Agenda packet — Mayor and City Council, June 1, 2022 (part 5 of 6)

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Adopt Ordinance MC-1580, Amending Ordinance MC-1522 and Levying Special Taxes - CFD 2019 -1
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance MC-1580 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 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 May 18, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance MC-1580. 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 provide infrastructure 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 19 Packet Pg. 1042
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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 MC-1580 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 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 MC-1580 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A - Description of Services
Attachment 3 Exhibit B - Description of Territory
Attachment 4 Project Location Map
Ward: 5
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 “MelloRoos 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 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.

August 7, 2019 Mayor and City Council conducted the final reading of Ordinance 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.

April 6, 2022 Mayor and City Council adopted Resolution No. 2022-70, 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.” May 18, 2022 Mayor and City Council adopted Resolution No. 2022-94 calling an 19 Packet Pg. 1043
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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. 16), and adopted Resolution No. 2022-95 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 16); and introduced Ordinance No. MC-1580 amending Ordinance MC-1522.
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Ordinance MC-1580
ORDINANCE NO. MC-1580

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 2022-2023 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 Mayor and 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 May 18, 2022, at the time and place specified in said published and mailed notice, the Mayor and 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 Mayor and City Council adopted resolutions entitled "Resolution of the Mayor and 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

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within the District on 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 Mayor and 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 2022-2023, 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 ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino

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Packet Pg. 1046 Attachment: Attachment 1 - Ordinance MC-1580 (Ordinance Levying Special Taxes) (8949 : Adopt Ordinance MC-1580, Amending Ordinance Ordinance MC
-1580
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Packet Pg. 1047 Attachment: Attachment 1 - Ordinance MC-1580 (Ordinance Levying Special Taxes) (8949 : Adopt Ordinance MC-1580, Amending Ordinance Ordinance MC-1580

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-1580, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No.

MC-1580 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 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 _____, 2022.

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 1048 Attachment: Attachment 1 - Ordinance MC-1580 (Ordinance Levying Special Taxes) (8949 : Adopt Ordinance MC-1580, Amending Ordinance

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.

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Packet Pg. 1049 Attachment: Attachment 2 - Exhibit A – Description of Services (8949 : Adopt Ordinance MC-1580, Amending Ordinance MC-1522 and Levying

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of May 18, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 To Be Determined
15 To Be Determined
16 RCH-CWI Belmont, LP 0261-712-01 thru -16

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Packet Pg. 1050 Attachment: Attachment 3 - Exhibit B – Description of Territory (8949 : Adopt Ordinance MC-1580, Amending Ordinance MC-1522 and Levying

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 17

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Attachment: Attachment 4 - Project Location Map (8949 : Adopt Ordinance MC-1580, Amending Ordinance

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1 Annexation No. 22 (Ward 7)
Recommendation
Adopt Resolution No. 2022-109 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 22) and authorizing the levy of special taxes therein.

Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.

Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City.

Development projects are subject to conditions of approval that require projects to form/annex into a maintenance district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing.
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The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; and

2. Maintenance of streets, including pavement management, and provide street sweeping; and

3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed development includes approximately 4.63 gross acres of a commercial lot. The property is located south of the 210 Freeway, north of E Highland Ave between N Golden Ave and Mountain Ave N. At build out this development will create 4.16 net taxable acres of commercial property as a new Tax Zone No. 23 within CFD No. 2019- 1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing.

The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 23), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $847 per acre for FY 2022/23.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the District.
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With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for July 20, 2022.
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 provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $3,518 to be used to pay for maintenance costs.

On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD.

All costs associated with annexation into the CFD have been borne by the Developer.

By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund.

Conclusion
Adopt Resolution No. 2022-109 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 22) and authorizing the levy of special taxes therein.

Attachments
Attachment 1 Resolution of Intention
Attachment 2 Description of Territory
Attachment 3 Description of Services
Attachment 4 Rate and Method of Apportionment
Attachment 5 Boundary Maps
Attachment 6 Petition
Attachment 7 Notice of Public Hearing
Attachment 8 Special Election Ballot
Attachment 9 Project Map
Attachment 10 Maintenance Exhibit
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Ward: 7
Synopsis of Previous Council Actions:

July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for
Community Facilities District No. 2019-1; and 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.

August 7, 2019 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.
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Resolution No. 2022-109
Resolution 2022-109

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RESOLUTION NO. 2022-109

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN

BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 22) AND AUTHORIZING

THE LEVY OF SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”.

SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map

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Resolution 2022-109

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entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 22, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.

SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory.

SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.

SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof.

SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, July 20, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1.

SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-

1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.

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Resolution 2022-109

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SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday July 20, 2022, to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.

SECTION 10. That 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 11. 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 12. 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 ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution 2022-109

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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. 2022-109, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 1059 Attachment: Attachment 1 - Resolution 2022-109 (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 22

EXHIBIT A

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. 22 is currently comprised of 5 parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0150-471-04 1300 E Highland Ave LLC
0150-471-05 1300 E Highland Ave LLC
0150-471-06 1300 E Highland Ave LLC
0150-471-07 1300 E Highland Ave LLC
0150-471-08 1300 E Highland Ave LLC

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Packet Pg. 1060 Attachment: Attachment 2 – Exhibit A - Description of Territory (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT B

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Packet Pg. 1061 Attachment: Attachment 3 – Exhibit B - Description of Services (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the coststo the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

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Packet Pg. 1062 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 etseq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.

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Packet Pg. 1063 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

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Packet Pg. 1064 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s

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Packet Pg. 1065 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 isidentified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of property shall be final.
b.   Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:

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Packet Pg. 1066 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c.   Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax B (Contingent)

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Packet Pg. 1067 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY
Tax
Zone  Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category.   The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel.   The Administrator's allocation to each type of property shall be final. b.   Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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Packet Pg. 1068 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

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Packet Pg. 1069 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposesset forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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Packet Pg. 1070 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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Packet Pg. 1071 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019‐1.

TAX ZONE 23
TR 4592
Item Description Estimated Cost
1 Lighting $200
2 Streets $2,288
3 Reserves $30
4 Admin $1,000
Total $3,518
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019‐1 Tax Zone 24.

TAX ZONE 23 (CONTINGENT SERVICES)
TR 4592
Item Description Estimated Cost
1 Drainage $287
2 Reserves $43
3 Admin $1,000
Total $1,330
TAX ZONE 23
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $847 $320
TAX ZONE 23
FY 2022‐23 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $847 $0

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Packet Pg. 1072 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)

TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP 17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson 18 To Be Determined
19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 To Be Determined
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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Packet Pg. 1073 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

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; and 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 the Rate and Method of Apportionment.

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, asthe 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.

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Packet Pg. 1074 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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Packet Pg. 1075 Attachment: Attachment 4 – Exhibit C - Rate and Method of Apportionment (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

MONTE
VISTA
D

HIGHLAND AVE R

ORCHID DR
0150-471-07
0150-471-08
0150-471-05
0150-471-06
0150-471-0
4 ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES)CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1
TAX ZONE 23
^_
·|þ}18
·|þ}210
§¨¦215
£¤66
£¤66
THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22. - THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________

DEPUTY RECORDER

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
23 LEGEND

CITY BOUNDARYPARCEL LINE

XXXX-XXX-XX ASSESSOR PARCEL NUMBER
23 TAX ZONE
EXHIBIT D 20.e
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Attachment: Attachment 5 – Exhibit D - Boundary Maps (8956 : Resolution Declaring Intent to Annex

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Attachment: Attachment 5 – Exhibit D - Boundary Maps (8956 : Resolution Declaring Intent to Annex

EXHIBIT E

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Packet Pg. 1078 Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

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Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 22 (Ward 7))

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Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 22 (Ward 7))

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Packet Pg. 1084 Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

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Packet Pg. 1086 Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

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Packet Pg. 1087 Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

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Packet Pg. 1088 Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 1300 E Highland Ave LLC
Charles Brown April 27, 2022
Authorized Signatory

20.f
Packet Pg. 1089 Attachment: Attachment 6 – Exhibit E - Signed Petition and Waiver (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT F

NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 22)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on June 1, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.

NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, July 20, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the July 20, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.

Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.

DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino
PUB: _______________, 2022

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Packet Pg. 1090 Attachment: Attachment 7 – Exhibit F - Notice of Public Hearing (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

EXHIBIT G

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 22
(July 20, 2022)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
1300 E Highland Ave LLC 4.63 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 6, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on July 20, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 20, 2022.

Very truly yours,
Genoveva Rocha, CMC, City Clerk

20.h
Packet Pg. 1091 Attachment: Attachment 8 – Exhibit G - Special Election Ballot (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
1300 E Highland Ave LLC
Attn: Charles Brown
19191 South Vermont Ave, Suite 680
Torrance, CA 90502
0150-471-04, 0150-471-05, 0150-471-06,
0150-471-07, 0150-471-08

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on June 1, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 22 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected?
YES _________

NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Charles Brown
Authorized Signatory

Signature
Print Name
Title

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Packet Pg. 1092 Attachment: Attachment 8 – Exhibit G - Special Election Ballot (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 23

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Attachment: Attachment 9 – Project Map (8956 : Resolution Declaring Intent to Annex Territory: CFD No.

