request for proposal rfp no. 19-21 · rfp 19-21 education services support, low performing students...

RFP 19-21 Education Services Support, Low Performing Students of 37

REQUEST FOR PROPOSAL RFP No. 19-21

EDUCATIONAL SERVICES SUPPORT LOW PERFORMING STUDENTS

PROPOSAL DUE DATE

Proposals must be submitted by 10:00 a.m., Friday, January 31, 2020

SUBMIT RESPONSE TO

SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ATTN: Gloria Vega, Contract Analyst

Main Lobby Foyer Area (Bid Box) 777 North F Street

San Bernardino, CA 92410 Phone: (909) 381-1126


SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

777 North "F" Street San Bernardino, CA 92410

REQUEST-FOR-PROPOSALS

RFP No. 19-21 Educational Services Support

Low Performing Students NOTICE IS HEREBY GIVEN that the San Bernardino City Unified School District of San Bernardino County, State of California, acting by and through its Governing Board, hereafter referred to as the “District”, is soliciting sealed proposals in response to RFP No. 19-21, Educational Services Support – Low Performing Students. Proposals may be received up to but not later than: Friday, January 31, 2020 at 10:00 a.m. Vendors who are desirous of securing a copy of the RFP documents may do so by download from the District’s website at: https://sbcusd.com/cms/One.aspx?portalId=59953&pageId=1658890. Proposal responses must conform and be responsive in accordance with the RFP Documents that are on file for examination at the District’s Purchasing Department and posted on the above referenced web site. Proposals must be received at the PURCHASING DEPARTMENT BID BOX LOCATED IN THE MAIN LOBBY FOYER AREA, SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, 777 North F Street, San Bernardino, CA 92410, and shall be opened on the date at the below stated time and place. All responses must be clearly marked on the outside of a sealed envelope with the Vendor’s company name and the RFP number. It is the Vendor’s sole responsibility to ensure that its proposal response is received at the correct location and by the time of opening. No Vendor may withdraw its RFP for a period of 90 days after the date set for the opening of proposals. A pre-bid conference will be held on Tuesday, January 21, 2020, 10:00 am, at the Board of Education, San Bernardino City Unified School District, 777 N. “F” Street, San Bernardino, CA 92410, Conference Room G&H, to address questions and discuss the contents of the RFP document. Vendors interested in participating in this RFP are strongly encouraged to attend. Failure to attend the pre-bid conference does not excuse the bidder from any of the requirements of the bid. Contract award is contingent upon availability of funds. Small, Women-Owned, Minority and Disabled Veterans Businesses are specifically encouraged to respond. By: Gloria Vega

Contract Analyst

1st PUBLICATION: January 11, 2020

2nd PUBLICATION: January 18, 2020

Bidder Conference: January 21, 2020 @ 10:00 a.m.

Public Opening: January 31, 2020 @ 10:00 a.m.


TABLE OF CONTENTS Notice Inviting Proposals ..................................................................................................1 Table of Contents - Definitions.........................................................................................3 Introduction .......................................................................................................................4 Schedule of Events ............................................................................................................5 Evaluation Criteria ............................................................................................................6 Proposal Format ................................................................................................................7 ............................................................................................................................................ Terms and Conditions .......................................................................................................9 Sample Agreement ..........................................................................................................14 Scope of Work ................................................................................................................22 Contents of Proposal Response .......................................................................................20 Proposal Form/Fee Schedule ..........................................................................................23 Questionnaire and Requirements Document ..................................................................24 Required Certifications/Forms ........................................................................................27


San Bernardino City Unified School District

REQUEST-FOR-PROPOSALS RFP No. 19-21

Educational Services Support Low Performing Students

INTRODUCTION 1.0 Purpose The Low-Performing Students Block Grant (LPSBG), AB 1808, Education Code Section 41570 is intended to provide local educational agencies (LEAs) with resources to address the persistent academic achievement gap in California’s public schools that has led to inequitable outcomes and opportunities for children, including those and other factors that are the residual effect of the historical oppression of disempowered communities. The purpose of this Request for Proposal (RFP) is to seek competitive proposals from well-qualified service providers to provide low performing students’ grades 3rd to 12th to ensure academic enrichment to ensure students success in meeting State academic standards in content areas in Reading Language Arts and Mathematics. The District desires to contract with service providers who have demonstrated competence, skills and expertise to provide one-on-one tutoring and related services to identified students as described in the Scope of Work statement, page 22 of this RFP document. 2.0 About the District

The mission of San Bernardino City Unified School District, the leading expert in human learning, is to ensure all students, cradle to career, develop the knowledge, skills, and proficiencies required for college, career, civic, and economic success by inspiring and engaging them in a system distinguished by:

a. high expectations for student and staff performance; b. vital partnerships with families, community, and employers; c. culturally proficient schools; d. learning experiences beyond traditional boundaries of where and when; and e. safe, respectful, and welcoming environments.

San Bernardino City Unified School District is located in the heart of the Inland Empire area of Southern California. The District serves the City of San Bernardino, part of the City of Highland, and the unincorporated communities of Muscoy and Devore. The District is currently the sixth largest school district in California, with a student enrollment of approximately 54,000. Today, the District has 50 elementary, 11 middle, and 10 high schools. For additional information on the District visit San Bernardino City Unified School District web site at www.sbcusd.com. 3.0 Notice Inviting Proposals


