Paragraph B. The proposal and Attachment E must be received (in separate envelopes) on or before the Deadline for Proposals in the manner described in Section 1, Paragraph B. Failure to comply with this requirement shall disqualify the Proposer.

7. Proposals must be submitted in the format described below. Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP.

8. Proposals must be completed in all respects as required in this section. A Proposal may not be considered if it is conditional or incomplete.

B. Proposal Format Responses to this RFP must be in the form of a Proposal package, which must be submitted in the following format:

1. Presentation

Format the Proposal to fit on an 8-½ v 11 sheet of paper with margins of at least ¾ inches. Text should be single spaced and font size should be no smaller than 11 points. Each page, including attachments, must be clearly and consecutively numbered.

2. Cover Page

Request for Proposal Mello-Roos Special Tax Administration

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Use Attachment A as the cover page.

This form must be fully completed and signed by an authorized officer of the Proposer.

3. Table of Contents All pages of the Proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the Table of Contents.

4. Statement of Certification

Include the following on Attachment B:

a. A statement that the offer made in the Proposal is firm and binding for nine (9) months from the

Deadline for Proposals.

b. A statement that all aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer (competitor) for the purpose of restricting competition.

c. A statement that all declarations in the Proposal and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the County to pursue any remedy by law.

d. A statement that the Proposer agrees that all aspects of the RFP and the Proposal submitted shall be binding if the Proposal is selected and a Contract awarded.

e. A statement that the Proposer agrees to provide the County with any other information the County determines is necessary for an accurate determination of the Proposer’s ability to perform the Services as proposed.

f. A statement that the Proposer, if selected will comply with all applicable rules, laws and regulations.

g. A statement that the Proposer has reviewed the RFP and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions.

5. Statement of Experience and Qualifications

Include the following in this section of the Proposal:

a. Business name of the Proposer and type of legal entity such as corporation, partnership, etc. If

Proposer is a business entity that must be registered with the California Secretary of State, Proposer shall provide the County the entity number assigned to it by the Secretary of State.

b. Number of years the Proposer has been in business under the present business name, as well as related prior business names.

c. Statement that the Proposer does not have any commitments or potential commitments that may impact the Proposer’s ability to perform the Contract, if awarded.

6. Licenses, Permits, and/or Certifications

Provide copies of all licenses, permits and/or certifications in Attachment C as required under Section X. TERMS AND CONDITIONS Paragraph A, 21.

7. Reserved

8. Project Team Organization Chart

Provide an organization chart illustrating the project team and clearly show the organization of the team and the hierarchy of the members. It must include:

a. Organizational framework for the proposed project team.

b. Company name and staff name for each role identified in the chart.

c. Resumes of key personnel, including qualifications, education and project experience

Request for Proposal Mello-Roos Special Tax Administration

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9. Proposal Description The Proposal should include the following:

a. A brief synopsis of the Proposer’s understanding of the County’s needs and how the Proposer plans to meet them.

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

10. Work Plan and Schedule

Include the following:

a. Summary of management/work plan for this Project.

b. Project schedule

11. Certification Regarding Debarment or Suspension

Complete Attachment D.

12. Cost Complete proposed pricing on Attachment E and enclose it in a separately sealed and labeled envelope to be submitted as part of the Proposal.

13. References Provide three (3) references from other entities, preferably public agencies, of same or similar size as the County, with whom you have established a contract on a project of this nature. Provide Contact Name, Address, Phone Number, email, and dates Services were provided on Attachment F.

14. Former County Officials Complete Attachment G.

15. Exceptions to RFP There will be no exceptions to this RFP.

16. Public Records Act Exemptions Complete Attachment I – Public Records Act Exemptions if applicable.

17. Indemnification and Insurance Requirements Affidavit Submit evidence of ability to insure as stated in Section X, Paragraph B – Indemnification and Insurance Requirements. Proposer must complete and submit Attachment J – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Proposer’s insurance broker/agent.

18. Conflict of Interest Complete Attachment L – Conflict of Interest and Political Reform Act Obligations.

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

The evaluation process includes the following categories, and may include additional specific criteria.

Likewise, the listed considerations are possible considerations, and may not be the only factors involved in the evaluation.