S S S

EVSE / EV CAPABLEEVSE / EV CAPABLE

E HIGHLAND AVE
APN: 0150-471-4,05,06,07 - CFD AND POA MAINTENANCE SITE PLAN EXHIBIT NORTH

CFD MAINTENANCE AREA

SIDEWALK

EXTERIOR STREET

EXISTING TREE

PROPOSED STREET LIGHT
3586 SF = 0.08 AC
11298 SF = 0.26 AC
1 EA
2 EA
SHEET 1
OF 1

POA MAINTENANCE AREA

STREETSCAPE FRONTAGE

CURB-O-LET SIDEWALK DRAIN

STORM DRAIN PIPE
2759 SF = 0.06 AC
265 LF
50 LF

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Packet Pg. 1094 Attachment: Attachment 10 – Maintenance Exhibit (8956 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 22 (Ward 7))

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1. Authorize the City Manager to execute a Maintenance Services Agreement with Parkwood Landscape Maintenance, Inc., for landscape maintenance and grass turf overseeding at all City parks, greenways, and recreation corridors; and

2. Authorize the Director of Finance to appropriate funds in the amount of $3,425,946.12 to the Public Works Parks Maintenance General Fund; and issue a purchase order in an amount not to exceed $3,425,946.12 annually with four one-year extensions at the City’s option for Fiscal Year 2022/23.

Background
The Operations and Maintenance Division of the Public Works Department is responsible for landscape maintenance and grass turf overseeding at all City parks, greenbelts, recreation corridors and City-owned cemeteries thereby ensuring the safety of the public. The Division is also responsible for assessing/performing irrigation repairs, conducting playground inspections, installing new amenities, maintaining security lights, performing pest control, maintaining trees, replacing/repairing sidewalks, and removing any hazards and other related activities at these locations.

Discussion
The City of San Bernardino has nearly 500 acres of parks, greenways, recreation corridors, and cemeteries for which landscape maintenance is required. Historically, inhouse staff provided landscape maintenance, but contractual services replaced inhouse landscape maintenance activities and the remaining in-house staff was largely assigned inspection duties. With nearly 40 locations to maintain, simply inspecting all locations is a significant task that is nevertheless accomplished daily. Landscape contractors have typically performed a variety of tasks that primarily include mowing, litter collection, sweeping/blowing, minor irrigation inspection/repair along with other 21 Packet Pg. 1095
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activities such as tree trimming, plant/shrub care, raking, and pest control. During a review of current and past maintenance service agreements, staff noted that prior contracts did not adequately address all landscape and maintenance activities required at City parks. To that end, the requested services for this maintenance services project reflect significant enhancements of park maintenance tasks which had not been adequately addressed in the past. Additionally, frequency of maintenance work tasks at all locations were increased to reflect the increased usage of our parks (Attachment 2).

This increase in work task frequencies will ensure our parks are kept clean, beautiful, and free of hazards at all times. Also, key among these enhancements is the inclusion of grass turf overseeding which has not been included in recent years due to budgetary constraints.

To ensure that our City parks and greenways are properly maintained and kept beautiful in appearance, staff is requesting $3,425,946.12 for landscape maintenance and grass turf overseeding services under this maintenance services agreement with four oneyear options.

The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in March of 2022, a formal bid process was initiated to solicit proposals for landscape maintenance and overseeding at all City parks, greenways, and recreation corridors in Request for Proposal No. F-22-28 B. Notices were posted on the City’s website.

The results of the bid opening yielded five qualified vendors which were evaluated and scored by a selection committee. The committee completed its review on May 5, 2022, and recommended Parkwood Landscape Maintenance, Inc. as the winning vendor based on their submitted proposal and exemplary references performing similar services for the cities of Irvine and Long Beach, California. The results of the submitted proposals are provided below:

NAME OF BIDDER CITY AMOUNT
Parkwood Landscape
Maintenance, Inc.

Van Nuys, CA Landscape: $1,149,323
Overseeding: $2,276,623
Total: $3,425,946
Mariposa Landscapes, Inc. Irwindale, CA Landscape: $2,100,000 Overseeding: $2,119,598
Total: $4,219,598
Greentech Moreno Valley, CA Landscape: $1,356,000
Overseeding: $893,030
Total: $2,249,030
Inland Empire Landscape,
Inc.

San Bernardino, CA Landscape: $1,403,616
Overseeding: $219,747
Total: $1,623,363
RP Landscape and Irrigation San Bernardino, CA Landscape: $1,651,848 Overseeding: $153,224
Total: $1,805,072
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Staff is confident that Parkwood Landscape Maintenance, Inc is qualified to perform the required work for this maintenance service agreement and noted the extensive availability of equipment and staff in their proposal. Additionally, Parkwood was the most experienced and knowledgeable in overseeding processes and provided a reasonable price per acre for overseeding that reflects current market prices. The term of this Agreement shall be from July 1, 2022 to June 30, 2027. 2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target No.1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target No. 3c:

Evaluate and enhance the quality of public safety services. This landscape maintenance contract will ensure the City is clean, hazard-free, and attractive at all parks, greenways, recreation corridors, and City-owned cemeteries and will promote investment in the City.

Fiscal Impact
The General Fund impact of $3,425,946.12 is accounted for in the FY2022/23 budget.

This is an annual contract amount; General Fund costs of $3,425,946.12 will continue on an annual basis should the City decide to exercise the option of extending the contract.

Conclusion
It is recommended that the Mayor and City Council of the City of SanBernardino, California:

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Bid Documents-RFP No. F-22-28 B
Attachment 3 Parkwood Proposal
Attachment 4 Greentech Proposal
Attachment 5 Inland Empire Landscape, Inc. Proposal
Attachment 6 RP Landscape & Irrigation Proposal
Attachment 7 Mariposa Landscapes, Inc. Proposal
Attachment 8 Location Maps
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Ward: All
Synopsis of Previous Council Actions: None
21 Packet Pg. 1098
- 1 -

MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PARKWOOD LANDSCAPE MAINTENANCE, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this 1
st day of June, 2022 by and between the
City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Parkwood Landscape Maintenance, Inc., a CORPORATION with its principal place of business at 16443 Hart Street, Van Nuys, CA. 91406 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Landscape and Irrigation Systems Maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the City of San Bernardino Parks, Greenways, and Recreation Corridors Landscape Maintenance project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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Packet Pg. 1099 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape - 2 -

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates George Alabanez or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

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Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for

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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. MINIMUM; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM; per accident for bodily injury or disease; Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional

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insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor

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shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface

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improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

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not exceed Three million, four hundred twenty-five thousand, nine hundred forty-six dollars annually $3,425,946.12 annually. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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 Contractor 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). The requirement to submit certified payroll records directly to the Labor Commissioner

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under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Parkwood Landscape Maintenance, Inc.

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16443 Hart Street
Van Nuys, CA. 91406
Attn: George Albanez
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this

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Packet Pg. 1111 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape - 14 -
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

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Packet Pg. 1112 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape - 15 -

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 1113 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape - 16 -

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND PARKWOOD LANDSCAPE MAINTENANCE, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD
City Manager
ATTESTED BY:

GENOVEVA ROCHA
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

PARKWOOD LANDSCAPING
MAINTENANCE, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number

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Packet Pg. 1114 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 17 EXHIBIT A

SCOPE OF SERVICES AND COMPENSATION
The City of San Bernardino has more than 500 acres of parks, greenways and recreation corridors which require daily landscape maintenance. Each park has its own individual identity and maintenance requirements, that may vary from park to park. Whether maintaining grass turf, fence lines, baseball fields, plant beds, picnic canopies, playground equipment, water features, gazebos, just to list a few. The demands for each park are rigorous and require professional and robust maintenance from a vendor with the proper resources that includes trained staff, sufficient equipment, and a work order management system.

Materials. Industry standards are required for all materials used in the performance of landscape maintenance. The following table lists replacement materials should the need arise for replacement or repair. No all items are necessarily listed for some categories; however, every effort will be made to use high-grade, industry standard materials and parts.

Item Category Remarks
Pipes and fittings Irrigation High-grade, industry standard •Examples: 40 or 80 PVC pipe, approximately 2” for
irrigation lines and approximately 6” for water mains;
however, these sizes may vary.

Nozzles/emitters Irrigation High-grade, industry standard •Examples: Rain Bird Rotor Heads, Orbit Voyager, Toro
Sprinkler Head, Hunter PGP, ETC: however,
nozzles/emitters may vary, please try best to replace
like for like/kind for kind.

Backflow
fittings/valves
Irrigation Bronze fitting for replacement
Plants Landscape
• 1 gallon size of replacement plants that are nonestablished. • 5-gallon plants for mature, well-established plants
being replaced
Rock/Gravel Landscape Must match existing rock/gravel
Trash can liners Hardscape Must match existing liners (as closely as possible) and properly fit in the trash receptable. Contract
administrator will provide liners as requested.

Trash Bags Hardscape Must properly fit cans (if used)
Dog Station bags Amenities Must use standard doggie bag boxes but green, translucent bags are preferred. Example (8” x 11.4” size bags and 0.92 Millimeter in thickness)
Weed Killer Maintenance Cheetah-Pro is preferred, but industry standard weed killer (as legally sold in California is allowed.) Please review California Office of Environmental Health Hazard Assessment for updates in regards to updates in
regards to Weed Killers.
https://oehha.ca.gov/about/home

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Packet Pg. 1115 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 18 Ant Killer/Insecticide Maintenance Industry standard insecticide as legally sold in California may be used. Applicable applicator/operator pesticide
license required. Please review this website:
www.cdpr.ca.gov…to effectively use Insecticides in
California and for future updates.

Daily Reporting and Notification. The vendor is required to notify the contract administrator (via email) of each day’s starting work location. Any repairs to irrigation will also require notification and/or pre-authorization for any significant repairs that will require water shut-off. On a monthly basis, the vendor will provide a signed and dated work task/frequency sheet verifying all work performed at all locations. Bid Schedule A. City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency may be used as a template for the monthly work report so long as it is signed and dated confirming that the work was accomplished.

Hours of Operation. All work will be performed Sundays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator.

Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Special Projects. At times the landscaper may come across areas of maintenance that may require significant upgrades that are not within the normal scope of the landscape maintenance agreement. In such cases, the vendor will advise the contract administrator of the problem. A quick bid will be released for the desired upgrades and the awarded vendor can submit a quick bid quote for the upgrades.

Requests from The Public. The vendor is prohibited from taking direct requests from any residents, park patrons, City staff (not affiliated with the Parks Maintenance Work Section of the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement.

Locations and Areas of Maintenance. Please refer to the Locations and Areas of Maintenance document attached within this agreement for a full description and illustration of all areas requiring landscape and general maintenance.

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Packet Pg. 1116 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 19 The below-listed technical specifications are designed to elaborate many of the work tasks described in the Scope of Services. The city of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency Table) is included in this document. The table should be your primary document to ensure all work tasks are performed properly and at the correct frequency. It’s important to note that some items of special consideration (listed below) are not in the Work Task and Frequency Table but are nevertheless requirements of this services agreement.

1. Litter Collection from Grounds. This includes the collection of all litter from park grounds, grass turf, landscape beds, fence lines, parking lots, entrances, sidewalks, playgrounds. Litter shall include discarded items, such as leftover food, used clothing/shoes, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. This task will be performed daily by 9am. Please Note:

During wind or other weather events, palms fronds/debris, green waste, small limbs shall also be picked up, however, some flexibility will be afforded in regard to the daily deadline.

2. Litter Collection from Trash Receptacles. This includes collecting litter from trash can receptacles and ensuring the receptacle is left in working order and cleaned. Any vandalism to the receptacle should be reported to the Contract Manager (to include theft of liners). This task will be performed daily by 9am.

3. Mowing. Mowing will occur on all parks grounds with lawn (grass turf) regardless of the condition of the grass turf unless the Contract Manager makes an exception to forego mowing. Litter shall be collected from grass turf prior to mowing and must not be shredded with equipment. All care shall be taken to ensure sprinkler heads are not damaged by equipment. Grass clippings must not be left on-site (either as a pile or as mower trail clumps). Equipment tracks (on grass turf) will be repaired before leaving the site for the day. The following applies to mowing operations:
a. All turf areas shall be mowed once a week. Winter Schedule (November to February) shall be reduced to mowing once every two weeks. b. Some special events or sporting activities may require mowing on a specific day or at an expedited frequency.
c. All missed mowing due to inclement weather will be accomplished no later than 2 days after the inclement weather has subsided and/or the ground is no longer saturated.
d. Cutting heights will generally be established at 2 ¼ inches for St. Augustine grass turf, ¾ inch for Bermuda, 2 inches for Bluegrass and Fescue (Sept to May) and 3 inches for Bluegrass and Fescue (June to Sept).
e. All obstructions (hardscape elements such as picnic tables, etc.) shall be mowed as necessary to mow all portions of the grass turf.
f. All sidewalks, trails, roadways, curbs, and any other areas impacted by grass clippings shall be cleared of debris once mowing is complete for the day.

4. Edging. In conjunction with mowing, edging will occur on all fence lines, bleachers/seating, picnic tables/benches, buildings (to include storage facilities), sidewalks, parking lots, and any other areas where turf begins. The following applies to edging operations:
a. All grass turf will be neatly and uniformly edged with each mowing. b. Mechanical methods will be used except where not physically possible.

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Packet Pg. 1117 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 20 c. Chemical application is allowed in difficult to reach areas and shall be used on planters, around buildings, trees, trails, sports field equipment, fence lines.

Browned out turf will be removed manually if it does not deteriorate within two weeks of application.
d. Only chemicals legally allowed in the State of California are authorized. In the event State laws are updated, it is the responsibility of the vendor to comply with any new requirements.
i. Please review the following websites to see what chemicals are authorized by the state of California:

1. https://oehha.ca.gov/about/home

2. www.cdpr.ca.gov
e. Chemicals will only be applied by properly certified personnel and under the supervision of person(s) with a California pest/weed abatement control operator’s license. The vendor is required to maintain and provide proof of certification to the Contract Administrator. Failure to provide certification or allowing the certification to lapse may be considered as grounds for termination of the vendor services agreement.
f. Chemicals will be applied to a drift limit of six inches. All precautionary methods shall be employed in public access areas (to include posting of notifications prior to application).
g. Chemical edging shall be restricted to a 6-inch-wide strip around buildings, planters, trails, etc. A 12-inch-wide strip will be used around trees, fence lines, and sports field equipment. This task will be performed in conjunction with mowing and completed accordingly.

5. Sidewalk Sweeping/Blowing. All sidewalks will either be swept or blown (with power blowers) to remove dirt, grass clipping, minor debris, tree pods/seeds and/or any other items/residue from trees. This task will be performed daily by 9am.

6. Plant, Bush, Shrub Trimming. All plants, bushes, shrubs and/or related vegetation will be trimmed every 6 months for aesthetic reasons and to prevent any overgrowth which may become an obstacle. This will also include the complete removal of any dead leaves, branches/stems from the plants and the full removal of any dead plants.

7. Fertilization (plants, bushes). Fertilization of all plants, bushes, shrubs will occur once every 6 months to ensure plants are kept as vibrant and as blooming as possible; however, depending on soil condition, fertilization may be required more frequently. It is the vendor’s responsibility to ensure plants are properly fertilized to allow for growth and proper blooming.

8. Weed Abatement. While the use of chemical agents is allowed to mitigate weeds, every effort should be made to use non-toxic chemical agents (such as Cheetah-Pro or vinegar-based agents). Once weeds begin to die or brown-out, they shall be pulled from the ground with its root attached and must not be left standing. This task will occur weekly be Friday.

9. Playground Inspection/Sports Equipment and Minor Repairs. This inspection will primarily be focused on inspecting for any damages or hazards to the playground or sports equipment. Other inspectable items will include graffiti, slap stickers, standing water, protruding bolts, to list a few. All noted hazards/deficiencies must be reported to the Contract Manager daily by 9 a.m. AND resolved by the same day if minor in nature.

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Packet Pg. 1118 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 21 Power-washing is allowable to resolve any issues related to grime, feces, dirt on playground/sports equipment or in the surrounding area.

10. Irrigation Inspection and Repair. All Park irrigation shall be inspected to ensure everything is in proper working order at all times. This includes all controllers, remote controls, valves, gate valves, backflow devices, main/lateral lines, sprinkler heads/nozzles/emitters, moisture sensing devices, and any related equipment. Any leaks, breaks to irrigation lines and related components will be repaired by the vendor.

Examples of minor repairs are: Nozzle breaks, irrigation line breaks, main/lateral line breaks, sprinkler head breaks. This includes any water features (fountains, etc.) at parks and recreational splash-pads. All potential repairs need to be assessed by the project manager before vendor is authorized to begin repair work. Water shut-off to any park for repairs shall be pre-authorized by the Contract Manager prior to repairs occurring. Irrigation inspections will occur by 3 p.m. daily. Repairs will be complete within 24 hours of notification for simple line breaks and nozzle breaks on plant bed lines.

Leaks that require extensive excavation, needs to be assessed by the Contract Manager first. If work is more complex, the project may need to be stopped safely and secured and a licensed contractor may be required to complete the repairs. If the leaks fall within the tasks of this agreement, the repair must be completed no later than 48 hours. Saw cutting of sidewalks or excavation of grounds to repair leaks will be the responsibility of the vendor, if the saw cuts do not require a licensed contractor to complete the excavation. All replacement materials shall consist of original types (or industry standard materials performing the same function). The vendor must keep an adequate stock of materials on hand and will ensure defects of replacement parts are covered by warranty.

11. Backflow Inspection and Repair. All Park backflows shall be inspected to ensure they are in proper working order and not vandalized or shut off. Any instance of significant vandalism shall be reported to the Contract Manager prior to making any repairs.

Examples of significant vandalism would be missing backflow cage, removal of pipes. Water shut-off to any park for repairs shall be pre-authorized by the Contract Manager prior to repairs occurring. Backflow inspections will occur by 9am on a daily basis. Repairs will be complete within 24-48 hours of notification. Replacement parts will be of original type or upgraded to industry standards.

12. Landscape Bed Raking. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, tree droppings, animal feces, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. This task will occur every two weeks.

13. Pest Control. Pest control of any pests is required at all parks. This primarily includes ground squirrels but will also include any other pests and insects. Fire ants will also be treated on site. Treatment of all pests shall require the use of approved chemical agents and/or approved pest control methodologies in accordance with Federal, State, and Local environmental regulations. Please review
https://www.pestboard.ca.gov/pestlaw/pestact.pdf for the latest updates for approved pest control methods and approved chemicals. All treated areas shall be inspected for dying animals after treatment. Precautionary measures shall be taken when treating any areas near floodways, public access, eating areas, and agricultural production areas.

Any invasive insects affecting plants/shrubs will also be treated by the vendor. This task will occur every two weeks.

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Packet Pg. 1119 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 22 14. Mole Hill Flattening and Re-Filling. All mole hills resulting from pests (primarily ground squirrels) will be flattened and all associated holes will be filled with dirt. Although pestcontrol will ideally take care of the issues of mole hills, this task will nonetheless be required in the interim. This task is required daily.

15. Minor Tree Trimming. All minor trees in landscape beds or those creating obstacles to sidewalks, walkways, or entrances to buildings will be trimmed so as to remove any obstacles to pedestrians. A 6.5 ft standard shall be used when removing tree branch/limb obstacles. This task will occur monthly but may also occur upon request.

16. Lock/Gates Inspection. All locks and gates shall be inspected on daily basis by 9 a.m. and any minor vandalism repaired (and reported to the Contract Manager).

