Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North F Street
San Bernardino, CA 92410
Agreement to Provide Youth Enrichment Programs
Expanded Learning - Creative Before and After School Programs This Agreement is hereby entered into between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT hereinafter referred to as the (“DISTRICT”) with its principal place of business located at 777 North F Street, San Bernardino, CA 91410 and City of San Bernardino Parks, Recreation and Community Services hereinafter referred to as (“PROVIDER”) with a mailing address of 201-A North E STreet, Suite 130, San Bernardino, CA 92401.
RECITALS:
WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required; and, WHEREAS, the PROVIDER itself is, or those hired by the PROVIDER are, specially trained, experienced and competent to render the special services required by the DISTRICT, and such services are needed on a limited basis;
NOW, THEREFORE, the DISTRICT and the PROVIDER mutually agree to enter into this Agreement as follows:
ARTICLE I: CONTRACT
The complete contract includes all RFP documents, all of the contract documents, including the Notice Inviting Proposals, RFP No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School Programs, 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.
ARTICLE II: PERIOD OF AGREEMENT
A. This Agreement is effective October 4, 2023 through June 30, 2024, unless rescinded by either
Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC party upon receipt of a thirty (30) day advance written notice to the other party. The term of this agreement may be extended annually upon mutual agreement of the parties hereto, not to exceed an accumulative five (5) years.
B. Upon a showing of good and sufficient cause by the PROVIDER, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable or necessary to attain the desired goals and the PROVIDER may continue the results required hereunder.
ARTICLE III: SCOPE OF WORK
The PROVIDER 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, and services, as described in all the documents of RFP No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School Programs. Services shall be provided and performed in strict accordance with all such requirements and provisions described in Article, 1, Contract. The PROVIDER shall be liable to the DISTRICT for any damages arising as a result of a failure to fully comply with this obligation.
The PROVIDER will provide an after-school youth enrichment program for District students as further described in the proposal response to the RFP Scope of Work.
The PROVIDER’s proposal shall not be made part of this Agreement. In the event of any conflicting terms in the exhibits, this Agreement shall control.
ARTICLE IV: COMPENSATION FOR SERVICES AND INVOICING
A. Compensation.
The DISTRICT agrees to compensate the PROVIDER for services rendered to accomplish the results required hereunder, at a not to exceed annual cost of one hundred and forty-five thousand dollars ($145,000.00) to be invoiced monthly in accordance with the bid sheets submitted in RFP No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School Programs.
The DISTRICT shall not owe any fee for services contemplated hereunder but not performed. The DISTRICT shall make payment to the PROVIDER after the receipt and approval of an invoice.
The PROVIDER’s fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the PROVIDER under this Agreement.
Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC B. Invoices.
As part of the DISTRICT’s year end process, all invoices for services rendered during this fiscal year must be received by the DISTRICT not later than July 15, 2024. Failure to submit invoices by the date may result in late payment of invoice.
The Agreement number on the upper left side of this page and the purchase order number should always be referenced in any correspondence or invoices submitted pertaining to this Agreement to the District. The invoice shall describe in detail the services rendered and must include the purchase order number.
The “Contract No.” on the upper left side of this page and the purchase order number should always be referenced in any correspondence or invoices submitted pertaining to this Agreement to the District. All invoices shall describe in detail the services rendered with supporting documentation and must reference the agreement and purchase order number. Invoices should be submitted to the following address to process for payment:
SBCUSD – Expanded Learning
1535 West Highland Avenue,
San Bernardino, CA 92411
(909) 880-6843
ARTICLE V: NOTICES
All notices and documents required pursuant to the terms hereof shall be in writing and may be delivered in person or by certified or registered mail, postage paid, as follows:
Provider: District Department Contact District Purchasing Contract Lydie Gutfeld, Director
City of San Bernardino Parks,
Recreation & Community Svc
201-A North E Street, #130
San Bernardino, CA 92401
(909) 384-5030
[email protected]
Ann Pearson, Director
Expanded Learning
1535 W. Highland Blvd., Rm 17
San Bernardino, CA 92411
(909) 880-6843
[email protected]
Laura Cardenas, Director
Purchasing Services
777 North F Street
San Bernardino, CA 92410
(909) 381-1126
[email protected]
Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC ARTICLE VI: STANDARD TERMS AND CONDITIONS
This Agreement constitutes a part of a whole including the Standard Terms and Conditions.
PROVIDER understands that no one document supersedes the other but holds equal precedence and are intended to be complementary.
ARTICLE VII: COMPLETE AGREEMENT
RFP No. 22-39, this agreement, terms on the purchase order and addenda incorporated herein by reference, represents the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
The terms of RFP No. 22-39 and this Agreement will prevail over any different or additional terms in Respondent’s proposal unless agreed in writing by DISTRICT. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties.
ARTICLE VIII: PROVIDER EVALUATION AND MONITORING
The DISTRICT will monitor and evaluate the progress and performance of PROVIDER to ensure that the terms of this Agreement are being satisfactorily met in accordance with the program g, outcomes, and deliverables, as measured by the DISTRICT’s evaluation criteria, compliance requirements and standards, which are set forth in the RFP Scope of Work, attached hereto and incorporated herein by reference (“Program Goals and Compliance Requirements”).
As part of the process the DISTRICT will require the PROVIDER to provide all necessary and relevant documentation to assist the DISTRICT in monitoring the Program Goals and Compliance Requirements. In addition, the PROVIDER shall cooperate and permit the DISTRICT, and any other duly authorized agent or third-party consultant of the DISTRICT, to monitor all activities conducted by the PROVIDER pursuant to the terms of this Agreement. The designated evaluators and monitors, shall in their sole discretion as deemed necessary or appropriate, have access to any program data, special analyses, planning documents, formal audit examinations, or any other reasonable procedures for purposes of monitoring PROVIDER’s performance under this Agreement. PROVIDER will collaborate in a timely manner with the DISTRICT to resolve issues pertaining to delivery of the services, program quality, documentation, and invoicing, including financial restitution to the DISTRICT for any pricing or billing errors which may have occurred during the length of the Agreement as identified in Article I.
ARTICLE IV: CONFLICT OF INTEREST
PROVIDER affirms that no PROVIDER employee or representative has participated in or attempted to influence DISTRICT’s decision-making concerning this Agreement including (a) influencing or attempting to influence an officer, employee, or member of the Board of Education of the DISTRICT; or (b) making an offer for any gratuities, favors, or anything of
Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC monetary value to an officer, employee, or member of the Board of Education of the DISTRICT for the purpose of influencing favorable disposition toward connection with the awarding of this Agreement. PROVIDER acknowledges that it has read and accepts the DISTRICT policies dealing with conflicts of interest, including BP 2710, AR 2710, and AR 2712.
ARTICLE X: AUTHORIZATION WARRANTY : The Respondent hereby represents and warrants that the person executing this Agreement for the Respondent is an authorized agent who has actual authority to bind the Respondent to each and every term, condition, and obligation set forth in this Agreement; and that all requirements of the Respondent have been fulfilled to provide such actual authority.
The DISTRICT hereby represents and warrants that the person executing this Agreement for the DISTRICT is an authorized agent who has actual authority to bind the DISTRICT to each and every term, condition, and obligation set forth in this Agreement; and that all requirements of the DISTRICT have been fulfilled to provide such actual authority.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
PROVIDER
________________________________________
Signature
__________________________________________
Print Name & Title
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
________________________________
Laura Cardenas
Director, Purchasing Department
Date: __________________________ Date: __________________________