All interested providers are invited to submit a proposal in accordance with the terms and conditions stated in this Request for Proposal (RFP). A copy of the RFP can be viewed and downloaded by accessing the District’s web site at https://sbcusd.com/cms/One.aspx?portalId=59953&pageId=1658890. If a proposer discovers any ambiguity or error such as a conflict, discrepancy, omission, or other errors in the RFP, the proposer shall immediately notify the District in writing at [email protected]. Bidders are advised that the District reserves the right to amend this RFP at any time, to accept or reject any or all proposals, to withdraw a line item or entire RFP, and to waive any irregularities or informalities in the RFP document(s). The District may award any, all, or none of this RFP. Addenda providing clarification or corrections will be done formally through posting on the District’s web site. It is the sole responsibility of each bidder to periodically check the site for any addenda at https://sbcusd.com/cms/One.aspx?portalId=59953&pageId=1658890. All questions or requests for clarification regarding this proposal are to be submitted in writing and shall be directed to Gloria Vega, Contract Analyst at [email protected]. Contact with any other individual, i.e., District Departments, District Agents, Board Members, etc., regarding this solicitation during the bidding process other than the individual identified above or other than a member of the District’s Purchasing Department may be grounds for rejection. Responses to questions and/or RFP clarifications will be posted on the District web site as addenda. It is the sole responsibility of each bidder to periodically check the web site for any addenda postings. Acknowledgement of all addenda must be submitted with proposal response. Failure to acknowledge in writing the receipt of any amendments may result in proposal rejection. 4.0 RFP Timeline

NOTE: Above dates are approximates and subject to change. 5.0 Proposal Evaluations All Proposals will be evaluated for completeness and the proposer’s ability to meet or exceed RFP requirements. The District reserves the right to award to one or more service providers whose proposal(s) provide the greatest value to the District, to negotiate pricing, in which case price will be the most heavily weighted factors; though the District will also consider the prospective Vendor’s ability to meet RFP requirements for the services as described in the RFP, as well as other relevant factors, including but not limited to service providers prior history providing the same or similar

Bidder Conference Tuesday, January 21, 2020 @ 10:00 a.m. Closing Date for RFP Questions Thursday, January 23, 2020 @ 1:00 pm Proposal Due Date Friday, January 31, 2020 @ 10:00 a.m. Anticipated Interview Date (if conducted) Week of February 3, 2020 Anticipated Issuance of Notice of Intent to Award Week of February 10, 2020 Anticipated Board Approval/Contract Award Tuesday, February 18, 2020 Start Date Wednesday, February 19, 2020


services, expertise, personnel qualifications and overall best value to the District. 6.0 Proposal Evaluation Criteria A Selection Committee consisting of District employees and other person(s) designated by the District may then short list for oral presentation specific Vendors whose proposals best meet or exceed District requirements. Vendors who are unable to meet the District’s schedule and/or requirements for an oral presentation are subject to proposal rejection. During the evaluation period, the District reserves the right to conduct on District site, telephone or email conversations with a Proposer to clarify proposals, competitively negotiate, ask questions or obtain additional information.

The criteria listed below are not necessarily an all-inclusive list. While price will be the most heavily weighted criteria, the order of appearance is not intended to indicate relevance of importance. Once a proposer has been found responsive to the RFP requirements, a determination of award will be made based on the following considerations:

7.0 Oral Presentation The District may, at its sole discretion shortlist selected bidders for on-site presentations. The proposer should be prepared to present such information in order that the Committee can effectively and objectively analyze all documentation proposed to provide low performing student academic services. Firms invited for oral presentations must be represented by the individual who will be the prime contact person assigned to the District, and other key team members. A Proposer’s inability to respond to any request for clarification and/or oral presentation may be cause for disqualification. Upon conclusion of the proposal evaluation process, a Notification of Intent to Award will be sent to the company selected. Award shall be made to the qualified Vendor(s) whose proposal is determined will provide the best service at the most economical cost to the school District.

Criteria Points

Fee Schedule, Costs, Best Value Pricing Structure 40

Meeting RFP requirements; Responses to Scope of Services 25 Firm’s expertise and background, personnel qualifications, experience with similar clients, acceptance of District’s T&C’s

15

Proposal offering “Best Value” to Student Success 15

Proposal format, organization and clarity 3

Financial Stability (2=Pass – 0=Fail) 2

Total Points 100


INSTRUCTIONS TO BIDDERS

8.0 Submitting Proposals

8.1.1 - One (1) original, two (2) hard copies, and one electronic copy saved to a USB drive shall be mailed or delivered in a sealed envelope to the below stated address and identified as RFP No. 19-21, Educational Services Support, Low Performing Students, in the bottom left-hand corner of the envelope. The word “ORIGINAL” shall be plainly stated on the face of the original Proposal document. It is not necessary to submit each proposal in a separate envelope. All proposals may be submitted in one packet. The cost of preparing and submitting a proposal is the sole responsibility of the proposer and shall not be chargeable in any manner to the District. Proposals will be opened and read out loud on the date at the time stated herein. The contents of any proposal shall not be made available to competing entities during the evaluation process.

8.1.2 – Proposals must be submitted on the forms and in the format provided by the District. Contents of proposal should be clearly divided into sections with index page for cross-referencing (Reference Page 20, Contents of Proposal Response). Read the RFP carefully and respond accordingly. No alterations to the District forms will be permitted, including substitutions or deletions without the prior written consent of the District, which may be given or withheld at the District’s sole discretion. Reproduction of District documents is permitted so long as reproduced copies are identical in size, format and content to the forms prepared by the District. Any proposal submitted in altered form may result in rejection of such proposal at the option of the District.

8.1.3 - Proposal documents must not contain any erasures, interlineations, or other corrections unless each such correction is initialed in ink in the margin immediately opposite by the person or persons signing the proposal. Responsibility for errors or omissions on the part of respondents will not be assumed by the District. Vendor will be bound by the terms and conditions of the RFP notwithstanding the fact that errors may be or are contained therein. However, if material errors are actually discovered in a proposal, the District will notify the Bidder that the proposal, as submitted, appears to contain errors. The District may or may not waive errors or irregularities in accordance with public contract code.