17. Overseeding. Overseeding will occur on an annual basis for all Parks or related areas that have grass. Seed blends (Rye-grass variations) shall be used as appropriate for the designated parks. The vendor is responsible for developing a preferred schedule for overseeding at parks so that proper notifications are given to park patrons about the park closure for overseeding and scalping. This schedule will be approved by the Contract Manager prior to work commencing (Please See Scalping and Overseeding Locations attached within this agreement).
a. Steps and Requirements for the Overseeding Process
i. Determine overseeding schedule for all parks and receive approval from contract manager no later than the Friday of the first week of October (or sooner).
ii. Post temporary signage advising park patrons of overseeding (at least two weeks prior) and additional signage advising patrons to avoid walking on grass turf.
iii. Perform removal of all debris/litter and other obstacles from grass turf before aeration and overseeding.
iv. Begin scalping process (de-thatching); grass will be cut to the lowest mower setting.
v. All clippings (and yard waste) will be removed from the work site and not left overnight.
vi. Overseed grass turf with a vertical over-seeder using aforementioned seed blends. Seed must not contain any noxious weeds (at least 98% weed free).
vii. Overseeding must occur when daytime temps range from 78 to 85 degrees and nighttime lows are 57 degrees or colder (Generally, between October and Mid-November)
viii. Irrigation will be increased as appropriate to ensure maximum growth. It will need to occur in small increments throughout the day. Contractor will ensure correct irrigation schedules are set and that over-watering does not occur.
ix. Contractor will be responsible for leaving the area in a clean condition when the entire overseeding project is complete. This includes keeping the area clean during scalping.

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Packet Pg. 1120 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 23 x. To the best extent possible, contractor will advise the Contract Manager if foot traffic is harming the overseeding process.
xi. It is highly recommended Contractor take before-and-after photos.

18. Picnic Bench/Table/Canopy Area Cleaning and Power washing. All benches, picnic tables, and related hardscape elements will be power washed to remove grime and any other elements (to include gum, charcoal stains, grease, slap stickers, food stains). BBQ grills shall be cleaned and cleared of debris and emptied of ashes. This task will occur weekly by Friday; however, inspections must occur daily to remove any hazards such as broken glass, feces, syringes, etc.

19. Plant Replacement. Any dead plants, whether a result of negligence or vandalism will be replaced by the vendor. Plant size will be 1 gallon for minor plant-bed plants, and a minimum of 5-gallon for larger, more-established plants. This task will be completed as needed.

20. Doggie Bag Replacement. At our dog parks, dog stations will be inspected/serviced, and bags replaced as needed. This will occur daily by 9am. The contractor is responsible for supplying bags. Environmentally friendly dog bags are preferred (green, translucent type).

21. Ballfield Fence Edging. In conjunction with mowing, fence edging will occur on all ballfield fence lines. While chemical edging may be used to expedite this task, any leftover browned-out grass will require removal if not deteriorated in a timely manner.

This task will be performed weekly by Friday.

22. Aerification. Aerification will occur in an effort to relieve compaction and to allow water, fertilizer, and oxygen to reach the roots of grass turf. The vendor will be allowed options as to what methodology they choose to use to perform this task. This task will occur once a year but no sooner than at least 6 months from the overseeding/scalping date.

23. Recreational Courts Power Washing (Tennis, Pickleball, Basketball). Proper power washing will be performed using non-abrasive methods that will not harm the courts.

Cleaning agents (such as Simple Green) that do not accelerate the deterioration of the courts are required. Power-washing must not occur at a high pressure. This task is required every two weeks (and as noted on courts signage); however, inspections must occur daily to remove any hazards such as broken glass, feces, syringes, etc.

24. Monument/Signs Power washing. Proper power washing of monuments and signs will be performed using non-abrasive methods that will not harm the signs or monuments. All efforts will be made to prevent any chipping of paints (if any) and alternative methods to clean the monuments are allowed. This task will occur once a month.

25. Watering. All grass turf areas shall be irrigated as required to maintain adequate growth and appearance in accordance with State of California Water Conservation regulations.

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Packet Pg. 1121 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 24 It is the responsibility of the vendor to comply with any State-mandated restrictions (such as drought restrictions) when they occur. The following applies to watering operations:
a. Irrigation shall be accomplished in accordance with the following time frames wherever possible:
i. Parks: 9:00 pm to 6:00 am
ii. Slopes/Landscaping: 8:00 pm to 6:00 am
iii. Medians & Parkways: 8:00 pm to 6:00 am
iv. Manual Irrigation: as needed
v. Point to Point Irrigation: 24 hours
b. Vendor is required to monitor watering requirements and adjust as needed depending on weather. The vendor is required to turn off scheduled irrigation when rain is forecasted and resume irrigation as appropriate. c. Vendor is responsible for ensuring over spraying of water does not occur. This includes overspray onto buildings, recreational courts, parking lots, and other non-turf areas.
d. Special watering may be requested for certain activities. In addition, during certain park or community events, the vendor may be asked to post-pone or stop watering by the Contract Administrator.

26. Other Considerations for Non-Traditional Maintenance. Some areas within parks or city property may not fall into the category of a traditional park nor consist of traditional park features. These areas may also require non-traditional park maintenance but are nevertheless expected to be maintained with the same standards applied to Parks. a. At all areas, animal feces or other materials detrimental to human health shall be removed daily.
b. HAZWOPER training for at least two employees. Specific information can be found at https://www.osha.com/california.html All broken glass and sharp object must be removed daily.
c. All outside sports equipment (exercise stations on trails, etc.) must be kept clean and inspected for vandalism and serviceability. Deficiencies will be reported to the Contract Administrator immediately.
d. All parking lots will be cleared of debris, broken glass, sharp objects daily. e. Sand courts will be maintained weed-free and clear of debris. All areas will be roto-tilled upon request to loosen up sand.
f. Malfunctioning security lighting (all types) shall be reported to the Contract Administrator.

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Packet Pg. 1122 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 25 COMPENSATION
Fee Proposal
Labor Rates Unit of Measure Rate
Account Manager Hourly $125.00
Landscape Maintenance Foreman Hourly $45.00
Certified Irrigation Technicians Hourly $65.00
Landscape Maintenance Laborers Hourly $36.00
Landscape Maintenance Mow Crew Members Hourly $36.00
Environmental Laborers Hourly $36.00
California Agricultural Pest Control Advisor Hourly $65.00 Certified CA Licensed QAI. Applicator Hourly $65.00
Seasonal Crew (as needed) Hourly $36.00
Equipment Rates Unit of Measure Rate
Ex Mark 72” Riding Mulching Mower Hourly $35.00
Ex Mark 60” Riding Mulching Mower Hourly $33.00
Toro 36” Walk behind Mower Hourly $30.00
Honda 21” Walk Behind Mower Hourly $25.00
TMC Line Trimmer Hourly $12.00
TMC Backpack Blower Hourly $10.00
TMC Extension Hedge Trimmer Hourly $14.00
Ryan Core Aerator Hourly $40.00
Echo 16” Chain Saw Hourly $15.00

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Packet Pg. 1123 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 26 COMPENSATION: PARKS, GREENWAYS AND RECREATION CORRIDORS LANDSCAPE

MAINTENANCE
Unit prices will include all landscape maintenance and related tasks (as noted in the Work Tasks and Frequency Table). Not all areas include turf and some work tasks do not apply to each location. It is important to cross-reference the Work Task Frequency Table when determining costs.

LOCATION

MONTHLY COST ANNUAL COST

AL GUHIN PARK
$ 3,027.51 $ 36,330.09

ANNE SHIRRELS PARK
$ 3,084.05 $ 37,008.58

BLAIR PARK
$ 3,932.16 $ 47,185.93

BOBBY VEGA PARK
$ 930.35 $ 11,164.25

BRYCE HAYNES PARK
$ 514.01 $ 6,168.10

CAMPO SANTO CEMETERY/PARK
$ 1,259.32 $ 15,111.84

COLONY PARK AND FIELD
$ 1,644.83 $ 19,737.91

DELMANN HEIGHTS PARK AND CC
$ 3,919.31 $ 47,031.73

ENCANTO PARK AND FIELD
$ 2,287.34 $ 27,448.03

FIFTH STREET SENIOR CENTER
$ 128.50 $ 1,542.02

FELDHYM LIBRARY
$ 1,285.02 $ 15,420.24

FRED SPELLACY PARK
$ 385.51 $ 4,626.07

GUADALUPE-SAL SAAVEDRA FIELD
$ 539.71 $ 6,476.50

GUTIERREZ FIELD
$ 508.87 $ 6,106.42

HAMPSHIRE GREENWAY/DOG PARK
$ 771.01 $ 9,252.14

HARRISON CANYON PARK
$ 1,542.02 $ 18,504.29

HORIN PARK
$ 1,156.52 $ 13,878.22

HUDSON PARK
$ 2,467.20 $ 29,606.86

JACK REILLY PARK
$ 64.25 $ 771.01

LA PLAZA PARK
$ 514.01 $ 6,168.10

21.a
Packet Pg. 1124 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 27 LOCATION

MONTHLY COST ANNUAL COST

LITTLEFIELD/SHULTIS PARK
$ 3,598.06 $ 43,176.72

LYTLE CREEK PARK AND COMMUNITY CENTER
$ 4,497.57 $ 53,970.84

MEADOWBROOK FIELDS
$ 1,274.74 $ 15,296.88

MEADOWBROOK PARK
$ 3,628.90 $ 43,546.76

NEWBERRY PARK
$ 393.22 $ 4,718.59

NEWMARK FIELD
$ 1,290.16 $ 15,481.92

NICHOLSON PARK (COMMUNITY CENTER CLOSED
$ 2,446.68 $ 29,360.14

NORTON GYM
$ 645.08 $ 7,740.96

NUNEZ PARK
$ 5,664.27 $ 67,972.42

PALM FIELD
$ 591.11 $ 7,093.31

PERRIS HILL PARK
$ 9,935.69 $ 119,228.28

PIONEER CEMETERY
$ 5,911.09 $ 70,933.10

RONALD REAGAN PARK
$ 1,028.02 $ 12,336.19

SECCOMBE LAKE PARK
$ 10,449.70 $ 125,396.40

SPEICHER PARK (PATTON SOUTH)
$ 6,168.10 $ 74,017.15

STERLING BEAUTIFICATION GREENWAY
$ 657.93 $ 7,895.16

TOM GOULD
$ 130.56 $ 1,566.70

TOM MINOR PARK
$ 1,285.02 $ 15,420.24

WILDWOOD PARK/DOG PARK
$ 6,219.50 $ 74,633.96
Totals
$95,777.00 $1,149,324.00
Annual Cost: $1,149,324.00

21.a
Packet Pg. 1125 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 28 ON-CALL RATE
Cost Per Hour for Call Out Minimum Hour (call out)
$125.00 1 Hour

21.a
Packet Pg. 1126 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 29 COMPENSATION: SCALPING AND OVERSEEDING
Unit prices will include full cost of overseeding (materials/seed/labor/equipment). Site visits are highly recommended to observe current condition of turf. *Location acreage subject to change but cost per acre will be honored.