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A. QUALIFICATIONS AND EXPERIENCE

Weight: 45% Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with similar services and entities

B. RESERVED

C. TECHNICAL REVIEW

Weight: 45% Considerations:

• Statement of understanding of the County’s needs

• Scheduling

• Technical specifications and functionality

• Adequacy of support staff and subcontractors

D. REFERENCES

Weight: 10% Considerations:

• Satisfactory performance of similar work

• Demonstrated knowledge and expertise

• Quality of interactions

• Capability of assigned team members

References are obtained or verified at the discretion of the County, and at any stage in the evaluation process.

E. RESERVED

The County may, at its sole discretion, create a shortlist of Proposals for further evaluation; require an oral interview, presentation, or demonstration; and utilize outside experts to assist in the evaluation process.

The County will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the qualifications evaluation. A Facilitator will manage the integrity of the qualifications evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with the evaluation panel members, wherein the Facilitator will distribute all relevant documents to the evaluators including the RFP, evaluation criteria, and evaluation instructions.

After the initial meeting, evaluators will independently review and score the Proposals. The evaluation panel will then convene again to discuss the individual scores to resolve questions and to discuss the basis for individual scores, but not for the evaluators to agree upon scoring. At the end of this discussion, each evaluator will be given an option to revise his/her scores.

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Evaluators will make independent determinations for scores, including review and understanding of any additional information obtained by the group discussion. In the event a score is revised, the evaluator will document the new score and provide comments to support the revision.

If clarifying information is needed at any point, the Facilitator will contact Proposer(s) to obtain the necessary information. The Facilitator will then provide the information to the evaluation panel electronically or verbally, as appropriate.

If the qualifications evaluation process includes components such as oral interviews, product demonstration, and/or site visits, the Facilitator will coordinate those with evaluators. Individual scoring and any subsequent evaluation panel meetings with respect to such components must be conducted.

Once all scorings are finalized and documented, the Facilitator will create a final qualifications evaluation scoring worksheet and rank the proposals first, second, third, etc.

Following the qualifications evaluation and ranking of the proposals, the Facilitator will open all fee proposals.

The ranking of the proposals will not be altered once the fee proposals have been opened. However, the fee proposals will be used during negotiations with the selected Proposer(s).

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

The County may require the potential Proposer(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation

After selection, negotiations may be conducted with the Proposer(s) of the highest-ranked Proposal(s).

Negotiations, if held, shall be within the scope of work in the request for Proposals.

If the contract negotiations take place in San Bernardino County, California, the Proposer will be responsible for its travel and per diem expenses of its personnel.

B. Failure to Negotiate

If the selected Proposer:

1. Fails to provide the information required to begin negotiations in a timely manner; or

2. Fails to negotiate in good faith; or

3. Indicates it cannot perform the Contract within the budgeted funds available for the services; or

4. If the Proposer and the County, after a good faith effort, simply cannot come to terms;

Then the County may terminate negotiations with the Proposer initially selected and commence negotiations with the next highest ranked Proposer.

C. Notice of Intent to Award (NOIA) – Proposer Notification of Selection

After the completion of Contract negotiations, a written or electronic Notice of Intent to Award (NOIA) and denial letters (or a copy of the NOIA) will be issued to all Proposers. The issuance date of the NOIA is the date the NOIA was delivered by email or into the care of the United States Postal Service for delivery to the Proposer.

D. Reserved

E. Award

A Contract will be awarded based on a competitive selection of Proposals received. The contents of the Proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a Contract may result in cancellation of the award.

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IX. APPEAL AND AWARD

In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Proposer may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. Violation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Pete Mendoza, Director

Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted:

(1) as a delay tactic; (2) for the purpose of posturing the Proposer advantageously for future procurement;

(3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the appeal, and notify the Proposer submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s discretion, an Appeal Panel consisting of five (5) members appointed by the Purchasing Agent shall hear the Protest. The Proposer will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Proposer does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

The hearing is informal, in that it is not subject to the strict rules of evidence or procedure, and live witnesses, if any, will not be sworn. All relevant evidence is admissible, including hearsay. It will be up to the Appeal Panel members to consider the credibility of the evidence and the weight to give it.

The Panel will determine by at least three (3) affirmative votes: 1) whether the Protest was submitted timely;

2) whether the Protest is based on at least one of the three designated grounds identified above; and 3) whether the grounds on which the Protest are based have been substantiated.

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFP process that it is unfair to the Proposer or whether the valid grounds for the Protest

Request for Proposal Mello-Roos Special Tax Administration

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No. SPD126-are in the nature of harmless error and that the RFP process was fair to the Proposer. The Panel will not re-evaluate the Proposals.

The Purchasing Agent shall…