8.1.4 Proposals shall be complete in all respects as required by the instructions herein. A

proposal may be rejected if it is conditional or incomplete, or if it contains alterations of form or other irregularities of any kind. A proposal will be rejected if, in the opinion of the District, there was a material misstatement or misrepresentation contained in the proposal response. If an agreement has already been executed at the time of discovery of the material misstatement or misrepresentation, the District reserves the right to terminate the contract and pursue any available legal remedies.

8.1.5 A proposal response with terms such as, but not limited to, “negotiable”, “will

negotiate”, or similar, may be considered non-responsive and may cause your entire proposal to be rejected. Qualifying the bid in any manner may also lead to the proposal response being declared non-responsive.


Partial responses, changes to, additions/deletions which are not specifically called for in the RFP documents, may result in the District’s rejection of the proposal response.

8.1.6 - The failure or neglect of any Bidder to receive or examine any RFP documents,

addendum, or other documents shall in no way relieve any Bidder from obligations with respect to his or her proposal. The submission of a proposal shall be taken as prima facie evidence of compliance with this section.

8.1.7 - Prior to RFP opening time and date, a Bidder may withdraw its proposal after submission by written notice of withdrawal. A Bidder may modify its bid by written notice prior to the bid opening date and time. Each proposal/offer must be a firm irrevocable offer, and remain open and valid for District acceptance for 90 days after RFP opening.

8.1.8 - Proposals must be typewritten or in ink. Numbers must be stated in U.S. currency figures. All Proposal Forms “signature page(s)” must be signed in ink, included with the proposal submission, and signed by a person duly authorized to bind the Bidder. By signing, the authorized person is agreeing to all the RFP terms, conditions, instructions, specifications and requirements of this RFP document, including all amendments and attachments. Exceptions taken to any of the District’s RFP documents and/or any District Terms & Conditions must be clearly and conspicuously stated on a separate sheet titled “Exceptions Taken to District T&C’s” and submitted with bidder’s proposal. Note: The District reserves the right to reject any proposal which takes exception to District’s Standard Terms and Conditions at District’s sole discretion.

Proposals must be received in the San Bernardino City Unified School District “Bid Box”, Main Lobby Foyer, addressed Attn: Gloria Vega, 777 F Street, San Bernardino, CA, 92410 no later than 10:00 A.M., Pacific Standard Time, Friday, January 31, 2020, E-mailed or faxed responses will not be accepted.

9.0 Amendments/Addenda Addenda providing clarification or corrections will be done formally by providing written addenda to all potential Bidders known to have received a copy of the RFP, which are those to whom bids have been mailed and to those on record as having requested bids. Addenda will also be posted on the District’s web site, and it is the sole responsibility of each bidder to periodically check the site for any addenda at https://sbcusd.com/cms/One.aspx?portalId=59953&pageId=1658890.

If, in the sole and absolute discretion of the District, the changes required by addenda is of such nature that additional time is required for Bidders to prepare proposals, the District will change the due date timeline by placing an addendum on the District’s website.

Bidders are to acknowledge receipt of any and all RFP addenda. This shall be done by signing and returning a copy with your bid, or indicating the addendum number on the Bid Proposal Form.


Failure to acknowledge in writing the receipt of any amendments may result in bid rejection. It is the Bidders’ sole responsibility to see that the amendment acknowledgement reaches the proper person at the District by the deadline. 10.0 Terms and Conditions It is extremely important that all bidders READ and ADHERE to the terms and conditions, instructions, requirements, specifications, and all RFP documents included herein. Failure to do so may disqualify your bid.

11.0 - Insurance The Bidder shall provide and maintain during the term of the Contract a program of insurance satisfactory to the District covering its services hereunder. Certificates of Insurance, along with endorsements, shall be delivered to the District on or before the effective date of this contract, and shall stipulate that the District is to be given written notice by certified mail at least thirty (30) days in advance of any modification or cancellation of any policy of insurance. Coverage shall include the following:

A. Comprehensive General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury, property damage, and errors and omissions.

B. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily

injury and property damage. C. Sexual Abuse or Molestation: $3,000.000.00 per occurrence.

D. Workers’ Compensation and Employer’s Liability: Statutory as required by the State

of California E. Bidder’s insurance coverage shall be primary insurance as respects to the District, its

trustees, officers, employees and agents and Southern California Schools Risk Management. Any insurance or self-insurance maintained by the District, its trustees, officers, employees and agents shall be excess of Bidder’s insurance and shall not contribute with it.

11. Admitted Insurance Company Insurance must be provided by a California admitted surety in accordance with State Insurance Code 700. Admission is demonstrated by procuring a certificate of authority from the State Insurance Commissioner. 12. Proof of Insurance The Bidder shall not commence work under this contract until all required insurance certificates have been delivered in duplicate to and approved by the District subject to the following requirements:


A. Certificates and insurance policies shall include the following clause:

“This policy shall not be non-renewed, canceled, or reduced in required limits of liability or amounts of insurance, until notice has been mailed to the District. Date of cancellation or reduction may not be less than thirty (30) days after the date of mailing notice.”

B. Certificates of insurance shall clearly state that the District, its officers, employees,

agents and it’s trustees Southern California Schools Risk Management are named as additional insured under the policy described and that such insurance policy shall be primary to any insurance or self-insurance maintained by District.