LOCATION ACREAGE Per Acre Cost ANNUALLY
AL GUHIN PARK 28 $ 4,791.60 $ 134,164.80
ANNE SHIRRELS PARK 12 $ 4,791.60 $ 57,499.20
BLAIR PARK 34 $ 4,791.60 $ 162,914.40
BOBBY VEGA PARK 3.62 $ 4,791.60 $ 17,345.59
BRYCE HAYNES PARK 1.5 $ 4,791.60 $ 7,187.40
CAMPO SANTO CEMETERY/PARK 5.5 $ 4,791.60 $ 26,353.80
COLONY PARK AND FIELD 6.4 $ 4,791.60 $ 30,666.24
DELMANN HEIGHTS PARK AND CC 19.7 $ 4,791.60 $ 94,394.52 ENCANTO PARK AND FIELD 8.9 $ 4,791.60 $ 42,645.24
FIFTH STREET SENIOR CENTER 0.5 $ 4,791.60 $ 2,395.80
FELDHYM LIBRARY 5 $ 4,791.60 $ 23,958.00
FRED SPELLACY PARK 1.5 $ 4,791.60 $ 7,187.40
GUADALUPE-SAL SAAVEDRA FIELD 2.25 $ 4,791.60 $ 10,781.10 GUTIERREZ FIELD 1.98 $ 4,791.60 $ 9,487.36
HARRISON CANYON PARK 6 $ 4,791.60 $ 28,749.60
HORIN PARK 5.67 $ 4,791.60 $ 27,168.37
HUDSON PARK 10.1 $ 4,791.60 $ 48,395.16
JACK REILLY PARK 0.25 $ 4,791.60 $ 1,197.90
LA PLAZA PARK 2.04 $ 4,791.60 $ 9,774.86
LITTLEFIELD/SHULTIS PARK 15 $ 4,791.60 $ 71,874.00
LYTLE CREEK PARK AND COMMUNITY CENTER 17.9 $ 4,791.60 $ 85,769.64

21.a
Packet Pg. 1127 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 30 LOCATION ACREAGE Per Acre Cost ANNUALLY
MEADOWBROOK FIELDS 4.96 $ 4,791.60 $ 23,766.33
MEADOWBROOK PARK 14.12 $ 4,791.60 $ 67,657.39
NEWBERRY PARK 1.53 $ 4,791.60 $ 7,331.14
NEWMARK FIELD 5.02 $ 4,791.60 $ 24,053.83
NICHOLSON PARK (COMMUNITY CENTER CLOSED 9.52 $ 4,791.60 $ 45,616.03 NORTON GYM 3.72 $ 4,791.60 $ 17,824.75
NUNEZ PARK 22.04 $ 4,791.60 $ 105,606.86
PALM FIELD 22.3 $ 4,791.60 $ 106,852.68
PERRIS HILL PARK 64.4 $ 4,791.60 $ 308,579.04
PERRIS HILL SENIOR CENTER 1 $ 4,791.60 $ 4,791.60
PIONEER CEMETERY 26 $ 4,791.60 $ 124,581.60
RONALD REAGAN PARK 4 $ 4,791.60 $ 19,166.40
SECCOMBE LAKE PARK 44 $ 4,791.60 $ 210,830.40
SPEICHER PARK (PATTON SOUTH) 28 $ 4,791.60 $ 134,164.80 STERLING BEAUTIFICATION GREENWAY 7 $ 4,791.60 $ 33,541.20 TOM GOULD 0.508 $ 4,791.60 $ 2,434.13
TOM MINOR PARK 5 $ 4,791.60 $ 23,958.00
WILDWOOD PARK/DOG PARK 24.2 $ 4,791.60 $ 115,956.72
TOTALS 555 $4,791.60 $2,659.338.00
Total Annual Cost for all Services: $3,425,946.12

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Packet Pg. 1128 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 31 EXHIBIT B
SCHEDULE OF SERVICES and KEY PERFORMANCE INDICATORS

21.a
Packet Pg. 1129 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape 32 Schedule for City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 aerification J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs power washing L every 3 months X Work Task Codes (see legends below for task and
frequency)
(Example: 1A = litter collection from turf
daily by 9am)
Park Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

1. AL GUHIN PARK A A B B A H H B A I A E E A F A G B K A B H E F

2. ANNE SHIRRELS PARK A A B B A H H B A I A E E A F A G B K B H E F

3. BLAIR PARK A A B B A H H B A I A E E A F A G B K B H E F

4. BOBBY VEGA PARK A A B B A H H B A I A E E A F A G B K H E F

5. BRYCE HAYNES PARK A A B B A H H B A I A E E A F A G B K H F

6. CAMPO SANTO CEMETERY/PARK A A B B A H H B A I A E E A F A G B K H E F

7. COLONY PARK AND FIELD A A B B A H H B A I A E E A F A G B K B H E F

8. DELMANN HEIGHTS PARK AND
CENTER

A A B B A H H B A I A E E A F A G B K H F

9. ENCANTO PARK AND FIELD A A B B A H H B A I A E E A F A G B K B H E F

10. FIFTH STREET SENIOR CENTER A A B B A H H B A I A E E A F A G B K H E F

11. FELDHYM LIBRARY A A B B A H H B A I A E E A F A G B K H E F

12. FRED SPELLACY PARK A A B B A H H B A I A E E A F A G B K H E F

13. GUADALUPE-SAL SAAVEDRA FIELD A A B B A H H B A I A E E A F A G B K B H E F

14. GUTIERREZ FIELD A A B B A H H B A I A E E A F A G B K B H E F

15. HAMPSHIRE GREENWAY/DOG PARK A A B B A H H B A I A E E A F A G B K A H E F

16. HARRISON CANYON PARK A A B B A H H B A I A E E A F A G B K H E F

17. HORINE PARK A A B B A H H B A I A E E A F A G B K H E F

21.a
Packet Pg. 1130 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 :
33 Schedule for City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 aerification J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs washing L every 3 months X

Work Task Codes (see legends below for task and
frequency)
(Example: 1A = litter collection from turf daily by 9am) Park Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

18. HUDSON PARK A A B B A H H B A I A E E A F A G B K H E F

19. JACK REILY PARK A A B B A H H B A I A E E A F A G B K H E F

20. LA PLAZA PARK A A B B A H H B A I A E E A F A G B K H E F

21. LITTLEFIELD/SHULTIS PARK A A B B A H H B A I A E E A F A G B K H E F

22. LYTLE CREEK PARK/COMMUNITY
CENTER

A A B B A H H B A I A E E A F A G B K B H E F

23. MEADOWBROOK FIELDS A A B B A H H B A I A E E A F A G B K B H E F

24. MEADOWBROOK PARK A A B B A H H B A I A E E A F A G B K H E F

25. NEWBERRY PARK A A B B A H H B A I A E E A F A G B K H E F

26. NICHOLSON PARK (COMMUNITY CENTER

CLOSED)

A A B B A H H B A I A E E A F A G B K B H E F

27. NORTON GYM A A B B A H H B A I A E E A F A G B K H E F

28. NUNEZ PARK/POOL A A B B A H H B A I A E E A F A G B K B H E F

29. PALM FIELD A A B B A H H B A I A E E A F A G B K B H E F

30. PERRIS HILL PARK A A B B A H H B A I A E E A F A G B K B H E F

31. PIONEER CEMETERY A A B B A H H B A I A E E A F A G B K H E F

21.a
Packet Pg. 1131 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 :
34 Schedule for City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M 2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N 3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 overseeding E every two weeks Q 6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th) R 7 fertilization (plants, bushes) 19 plant replacement G annually S 8 weed abatement 20 doggie bag replacement H every 6 months T 9 playground inspection 21 ballfield fence edging I daily by 3pm U 10 irrigation inspection/repair 22 aerification J daily by 12 noon V 11 backflow inspection 23 courts power washing (tennis, etc.) K as needed W 12 landscape bed raking 24 monument/signs washing L every 3 months X Work Task Codes (see legends below for task and
frequency)
(Example: 1A = litter collection from turf daily by 9am) Park Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

32. RONALD REAGAN PARK A A B B A H H B A I A E E A F A G B K H E F

33. SECCOMBE LAKE PARK A A B B A H H B A I A E E A F A G B K B H E F

34. SPEICHER PARK (PATTON SOUTH) A A B B A H H B A I A E E A F A G B K B H E F

35. STERLING BEAUTIFICATION

GREENWAY

A A B B A H H B A I A E E A F A G B K H E F

36. TOM GOULD PARK A A B B A H H B A I A E E A F A G B K H E F

37. TOM MINOR PARK A A B B A H H B A I A E E A F A G B K H E F

38. WILDWOOD PARK/DOG PARK A A B B A H H B A I A E E A F A G B K A B H E F

39. 40.

41. 42.

43. 44.

45. 46.

47. 21.a
Packet Pg. 1132 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 :
35 21.a
Packet Pg. 1133 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 :
-36-

KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS

1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City’s Public Works Department and will be reviewed on a quarterly basis. • Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:
• Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure • Consultant will attend quarterly meetings scheduled by the City’s Public Works Department and present and discuss performance measures • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.

21.a
Packet Pg. 1134 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape -37-

EXHIBIT C
BOND
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under

21.a
Packet Pg. 1135 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape -38-
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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Packet Pg. 1136 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape -39-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

21.a
Packet Pg. 1137 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape -40-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

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Packet Pg. 1138 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape -41-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

21.a
Packet Pg. 1139 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of

21.a
Packet Pg. 1140 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

21.a
Packet Pg. 1141 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

21.a
Packet Pg. 1142 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

21.a
Packet Pg. 1143 Attachment: Attachment 1 - Parkwood Landscape Maintenance Agreement FINAL [Revision 1] (8981 : Agreement with Parkwood Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 1 of 57 ends

REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR

PARKS, GREENWAYS AND RECREATION

CORRIDORS LANDSCAPE MAINTENANCE

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-5086
https://www.ci.san-bernardino.ca.us/

21.b
Packet Pg. 1144 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 2 of 57 ends

CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. F-22-28-B

PARKS, GREENWAYS AND RECREATION CORRIDORS LANDSCAPE MAINTENANCE PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) via Planetbids.com until 3:00pm, Tuesday, April 12, 2022. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The city is requesting proposals to provide:

PARKS, GREENWAYS AND RECREATIONCORRIDORS LANDSCAPE MAINTENANCE The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted, nor any contract entered without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder, and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, https://www.ci.san-bernardino.ca.us/. Firms that anticipate submitting a proposal are required to send an email to the project manager acknowledging receipt of the RFP so that the City can add the firm to its notification list. Please include the contact person, the name of the firm, address, phone number, and e-mail address. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

21.b
Packet Pg. 1145 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 3 of 57 ends

City of San Bernardino Purchasing Department
Precious Carter, Purchasing Division Manager, 909-384-5086, email:

[email protected]

21.b
Packet Pg. 1146 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 4 of 57 ends

CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS
I. PARKS, GREENWAYS AND RECREATIONCORRIDORS LANDSCAPE

MAINTENANCE BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1(“Proposers”) for PARKS, GREENWAYS AND
RECREATIONCORRIDORS LANDSCAPE MAINTENANCE services
(“Services”).

The city is soliciting Contractor Services for Landscaping. The City of San Bernardino requires Landscapers to include all the necessary services to ensure that our landscaping is healthy and well maintained. This will assist the City in increasing functionality, appearance, and appeal.

To serve and promote the welfare of its residents, the city intends to procure the Services, as described below.

II. PARKS, GREENWAYS AND RECREATIONCORRIDORS LANDSCAPE

MAINTENANCE REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Maintenance Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “D” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request.

The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which 1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

21.b
Packet Pg. 1147 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 5 of 57 ends

include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Precious Carter, Purchasing Division Manager, 909-384-5086), ([email protected]) or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via Planetbids.com. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing.

To ensure a response, questions must be received in writing by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information, and responses to questions prior to submitting a proposal.

D. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic pdf version that is to be uploaded to Planetbids.com. Proposals shall be organized, tabbed, and numbered in the order presented below. Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 2 pages) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

21.b
Packet Pg. 1148 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 6 of 57 ends

3. Identification of Proposer: (limit: 1 pages)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address, and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 4 pages- not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or

21.b
Packet Pg. 1149 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 7 of 57 ends

(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 4 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing

21.b
Packet Pg. 1150 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 8 of 57 ends

(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration, or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

21.b
Packet Pg. 1151 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 9 of 57 ends

7. Proposed Method to Accomplish the Work: (limit: 4 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In addition, please provide the following information:
a. Please submit a comprehensive, Landscaping Service program with related services. Please include a range of tasks and services provided on a routine and regular schedule. Clearly describe the work and methodology and specifically identify items that are not included.
b. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the comprehensive services program, its proposed method to
accomplish the work and any alternative approaches or task that may reduce costs to the city and/or enhance the over quality of the work product.
c. Please submit a summary of specific tasks to be performed by the staff each month and please note any maintenance that will be performed at other intervals such as semi-annual and annual.

8. Fee Proposal: (limit: 4 pages) Please provide a Landscape Maintenance Rates, On-Call Rate and Scalping and Overseeding rates. The fee proposal shall include Hourly rates for all personnel and “Additional Work” Rates (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”).

9. Insurance: (limit: 3 pages) - not including supporting documentation) See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

The Awarded vendor will have to provide a Certificate of Insurance, along with Endorsements and Waiver of Subrogation.

10. Litigation: (limit: 3 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the city. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

21.b
Packet Pg. 1152 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 10 of 57 ends

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices: (limit: 3 pages)
E. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

F. Selection Process

1. The city will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references.

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with

21.b
Packet Pg. 1153 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 11 of 57 ends

the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

G. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy, or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

H. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal March 15, 2022
Last Day to Submit Questions for Clarification
received by the city on or before 3:00 pm
March 29, 2022
Clarifications Issued by City on or before 3:00 pm April 4, 2022

21.b
Packet Pg. 1154 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 12 of 57 ends

ACTION DATE
Deadline for Receipt of Proposals
submitted on or before 3:00 pm
April 12, 2022
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

I. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

21.b
Packet Pg. 1155 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 13 of 57 ends

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

Submittal Instructions The proposal must be uploaded to planetbids.com no later than 3:00 pm local time, on or before April 12, 2022.

The City shall not be responsible for proposals that are submitted late or not submitted electronically via planetbids.com, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

J. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum, or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

3. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

21.b
Packet Pg. 1156 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 14 of 57 ends

4. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The city will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete, and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: March 15, 2022

21.b
Packet Pg. 1157 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 15 of 57 ends

EXHIBIT A
SCOPE OF SERVICES for PARKS, GREENWAYS AND RECREATION CORRIDORS The City of San Bernardino has more than 500 acres of parks, greenways and recreation corridors which require daily landscape maintenance. Each park has its own individual identity and maintenance requirements, that may vary from park to park. Whether maintaining grass turf, fence lines, baseball fields, plant beds, picnic canopies, playground equipment, water features, gazebos, just to list a few. The demands for each park are rigorous and require professional and robust maintenance from a vendor with the proper resources that includes trained staff, sufficient equipment, and a work order management system.

Terms. For purposes of this scope of services and any related documents, the following terms are defined:
• Contract Manager - The contract manager is defined as the City representative responsible for administering the contract and ensuring the vendor services agreement is appropriately followed. This designation is assigned to the Parks Maintenance Supervisor of the Operations and Maintenance Division of Public Works. The Operations and Maintenance Division Manager is assigned as the alternate contract manager. • Vendor - This refers to the landscape maintenance contractor and any of his or her assigned representatives.
• Area of Maintenance – All areas annotated within Attachment 1. The areas of maintenance have dashed red lines that define an area of maintenance. These red lined areas require maintenance that is described with the Exhibit A of this RFP. Please see Attachment 1 to this RFP
Materials. Industry standards are required for all materials used in the performance of landscape maintenance. The following table lists replacement materials should the need arise for replacement or repair. No all items are necessarily listed for some categories; however, every effort will be made to use high-grade, industry standard materials and parts.

Item Category Remarks
Pipes and fittings Irrigation High-grade, industry standard •Examples: 40 or 80 PVC pipe, approximately 2”
for irrigation lines and approximately 6” for water
mains; however, these sizes may vary.

Nozzles/emitters Irrigation High-grade, industry standard •Examples: Rain Bird Rotor Heads, Orbit
Voyager, Toro Sprinkler Head, Hunter PGP,
ETC: however, nozzles/emitters may vary,
please try best to replace like for like/kind for
kind.

21.b
Packet Pg. 1158 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 16 of 57 ends

Backflow
fittings/valves
Irrigation Bronze fitting for replacement
Plants Landscape • 1 gallon size of replacement plants that are nonestablished. • 5-gallon plants for mature, well-established
plants being replaced
Rock/Gravel Landscape Must match existing rock/gravel
Trash can liners Hardscape Must match existing liners (as closely as possible) and properly fit in the trash receptable. Contract
administrator will provide liners as requested.

Trash Bags Hardscape Must properly fit cans (if used)
Dog Station bags Amenities Must use standard doggie bag boxes but green, translucent bags are preferred. Example (8” x

11.4” size bags and 0.92 Millimeter in thickness)
Weed Killer Maintenance Cheetah-Pro is preferred, but industry standard weed killer (as legally sold in California is
allowed.) Please review California Office of
Environmental Health Hazard Assessment for
updates in regards to updates in regards to Weed
Killers. https://oehha.ca.gov/about/home
Ant Killer/Insecticide Maintenance Industry standard insecticide as legally sold in California may be used. Applicable
applicator/operator pesticide license required.

Please review this website: www.cdpr.ca.gov...to
effectively use Insecticides in California and for
future updates.

Daily Reporting and Notification. The vendor will be required to notify the contract administrator (via email) of each day’s starting work location. Any repairs to irrigation will also require notification and/or pre-authorization for any significant repairs that will require water shut-off. On a monthly basis, the vendor will provide a signed and dated work task/frequency sheet verifying all work performed at all locations. Bid Schedule A. City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency may be used as a template for the monthly work report so long as it is signed and dated confirming that the work was accomplished.