13. Compliance

In the event of the failure of any Bidder to furnish and maintain any insurance required by this RFP, the Bidder shall be in default under the contract. Compliance by the Bidder with the requirement to carry insurance and furnish certificates or policies evidencing the same shall not relieve the Bidder from liability assumed under any provision of this agreement, including, without limitation, the obligation to defend and indemnify the District. 14. Fingerprinting This RFP and any resultant contract award are subject to the provisions of Education Code Section 45125.1. Upon contract award, the successful Bidder will be required to comply with these fingerprinting requirements. Bidders’ employees are required to submit fingerprints to the Department of Justice where an employee may come into contact with students at any school site. The successful Bidder will be required to return the fingerprint certification document included in this RFP document to the District certifying all its employees have been cleared by the Department of Justice prior to commencing any contract work. The Department of Justice will ascertain whether the employee has a pending criminal proceeding for a violent or serious felony or has been convicted of a violent or serious felony as they are defined in Penal Code Sections 667.5 and 1192.7, respectively. Bidder shall not permit an employee to come in contact with students until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code Section 45122.1. Prior to commencement of services by a vendor’s employee, awarded vendor shall provide the District with a list of names of employees who may come in contact with students and must certify in writing to the District that none of its employees who may come in contact with students have been convicted of a felony as defined in Education code Section 45122.1. District may request the removal of an employee from any District site at any time. Failure to comply with this provision may result in contract termination. 15. Equal Opportunity Employer The Bidder shall certify that it is an Equal Opportunity Employer and has made a good faith effort to improve minority employment and agrees to meet federal and state guidelines.


No unlawful discrimination shall be made in the employment of persons for the contract because of sex, race, color, national origin or ancestry, religion or handicap of such personnel. 16. Bidder Tax Information The successful bidder will be required to complete a W-9 tax form and return it to the District with the proposal response. 17. Non-Availability of Funds Purchase of services is contingent upon availability of funds. The District is not responsible, nor will it be penalized for canceling the contract or portions of a contract due to lack of appropriate funds. 18. Examination and Audit The contracting parties shall be subject to the examination and audit of the SBCUSD’s auditor for a period of three (3) years after final payment. The examination and audit shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract.

19. Audit Access For the purposes of such audits, the Bidder shall provide to the District (and its designees) access to the part of any facility at which the Bidder is providing the services, to Bidder personnel and to data and records relating to the services. The Bidder shall provide reasonable assistance during the audit and will cooperate reasonably with the District in connection with audit functions and with regard to examinations by regulatory authorities. The District’s auditors shall comply with the Bidder’s reasonable security measures. 20 Cooperation/Conduct Bidder shall not perform services in a manner which unreasonably impedes District’s conduct of its business, including, but not limited to, its schedule of classes and activities. 21 Joint Ventures Joint ventures WILL NOT be acceptable for the performance of any contract that may result from this RFP without prior written consent of the District. 22 Governing Law This contract is governed by and construed in accordance with the laws of the State of California. 23. Laws and Regulations The Bidder shall conform to all applicable Federal, State, County, and City laws, rules, ordinances,


codes and regulations covering this work including obtaining a San Bernardino City business license as required by the San Bernardino City Clerk’s office. It is the Bidder's total responsibility to determine specific details of such requirements and warrant that all services performed as part of this contract totally conforms to such requirements. Failure to conform to any requirements or violations of any such requirements will result in a default under the contract. 24. Provisions of Law Insertion Each and every provision of law and clause required by law to be inserted in the contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction. 25. Conflict with Existing Law The Bidder and the District agree that if any provision of the contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non-applicability of such provision. Should the offending provision go to the heart of the contract, the contract shall be terminated in a manner commensurate with the interests of both parties, to the maximum extent reasonable. 26. Non-Smoking Policy Effective July 1, 1995, smoking and the use of tobacco products by employees and visitors is prohibited on all District property and in all District vehicles. Appropriate notices shall be posted. (Health and Safety Code Section 24167). The “No Smoking Policy on District Property” is strictly enforced, and Bidder and its employees shall comply with this prohibition. 27. Covenant Against Gratuities The Bidder warrants by signing hereon that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Bidder or any agent or representative of the Bidder, to any officer or employee of the District with a view toward securing the contract or securing favorable treatment with respect to any determinations concerning the performance of the contract. For breach or violation of this warranty, the District shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the District in procuring on the open market any items which Bidder agreed to supply shall be borne and paid for by the Bidder. The rights and remedies of the District provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 28. Drug Free Workplace The selected Bidder will, by signing any future contract agreement, swears under penalty of perjury under the laws of the State of California that the Bidder is in compliance with District in matters relating to providing a drug-free workplace. Bidder shall do the following:


A. Publish a statement notifying employees that unlawful manufacturing, distribution,

dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by District.

B. Establish a drug free awareness program to inform employees about all of the following:

1. The dangers of drug abuse in the workplace; 2. The person’s or organization’s policy of maintaining a drug-free workplace; 3. The availability of drug counseling, rehabilitation and employee assistance programs; 4. The penalties that may be imposed upon employees for drug abuse violations;

C. Require that every employee who works under the RFP terms:

1. Will receive a copy of the Bidder’s drug-free policy statement; 2. Agree to abide by the terms of the Bidder’s statement as a condition of employment on

the agreement. 29. Waiver or Breach of Contract No term or provision of this contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by an individual authorized to so waive or consent. Any consent by either party to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for, any other breach or subsequent breach, except as may be expressly provided in the waiver or consent. 30. Default A. In addition to any other rights of termination or any other remedies available at law or in

equity, if District determines that a default or violation under the contract has occurred, it shall provide written notice to the Bidder describing the default or violation and it shall require the default or violation to be cured within five (5) business days. If the default or violation is not cured within that five (5) day period, the District may exercise its right to terminate the contract. In the event of a termination, District shall send a notice of termination in any manner acceptable as described in Notices, to the Bidder and the declaring the contract to be terminated as of the date provided in the notice.

B. At the time of termination, payment of invoices for products and services already received and

approved in accordance with RFP documents shall be the responsibility of the District. The District shall not be responsible for any loss of profits resulting from the cancellation. There shall be no early termination fee charged to the District.