Hours of Operation. All work will be performed Sundays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator.

21.b
Packet Pg. 1159 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 17 of 57 ends

Locations and Areas of Maintenance. Please refer to Attachment 1, Locations and Areas of Maintenance for a full description and illustration of all areas requiring landscape and general maintenance.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

21.b
Packet Pg. 1160 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 18 of 57 ends

Technical Specifications
Parks, Greenways, and Recreation Corridors
Landscape Maintenance
The below-listed technical specifications are designed to elaborate many of the work tasks described in the Bid Schedule A. City of San Bernardino, Parks, Greenways, and Recreation Corridors Landscape Maintenance Work Tasks and Frequency Table (Exhibit A) included in this document. The table should be your primary document to ensure all work tasks are performed properly and at the correct frequency. It’s important to note that some items of special consideration (listed below) are not in the Work Task and Frequency Table but are nevertheless requirements of this services agreement.

During wind or other weather events, palms fronds/debris, green waste, small limbs shall also be picked up, however, some flexibility will be afforded in regards to the daily deadline.

3. Mowing. Mowing will occur on all parks grounds with lawn (grass turf) regardless of the condition of the grass turf unless the Contract Manager makes an exception to forego mowing. Litter shall be collected from grass turf prior to mowing and must not be shredded with equipment. All care shall be taken to ensure sprinkler heads are not damaged by equipment. Grass clippings must not be left on-site (either as a pile or as mower trail clumps). Equipment tracks (on grass turf) will be repaired before leaving the site for the day. The following applies to mowing operations:
a. All turf areas shall be mowed once a week. Winter Schedule (November to February) shall be reduced to mowing once every two weeks. b. Some special events or sporting activities may requires mowing on a specific day or at an expedited frequency.
c. All missed mowing due to inclement weather will be accomplished no later than 2 days after the inclement weather has subsided and/or the ground is no longer saturated.
d. Cutting heights will generally be established at 2 ¼ inches for St. Augustine grass turf, ¾ inch for Bermuda, 2 inches for Bluegrass and Fescue (Sept to May) and 3 inches for Bluegrass and Fescue (June to Sept).
e. All obstructions (hardscape elements such as picnic tables, etc.) shall be mowed as necessary to mow all portions of the grass turf.
f. All sidewalks, trails, roadways, curbs, and any other areas impacted by grass clippings shall be cleared of debris once mowing is complete for the day.

21.b
Packet Pg. 1161 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 19 of 57 ends

1. https://oehha.ca.gov/about/home

21.b
Packet Pg. 1162 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 20 of 57 ends

Power-washing is allowable to resolve any issues related to grime, feces, dirt on playground/sports equipment or in the surrounding area.

Examples of significant vandalism would be missing backflow cage, removal of pipes.

Water shut-off to any park for repairs shall be pre-authorized by the Contract Manager prior to repairs occurring. Backflow inspections will occur by 9am on a daily basis.

Repairs will be complete within 24-48 hours of notification. Replacement parts will be of original type or upgraded to industry standards.

21.b
Packet Pg. 1163 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 21 of 57 ends

pest control methods and approved chemicals. All treated areas shall be inspected for dying animals after treatment. Precautionary measures shall be taken when treating any areas near floodways, public access, eating areas, and agricultural production areas.

Any invasive insects affecting plants/shrubs will also be treated by the vendor. This task will occur every two weeks.

14. Mole Hill Flattening and Re-Filling. All mole hills resulting from pests (primarily ground squirrels) will be flattened and all associated holes will be filled with dirt. Although pestcontrol will ideally take care of the issues of mole hills, this task will nonetheless be required in the interim. This task is required daily.

16. Lock/Gates Inspection. All locks and gates shall be inspected on daily basis by 9 a.m. and any minor vandalism repaired (and reported to the Contract Manager).

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

21.b
Packet Pg. 1164 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 22 of 57 ends

ii. Post temporary signage advising park patrons of overseeding (at least two weeks prior) and additional signage advising patrons to avoid walking on grass turf.
iii. Perform removal of all debris/litter and other obstacles from grass turf before aeration and overseeding.
iv. Begin scalping process (de-thatching); grass will be cut to the lowest mower setting.
v. All clippings (and yard waste) will be removed from the work site and not left overnight.
vi. Overseed grass turf with a vertical over-seeder using aforementioned seed blends. Seed must not contain any noxious weeds (at least 98% weed free).
vii. Overseeding must occur when daytime temps range from 78 to 85 degrees and nighttime lows are 57 degrees or colder (Generally, between October and Mid-November)
viii. Irrigation will be increased as appropriate to ensure maximum growth. It will need to occur in small increments throughout the day. Contractor will ensure correct irrigation schedules are set and that over-watering does not occur.
ix. Contractor will be responsible for leaving the area in a clean condition when the entire overseeding project is complete. This includes keeping the area clean during scalping.
x. To the best extent possible, contractor will advise the Contract Manager if foot traffic is harming the overseeding process.
xi. It is highly recommended Contractor take before-and-after photos.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

21.b
Packet Pg. 1165 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 23 of 57 ends

This task will be performed weekly by Friday.

23. Recreational Courts Power Washing (Tennis, Pickleball, Basketball). Proper power washing will be performed using non-abrasive methods that will not harm the courts.

25. Watering. All grass turf areas shall be irrigated as required to maintain adequate growth and appearance in accordance with State of California Water Conservation regulations.

It is the responsibility of the vendor to comply with any State-mandated restrictions (such as drought restrictions) when they occur. The following applies to watering operations:
a. Irrigation shall be accomplished in accordance with the following time frames wherever possible:
i. Parks: 9:00 pm to 6:00 am

21.b
Packet Pg. 1166 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 24 of 57 ends

ii. Slopes/Landscaping: 8:00 pm to 6:00 am
iii. Medians & Parkways: 8:00 pm to 6:00 am
iv. Manual Irrigation: as needed
v. Point to Point Irrigation: 24 hours
b. Vendor is required to monitor watering requirements and adjust as needed depending on weather. The vendor is required to turn off scheduled irrigation when rain is forecasted and resume irrigation as appropriate. c. Vendor is responsible for ensuring over spraying of water does not occur. This includes overspray onto buildings, recreational courts, parking lots, and other non-turf areas.
d. Special watering may be requested for certain activities. In addition, during certain park or community events, the vendor may be asked to post-pone or stop watering by the Contract Administrator.

Bidders must acknowledge all requirements of previous section, including all categories and subpoints.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ Please provide copies of staff certifications and completed training for this section.

If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city BIDDER’S RESPONSE:

21.b
Packet Pg. 1167 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 25 of 57 ends

EXHIBIT B

COMPENSATION SCHEDULE
Parks, Greenways and Recreation Corridors Landscape Maintenance Unit prices will include all landscape maintenance and related tasks (as noted in the Work Tasks and Frequency Table). Not all areas include turf and some work tasks do not apply to each location. It is important to cross-reference the Work Task and Frequency Table when determining costs. See “Exhibit A- Bid Schedule” under Documents tab in Planetbids.com.

Location Monthly Cost Annual Cost

AL GUHIN PARK

ANNE SHIRRELS PARK

BLAIR PARK

BOBBY VEGA PARK

BRYCE HAYNES PARK

CAMPO SANTO CEMETERY/PARK

COLONY PARK AND FIELD

DELMANN HEIGHTS PARK AND COMMUNITY CENTER

ENCANTO PARK AND FIELD

FIFTH STREET SENIOR CENTER

FELDHYM LIBRARY

FRED SPELLACY PARK

GUADALUPE-SAL SAAVEDRA FIELD

GUITERREZ FIELD

HAMPSHIRE GREENWAY/ DOG PARK

21.b
Packet Pg. 1168 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 26 of 57 ends

HARRISON CANYON PARK

HORIN PARK

HUDSON PARK

JACK REILLY PARK

LA PLAZA PARK

LITTLEFIELD/ SHULTIS PARK

LYTLE CREEK PARK AND COMMUNITY CENTER

MEADOWBROOK FIELDS

MEADOWBROOK PARK

NEWBERRY PARK

NEWMARK FIELD

NICHOLSON PARK (COMMUNITY CENTER CLOSED)

NORTON GYM

NUNEZ PARK

PALM FIELD

PERRIS HILL PARK

PIONEER CEMETERY

RONALD REAGAN PARK

SECCOMBE LAKE PARK

SPEICHER PARK (PATTON SOUTH)

STERLING BEAUTIFICATION GREENWAY

21.b
Packet Pg. 1169 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 27 of 57 ends

TOM GOULD

TOM MINOR PARK

WILDWOOD PARK/ DOG PARK
TOTALS
ANNUAL COST: _______________________________

ON-CALL RATE
Cost Per Hour for Call Out Minimum Hour (call out)
$ $

21.b
Packet Pg. 1170 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 28 of 57 ends

PRICE FORM
City of San Bernardino Parks, Greenways, and Recreation Corridors Exhibit B - Scalping and Overseeding
Unit prices will include full cost of overseeding (materials/seed/labor/equipment). Site visits are highly recommended to observe current condition of turf. *Location acreage subject to change but cost per acre will be honored.