D. District’s right to terminate the contract as stated herein and in “Termination of Contract” is in

addition to any remedies District may have. 31. Contractual Agreement

The District wishes to enter into an agreement effective February 19, 2020 through June 30, 2021. The District shall have the right to terminate the agreement with prior 30 day written


notification, in addition to any other termination rights. This RFP does not permit the successful Bidder to perform until a contract has been approved by the Board of Education, all appropriate documentation has been received and approved by the District, and a contract has been signed by both parties. Contract Extension – After contract expiration, the District reserves the right to extend this contract annually, for a period not to exceed 5 years total at District’s sole discretion. The contract as renewed shall include all of the terms and conditions unless otherwise agreed upon in writing. Renewals of the contract shall be recorded in writing signed by the District and Service Provider and identified as an addendum to the Contract. Payment - Invoices shall be submitted monthly and shall be emailed directly to Accounts Payable at [email protected]. Invoices shall include the purchase order number, detailed itemization of services and location of services. Each invoice shall include only services which have been performed. The District shall not owe any fees for services contemplated hereunder but not performed. There shall be no additional payments, fees or reimbursements made to the Service Provider for any expenses incurred to prepare or carry out the requirements of this RFP, other than what is stated in the RFP and contract documents. Prior to payment all invoices will be approved by the District Representative, who for the purpose of this agreement is the Director of Categorical funding.

32. The successful proposer will be required to enter into the following sample agreement.

A G R E E M E N T THIS AGREEMENT, dated the ___ day of ___, 20__, in the County of San Bernardino, State of California, by and between the San Bernardino City Unified School District, hereinafter referred to as "District" and ___________, hereinafter referred to as "Service Provider” or “Vendor”. W I T N E S S E T H: That the District and Vendor, for the consideration stated herein, agree as follows:

1. Contract: The complete contract includes all RFP documents, all of the contract documents, including the Notice Inviting Proposals, RFP No. 19-21, all proposal addenda, the submitted proposal, all negotiation documents, any resultant purchase order(s), District’s Terms and Conditions, Federal Procurement Contracts Compliance Certification Form, Special Conditions if any, Scope of Work, Specifications, Attachments, Exhibits, if any, this Agreement, and all modifications and amendments thereto, and by this reference are incorporated herein. The contract documents are complementary, and what is called for by


any one shall be as binding as if called for by all.

2. Scope of Services:

Vendor shall perform within the time set in the Notice to Proceed, everything required to be performed, and shall provide and furnish all the personnel, labor, materials, necessary tools, equipment, and services, as described in all the documents of RFP No. 19-21 Educational Services Support – Low Performing Students. Services shall be provided and performed in strict accordance with all such requirements and provisions described in Section 1 above, Contract. The Vendor shall be liable to the District for any damages arising as a result of a failure to fully comply with this obligation.

3. Compensation: District shall pay to the Vendor, as full consideration for the faithful performance of the contract, as provided in the RFP document, an estimated total sum of (Reference Proposal Form/Fee Schedule (Appendix “ “), said sum being the estimated total amount agreed upon resulting from Vendor proposal dated _______________2020; 4. Contract Term:

The term of the contract is February 20, 2020 and shall continue through June 30, 2021. The District reserves the right to cancel in accordance with the cancellation terms stipulated in the RFP documents.

5. Indemnification:

Service Provider agrees to and does hereby indemnify and hold harmless the District, its officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of:

(a) Liability for damages for (1) death or bodily injury to person; (2) injury to, loss or theft of

property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Vendor or any person, firm or corporation employed by the Vendor upon or in connection with the work called for in this Agreement, except for liability resulting from the sole negligence or willful misconduct of the District, its officers, employees, agents or independent Contractors who are directly employed by the District, and except for liability resulting from the active negligence of the District.

(b) Any injury to or death of persons or damage to property caused by any act, neglect,

default or omission of the Vendor, or any person, firm, or corporation employed by the Vendor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the District arising out of, or in any way connected with the work covered by this Agreement, whether said injury or damage occurs either on or off school district property, if the liability arose from the negligence or willful misconduct of anyone employed by the Vendor, either directly or by independent contract, and not by the active negligence of the District.

(c) Vendor, at Vendor’s own expense, cost and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees, or any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents or employees in


any action, suit or other proceedings as a result thereof.

6. Insurance: Vendor, at Vendor’s sole cost and expense, shall provide and maintain in full force and effect, from the commencement or services until expiration of this Agreement, insurance as called out in District’s RFP No. 19-21. All insurance shall be with a California Admitted Insurer who has a rating of A or better, unless otherwise agreed to by the District, as rated by the current edition of Best's Key Rating Guide, published by A.M. Best Company, Oldwick, New Jersey 08858 and authorized to conduct business in the State of California. Minimum coverages shall be as called out in RFP documents.

7. Corporate Status: If Vendor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of ____________________, and that _______________________________ whose title is __________________________ is authorized to act for and bind the corporation.

8. Required Provisions: Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

9. Notices All notices, demands, and documents required pursuant to the terms hereof shall be in writing and shall be delivered in person or by certified or registered mail, return receipt requested, with postage prepaid, at the addresses set forth below for each party: Notices shall be effective as of the date of receipt by the addressee. The address to which notices, demands and documents may be given by either party may be changed by written notice given in accordance with the notice provisions of this section.

District: Vendor: San Bernardino City Unified School District Professional Development Center Attn: Terry Comnick, Director Categorical Programs 4030 Georgia Blvd. San Bernardino, CA 92407

Copy to: San Bernardino City Unified School District Attn: Gloria Vega, Contract Analyst 777 N. F Street San Bernardino, CA 92410

10. Entire Agreement


The complete contract as set forth in Paragraph 1 of this Agreement, “Contract”, constitutes the entire Agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this contract exists between the parties. This contract can be modified only by an agreement in writing, signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. District: Firm:

By: By: Debra Love Title: Purchasing Services Director Title:

Date: Date: Additional Contractual Terms 33. Hold Harmless Agreement Service Provider agrees to and does hereby indemnify and hold harmless the District, its officers, agents and employees from every claim or demand made and every liability, loss, damage, or expense of any nature whatsoever, which may be incurred by reason of: A. Liability for damages for (1) death or bodily injury to persons, (2) injury to property, or (3)

any other loss, damage or expense arising out of the contract sustained by the Bidder and any person, firm or corporation employed by the Bidder upon or in connection with the work called for in this agreement except for liability for damages referred to above which results from the sole negligence or willful misconduct of the District, its officers, employees, or agents.

B. Any injury to or death of persons or damage to property, sustained by any person, firm or

corporation, including the District, arising out of, or in any way connected with the services covered by the contract, whether said injury or damage occurs either on or off District property, except for liability for damages which result from the sole negligence or willful misconduct of the District, its officers, employees, or agents.

C. The Bidder, at this own expense, cost and risk shall defend any and all actions, suits, or other

proceeding that may be brought or instituted against the District, its officers, agents, or employees on any such claim, demand, or liability and shall pay or satisfy any settlement or judgment that may be rendered against the District, its officers, agents, or employees in any action, suit, or other proceeding as a result thereof.

34. Assignment This contract shall not be assignable in whole or in part without written consent of the District. The District does not normally object to the granting of assignments for financial purposes, provided that


the original Bidder retains all of its responsibilities and obligations under the contract. In the event of any assignment hereunder to which the District has consented, each such assignment shall contain a provision that further assignments shall not be made to any third or subsequent party without any additional written consent of the District. 35. Bidder’s Power and Authority The Bidder warrants that it has full power and authority to grant the rights under the contract and will hold the District hereunder harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of that warranty. Further, Bidder avers that it will not enter into any arrangement with any third party, which might adversely affect any rights of the District under this contract. 36. Disputes and Remedies

A. Negotiation: Any claim that Bidder may have regarding the performance of the contract, including, but not limited to, claims for additional compensation, shall be submitted to the District within 30 days of its occurrence. The District and Bidder shall attempt to negotiate a resolution of such claim and process an amendment to the contract.

B. Mediation/Arbitration: If a dispute arises out of or relates to the contract, or the breach

thereof, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation under a mutually agreed upon process before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to the Agreement, or breach thereof, shall be settled by arbitration in accordance with a mutually agreed upon process.

C. Services Pending Outcome: Bidder agrees to proceed with all services ordered by the District

pursuant to the contract pending the outcome of any claim, dispute, mediation, or arbitration. In accordance with the terms of the contract, the District agrees to pay for services ordered by it and properly rendered by the Bidder pending the outcome of any claim, dispute, mediation, or arbitration.

D. Additional Remedies: The rights and remedies of the parties provided under the contract are in

addition to other rights and remedies provided by law. 37. Non-Exclusive Agreement Any resultant agreement is non-exclusive. In the event Bidder is unable to perform, or perform in an unsatisfactory manner, or in the event an unanticipated event or circumstance arises, the District retains the right to perform its own work or contract with other firms engaged in the same or similar type of work as defined in these documents at any time during the life of the contract.

38. Waive Informalities or Irregularities The District reserves the right to accept or reject any or all bids, or portions of bids, and to accept or reject any item, to withdraw a line item or entire bid, or to waive any minor irregularities or


informalities in the bid or in the process. 39. Waiver and Severability Clause One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. If any provision of this bid or contract is held, in whole or in part, to be unenforceable for any reason, that portion shall be severable and the remainder of that provision and of the entire bid or contract shall remain in effect. 40. Prohibition on Marketing and use of the District Name No advertising, sales, promotional or other publicity materials containing information obtained from this RFP are to be mentioned, or imply the name of the District, without prior express written permission from the authorized District contract person. 41. District Not Responsible for Preparation Costs All costs incurred in the preparation, submission and/or presentation of Bidder responding to the bid, including, but not limited to, the Bidder’s travel expenses to attend any pre-conferences, oral presentations, long distance charges, and negotiation sessions, shall be the sole responsibility of the Bidder and will not be reimbursed by District. District shall not pay for any costs incurred for bid or contract preparation as a result of termination of this bid or termination of the contract resulting from this bid. 42. Right to Use Ideas All proposals and other materials submitted become the property of the District and are public information, (except for financial information). District reserves the right to use any ideas or documents presented in any response to the bid. Selection or rejection of the bid shall not affect this right. 43. No Additional Costs The District shall not pay any additional costs to the successful Bidder for any items not specifically called out for pricing in this Bid. The Bidder shall provide any and all personnel, materials, equipment, machinery, fuel, tools, labor, parts, supplies, set up, designs, management, engineering, time, travel, and any other expense needed to provide the products or services in accordance with these Bid documents.


CONTENTS OF THE PROPOSAL RESPONSE

Each RFP should address the following items in the order listed below. Be sure to include information on all items that were requested throughout the RFP documents. The proposal response is to demonstrate the qualifications, competence and capacity of the firm as well as specify the approach in conformity with all federal, state, District, and local requirements:

A. Cover Letter - Include a cover letter with a brief description of the firm and statement of

interest. B. Description of Bidder’s Company – Include a description of qualifications for your

company providing the requested services. Include information regarding the size of the company, location, nature of work performed, and years in this particular business.

C. Bidders Personnel and Staffing Resources – Submit resume(s) or profiles of the individuals

who will be assigned to provide the requested services, including their qualifications and recent related experience providing similar services. Bidder must submit an operations organizational chart and highlight the key personnel who will be assigned to the District. The Bidder should state the size of staff, the location from which these services would be performed, and the number/nature of the staff to be employed in this engagement on a full-time and on a part-time basis. An affirmative statement should be included that the firm and all assigned key professional staff are skilled, qualified and have the expertise to perform the required services.