Location Location
Acreage
Unit Price Per
Acre
Cost
AL GUHIN PARK 28
ANNE SHIRRELS PARK 12
BLAIR PARK 34
BOBBY VEGA PARK 3.62
BRYCE HAYNES PARK 1.5
CAMPO SANTO CEMETERY/PARK 5.5
COLONY PARK AND FIELD 6.4

DELMANN HEIGHTS PARK AND

COMMUNITY CENTER

19.7 ENCANTO PARK AND FIELD 8.9
FIFTH STREET SENIOR CENTER .5
FELDHYM LIBRARY 5
FRED SPELLACY PARK 1.5
GUADALUPE-SAL SAAVEDRA FIELD 2.25
GUITERREZ FIELD 1.98
HARRISON CANYON PARK 6

21.b
Packet Pg. 1171 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 29 of 57 ends

HORIN PARK 5.67
HUDSON PARK 10.1
JACK REILLY PARK .25
LA PLAZA PARK 2.04
LITTLEFIELD/ SHULTIS PARK 15

LYTLE CREEK PARK AND COMMUNITY
CENTER

17.9 MEADOWBROOK FIELDS 4.96
MEADOWBROOK PARK 14.12
NEWBERRY PARK 1.53
NEWMARK FIELD 5.02

NICHOLSON PARK (COMMUNITY CENTER

CLOSED)

9.52 NORTON GYM 3.72
NUNEZ PARK 22.04
PALM FIELD 22.3
PERRIS HILL PARK 64.4
PERRIS HILL SENIOR CENTER 1
PIONEER CEMETERY 26
RONALD REAGAN PARK 4
SECCOMBE LAKE PARK 44
SPEICHER PARK (PATTON SOUTH) 28

21.b
Packet Pg. 1172 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 30 of 57 ends

STERLING BEAUTIFICATION

GREENWAY
7 TOM GOULD .508
TOM MINOR PARK 5
WILDWOOD PARK/ DOG PARK 24.2
TOTALS 555
ANNUAL COST: _______________________________

21.b
Packet Pg. 1173 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape - 31 -

EXHIBIT C

ADDITIONAL DOCUMENTS

STAFFING PLAN

1. Primary staff to perform Agreement duties
Name Classification/Title Years of Experience

2. Alternate Staff (for use only if primary staff are not available) Name Classification/Title Years of Experience

21.b
Packet Pg. 1174 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape - 32 -
Substitution or addition of Respondent’s key personnel in any given category or classification shall be allowed only with prior written approval of the City Project Manager.

The Respondent may reserve the right to involve other personnel, as their services are required. The specific individuals will be assigned based on the need and timing of the service required. Assignment of additional key personnel shall be subject to City Project Manager approval. City reserves the right to have any of Contractor personnel removed from providing services to the City under this Agreement. City is not required to provide any reason for the request for removal of any Contractor personnel.

21.b
Packet Pg. 1175 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape - 33 -

REFERENCES
Respondent must include present and past performance information with a minimum of three (3) references of recent similar projects within the United States.

References cannot include City of San Bernardino Elected Officials, Department Directors, or Information Technology staff as reference. References can include other City agencies that are not partaking in this RFP. Please verify that all reference information is correct.

Reference 1
Company Name:

Address:

Contact Person:

Email Address:

Telephone Address:

Project name:

Dates Work Performed:

Summary of Scope of Services:

Project Cost:

Reference 2
Company Name:

Address:

Contact Person:

Email Address:

Telephone Address:

21.b
Packet Pg. 1176 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape - 34
-
Project name:

Dates Work Performed:

Summary of Scope of Services:

Project Cost:

Reference 3
Company Name:

Address:

Contact Person:

Email Address:

Telephone Address:

Project name:

Dates Work Performed:

Summary of Scope of Services:

Project Cost:

21.b
Packet Pg. 1177 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape - 35 -

EXHIBIT D

SAMPLE MAINTENANCE SERVICES AGREEMENT

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

21.b
Packet Pg. 1178 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape - 36 -

3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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.

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Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER,

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AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

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(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

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insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.13 Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):

Some maintenance projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.15 Work Site.

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omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by

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Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

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Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.4 Termination of Agreement.

3.5 General Provisions.

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME & DEPARTMENT***]

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With Copy To:

3.5.2 Indemnification.

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that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, 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.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.19 Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 1193 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape 51 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***],
[***INSERT TITLE***]
ATTESTED BY:
[***INSERT NAME***],
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number

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Scope of Services
[***INSERT SCOPE***]

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Schedule of Services
[***INSERT SCHEDULE***]

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Compensation
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***]

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KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS
Performance Expectations
• A performance measurement plan will be developed by The City of San Bernardino Public Works Department, and will be reviewed on a quarterly basis
• Supplier/Vendor will track and document all performance measures identified in the performance measurement plan. Measures will include, but a not limited to the measures listed below • Supplier/Vendor will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure
• Supplier/Vendor will attend quarterly meeting scheduled by the City of San Bernardino Public Works Department and present and discuss performance measures
• Supplier/Vendor will track all Cost Savings for all orders requested by Public Works and will report their total Cost Savings on a quarterly basis
Performance Measures

Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business

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Packet Pg. 1198 Attachment: Attachment 2 - Bid Documents-RFP No. F-22-28 B (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape 56 b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key
performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples
***Please Note*** DBE and Sustainability Performance Issues can be added to this list. Currently, the City of San Bernardino does not have a DBE/Sustainability team to cover the issues related to performance for these matters. These departments are usually managed in conjunction with Procurement or as another section of procurement to ensure that contractors are meeting these performance measures.

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FOR PSA’S AND PO’S
Contractor’s Performance: Contractor’s performance of its obligations under this Contract shall at all times be conducted in a skillful and workmanlike manner in accordance with the standards, practices, methods, and procedures ordinarily expected from a skilled and experienced (Insert type of Vendor) provider and shall conform in all material respects to the requirements of the SOW.

Disciplinary Actions in Phases for Non-Performance:

1. Informal Warning (Written or Verbal): Vendor is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the vendor.

2. Formal Warning (Written Only): A Corrective Action is issued and vendor must respond to the formal warning within 10 business days a. Vendor is given time to make corrections to their performance.

The time period given to vendor is based upon the departments needs

3. Formal Penalty Issued (Written notification issued): A penalty of 10% to of the vendors current invoice amounts or annual contract amount is deducted for non-performance after previous warnings have been issued

4. Termination of Contract (Written Notification issued): After all warnings and penalties have been exhausted, contract termination is required. Please see Section 3.4. Termination of Executed PSA for termination terms and conditions
a. Please Note: If it is found that vendor has falsified their qualifications/skills at any time during the performance of their contact or purchase order, the contract may be terminated immediately

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Packet Pg. 1284 Attachment: Attachment 4 - Greentech Proposal (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Landscape 4/11/2022
City of San Bernardino
RFP#F-22-28 B:

Parks, Greenways and Recreation
Corridors Landscape Maintenance
By: Joel Ibarra

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Packet Pg. 1285 Attachment: Attachment 5 - Inland Empire Landscape, Inc. Proposal (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Table of Contents:

Page Title: Page Number:

Cover Letter
Executive Summary & Exhibit A
Identification of Respondent
Staffing Resources & Exhibit C
Fiscal Stability
Experience and Technical Competence
Proposed Method to Accomplish the Work
Fee Proposal and Exhibit B
Evidence of Insurance
Litigation
Other Information
Certification of Proposal
Appendices
Company Certifications
3 4-14
15 16- 19
20- 31
32- 40
41- 42
43-46 47- 48
49 50
51 52- 53
54 -73

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Packet Pg. 1287 Attachment: Attachment 5 - Inland Empire Landscape, Inc. Proposal (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for Executive Summary
Proposal Summary:

As required by the city we feel that these areas need high quality detailing do to the visibility of public right away. Inland Empire Landscape, Inc. will assign full time employees to work daily at Parks, Greenways, and Recreation Corridors including Saturdays, Sundays, and Holidays. Crew leaders will be assigned to complete all work tasks as indicated on (Exhibit A) which are but not limited to: litter removal on turf area, trash can liners, mowing, edging, blowing, trimming of plants, fertilization, weed abatement, playground inspection, irrigation inspections/ repair, backflow, landscape bed raking, pest control, mole hill flattening/ hole fill, minor tree trimming, locking gates, overseeding, power wash picnic tables, benches, courts, and monument/signs, replacement of damaged plants, doggie bags, ballfield fence edging, and aerification. All crew leaders will be responsible to follow each parks frequency schedule per City requirements. Supervisor will visit jobsites as frequently as specified on RFP and updates are notified to designated city staff daily.

Supervisor will be responsible for visiting and assisting daily tasks. His focus is to verify that all crews are following direction on job sites to greatest standards. Supervisor will be available Monday through Friday and 24/7 for emergency calls that might arise.

Foremen and laborers will be at job site on a Weekly basis as specified on this RFP. Their tasks to perform for this RFP will be followed by the indications per site on Exhibit A.

Irrigation Technician will be visiting all areas on a daily schedule ensuring turf and planter areas are being irrigated properly. He will make sure all repairs and irrigation systems are functioning properly. He will be responsible to program irrigation controllers, remote controls, valves, gate valves, backflow devices, main/lateral lines, sprinklers (heads, nozzles, emitters), moisture sensor devices, and implement proper water management programs.

Parks, Greenways, and Recreation Corridors
Supervisor 40 hours a week
Irrigation
Technician
80 hours a week
Crew Leaders/
On Site Staff
120 hours a week
Laborers Mow
Crew
240 hours a week
Laborers
Detail Crew
240 hours a week
Weekend
Services
96 hours a week
Total Hours
per month:
3,864 hours a month
*Subject to change upon award*
4 21.e
Packet Pg. 1288 Attachment: Attachment 5 - Inland Empire Landscape, Inc. Proposal (8981 : Agreement with Parkwood Landscape Maintenance, Inc. for RFP# F-22-28 B
BID OPEN: 03/15/2022
BID Q&A: 03/29/2022
BID CLOSE: 04/12/2022

Page 15 of 54 ends

Mayor and City CouncilJune 1, 2022

Mayor and City Council
June 1, 2022