D. Capacity and Methodology – Describe how the Bidder will provide services and fulfill the

requirements and expectations of the District and this RFP. Use this section to address the ability of your company to undertake and accomplish the required scope of services and briefly explain why your firm should be selected by the District to provide the solicited services. A. Describe your plan for achieving the District’s goal of providing high-quality

opportunities for academic enrichment and your firms commitment of success to helping students meet the State and local student academic achievement standards;

B. Describe how your firm will promote parental involvement, family literacy, and related educational development activities.

E. Experience and References – Description of past performances of similar service and related

experience. The Service Provider is required to submit a list of other school districts or county offices of education for which services have been performed in the last five (5) years. Please identify districts that are of the approximate size of the District.

F. Customer Service Commitment – Describe your ongoing commitment to providing

outstanding customer service. Include letters of reference or testimonials. G. Exceptions Taken to District Terms & Conditions – Exceptions taken to any District

Requirements or Terms and Condition of RFP, contractual, or specification documents must


be clearly and conspicuously defined in written form and submitted with proposal response. H. Fiscal Stability - Attach in separate sealed envelope firm’s most recent financial statement.

(audited or authenticated by CPA or accountant) I. Bidder Questionnaire - Each Bidder must completely answer the questions of this document.

Questions may be answered in other sections of the proposal if clearly and conspicuously identified on the questionnaire. (Ref. Attachment No. 1)

J. Insurance - Complete and sign the Workers’ Compensation Insurance Certification form.

(Ref. Attachment No. 2) K. Equal Opportunity Form – Complete and return. (Ref. Attachment No. 3)

L. Debarment – Complete and return. (Ref. Attachment No. 4) M. W-9 Tax Form (Ref. Attachment 5)

N. EDGAR Federal Funding Contract Compliance Form – Initial, sign and return. (Ref

Attachment No. 6)

O. Proposal Forms – Under Separate Tab provide costs to provide services (Proposal Forms). Carefully read and sign Proposal Form. Proposal form must be signed in the name of the Vendor and must bear the signature in longhand of the person(s) duly authorized to commit the Vendor to the terms of all contractual documents.

In addition to the above, after contract award at a minimum the following documents will be required from the successful Vendor(s):

Proof of DOJ Fingerprinting clearance of Bidder’s employees (Upon Contract Award) (Ref. Attachment No. 7)

Insurance Certificates with District listed as additional insured Signed District Contract Document


SCOPE OF WORK

The District desires to contract with service providers who have demonstrated competence, skills and expertise to provide one-on-one tutoring and related services to assists students in grade levels 3rd-12th to meet the challenging State academic standards in the content areas of Reading/Language Arts and Mathematics. Required services include, but are not limited to providing tutoring, mentoring, coaching and a broad array of other academic activities during non-school hours, periods when school is not in session (such as before and after school or during summer recess). The District is also interested in any on-line services that reinforce and complement the regular academic programs of the schools attended by the students served, and are targeted to the students’ academic needs and aligned with the instruction students receive during the school day. At a minimum, services shall include:

One-on-one tutoring services to identified student that include:

Services up to 50 hours per student (Grades 3rd-12th) Staff trained to serve English Learners and Special Education students Pre-post assessment (including diagnostic) as part of an individualized Student

Learning Plan (SLP) Necessary instructional materials to participate in program Metrics for progress/success (specific indicators inclusive to specific program

provided) Serve up to 500 students Offer a variety of service locations: schools, community center, public library,

home, and on-line Progress reports after each fifteen hours of service, to include growth targets

met, approaching met, not met Regular communication with parents Final program evaluation report, including data demonstrating participation,

program effectiveness, and use of survey instruments (students, parents, staff) Invoicing of services occurs monthly, submitted on or before the 15th of the

following month and includes student time sheet recorded in no less than quarter hour increment

No electronic device or other items of value shall be given, retained, or used as an incentive or achievement award

Funds must only be expended on direct services to eligible students Offers families of students served with opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related education development.


PROPOSAL FORM

RFP No. 19-21 Education Services Support – Low Performing Students (All Proposal Form Are Required to be completed and returned by all bidders)

Under penalty of perjury, the undersigned does hereby agree to provide and complete all services in accordance with the entire RFP NO. 19-21 documents, including but not limited to addenda acknowledged based on the fee schedule provided shown below or attached hereto above:

BILLING RATE $ ___________ (rate) x hours per student (maximum of 50 hours per student) The Vendor’s fee is inclusive of all services, equipment, etc. The District will pay no separate amount for travel or other expenses. Company Name: _____________________________________________________________ By Authorized Signature: ______________________________________________________ Printed Name: ______________________________ Title: _________________________


ATTACHMENT No. 1

To be completed by all bidders

BIDDER QUESTIONAIRE

Bidder shall furnish all the following information accurately and completely. Failure to comply with this requirement may cause a bid rejection. Additional sheets may be attached if necessary. “You” or “your” as used herein refers to the Bidder’s firm and/or any of its owners, officers, directors, shareholders, parties or principals. If the same information is provided elsewhere in your bid and qualification materials, then please clearly identify such in the following questions. Please be advised that the District may request verbal or written clarifications, additional information, an interview or presentation at any time regarding this bid. SECTION A – GENERAL INFORMATION (1) Firm name, address and contact information:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

Telephone: ____________________ Facsimile: ____________________ Internet Address: ______________________________________________

(2) Type of firm: (check one) Individual__ Partnership__ Corporation__ State__ (3) Names and titles of all principals/officers of the firm:

Name Title Phone Number


SECTION B – LEGAL (4) Have you or any of your principals been in litigation or arbitration of any kind on a

question or questions relating to similar services involving a school district during the prior five (5) years? ________.

a. If Yes, provide the name of the public agency and briefly detail the dispute: _______________________________________________________

_______________________________________________________

(5) Have you ever had a services agreement terminated for convenience or default in the prior five (5) years? ________. a. If Yes, provide details including the name of the other party: _______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________ (6) Is your firm, owners, and/or any principal or manager involved in or is your firm aware of

any pending litigation regarding professional misconduct, bad faith, discrimination, or sexual harassment? ________. a. If Yes, provide details: _______________________________________________________

_______________________________________________________

_______________________________________________________

_______________________________________________________ (7) Is your firm, owners, and/or any principals or manager involved in or aware of any

pending disciplinary action and/or investigation conducted by any local, state or federal agency? ________.

a. If Yes, provide details: _______________________________________________________

_______________________________________________________

_______________________________________________________

(8) Will your firm comply with all District, local, State and Federal legal requirements, regulations and laws? ________.


SECTION C – CONFLICT OF INTEREST (9) Have you ever had any direct or indirect business, financial or other connection with any

official, employee or Vendor of the District?

a. Please elaborate and discuss any potential, apparent or actual conflict of interest: _______________________________________________________

_______________________________________________________

_______________________________________________________

I certify and declare under penalty of perjury under the laws of the State of California that the foregoing Bidder Questionnaire (four pages) is true and correct. Executed this _____________ day of ___________________________, 2020, at _____________________________________, State of __________________________. City, County ______________________________ _______________________________ Company Name Signature ______________________________ _______________________________ Title Print Name


ATTACHMENT No. 2

BIDDER’S CERTIFICATE REGARDING WORKMENS’ COMPENSATION

Labor Code Section 3700: “Every employer except the state and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly

authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-

insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees.”

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provision of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Signature __________________________________ Name and Title Date (In accordance with Article 5 [commencing at Section 1860], Chapter 1, Part Division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performance of any work under this contract.)


ATTACHMENT No. 3

To be completed by all bidders EQUAL OPPORTUNITY CERTIFICATION

To: San Bernardino City Unified School District 777 North “F” Street San Bernardino, CA 92410

Firm:

Street Address:

City: State: Zip Code:

Telephone ( ) FAX ( ) Number of Employees

This firm is: Independently Owned and Operated An Affiliate of Parent Company

A Subsidiary of Address A Division of *********************************************************************************************** This is to certify that we are an Equal Opportunity Employer and have made a good faith effort to improve minority employment.

*********************************************************************************************** Signature

Title

Date____________________________


ATTACHMENT No. 4


ATTACHMENT No. 5

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

FAR Subpart 9.4—Debarment, Suspension, and Ineligibility

I am aware of and hereby certify that neither_________________________ nor Name of Service Provider its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I further agree that I will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Respondent/offer or/contractor or any lower participant is unable to certify to this statement, it shall attach an explanation to this solicitation proposal. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal of the above named Respondent on the ________ day of _________________________ 20_____ for the purposes of submission of this RFP. By _____________________________ Signature

____ Typed or Printed Name

Title

Date


ATTACHMENT No. 6


ATTACHMENT No. 7

Education Department of General Administration Regulation (EDGAR)

Federal Funding Contract Compliance Form

The following provisions are required and apply when federal funds are expended by San Bernardino City Unified School District for any contract resulting from this procurement process. San Bernardino City Unified School District is the sub grantee or sub recipient by definition.

In addition to other provisions required by the federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000 which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide such sanctions and penalties as appropriate.

Pursuant to Federal Rules (A) above, when federal funds are expended by San Bernardino City Unified School District, the District reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree? YES Initials of Authorized Representative of Vendor

(B) Termination for cause or for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rules (B) above, when federal funds are expended by San Bernardino City Unified School District, the District reserves all rights to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor,


in the event vendors fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. San Bernardino City Unified School District also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if San Bernardino City Unified School District believes, in its sole discretion that it is in the best interest of San Bernardino City Unified School District to do so. The vendor will be compensated for work performed and accepted and goods accepted by San Bernardino City Unified School District as of the termination date if the contract is terminated for convenience of San Bernardino City Unified School District. Any award under this procurement process is not exclusive and San Bernardino City Unified School District reserves the right to purchase goods and services from other vendors when it is in the best interest San Bernardino City Unified School District.


(C) Rights to Inventions Made Under a Contract Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement, “; the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (C) above, when federal funds are expended by San Bernardino City Unified School District, the vendor certifies that during the term of an award for all contracts by San Bernardino City Unified School District resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (C) above.


(D) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended – Contracts and sub grants of amounts in excess of $250,000 must contain a provision that requires the non-Federal award to agree to comply


with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (D) above, when federal funds are expended by San Bernardino City Unified School District, the vendor certifies that during the term of an award for all contracts by San Bernardino City Unified School District resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (D) above.


(E) Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the system for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.235), “Debarment and Suspension”. SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (E) above, when federal funds are expended by San Bernardino City Unified School District, the vendor certifies that during the term of an award for all contracts by San Bernardino City Unified School District resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.


(F) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certified to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that take place in connection with obtaining any Federal award. Such


disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (F) above, when federal funds are expended by San Bernardino City Unified School District, the vendor certifies that during the term and after the awarded term of an award for all contracts by San Bernardino City Unified School District resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

a. No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Stand Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

c. The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds to all appropriate tiers and that all sub recipients shall certify and disclose accordingly.


RFP 19-21 Educational Services Support – Low Performing Students of 37

When federal funds are expended by San Bernardino City Unified School District for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.


When federal funds are expended by San Bernardino City Unified School District for any contract resulting from this procurement process, the vendor certifies that it will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321, et seq.; 49 C.F.R. Part 18; Pub. L. 94-163, 89 Stat. 871).


Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.


RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

RFP 19-21 Educational Services Support – Low Performing Students of 37

Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.


Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

CERTIFICATION OF NON-COLLUSION STATEMENT

Company Name: Address: City: State: Zip: _________________________ Phone Number: Fax #: Email Address: Printed Name of Authorized Representative: