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Active Ed Contract Draft.pdf

Fontana City Council
July 14, 2026

Document
Active Ed Contract Draft.pdf
Meeting
July 14, 2026
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Fontana City Council
Original file
610 KB
Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

1 16498.00150\32126437.1
CIT

Y OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
_________________
This
Agreement is made and entered into as of ___________, 20__ by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and ____________________ , a ___________________________________ with its principal place of business at _____________________________________ (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECI
TALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
____________________________________________________________________________ (hereinafter referred to as “the Project”).

B. Cons
ultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services .

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 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 exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

2. Com
pensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Addi
tional Work.
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If
changes in the work seem merited by Consultant or the City , and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term:

The term of this Agreement shall be from ______________ to ______________, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”) . The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. St
andard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City . The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance . Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Cove rage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement 4 16498.00150\32126437.1
(8) P
roperty Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officia ls, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City , and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non- owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City , the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To t
he extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
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d. Pr
ofessional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the C ity and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Aut
omobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) D
efense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 - S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the 6 16498.00150\32126437.1
Cons
ultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self -insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement.

Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
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(ii) I
f at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements . Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City ’s choosing), indemnify and hold the City , its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. If Cons
ultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code secti on 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. Cal
ifornia Labor Code Requirements.
a. Cons ultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects

8 16498.00150\32126437.1
(“Prevailing Wage Laws”). 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 Consultant and all subconsultants 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 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. b. I f the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be register ed with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. 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. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City . Consultant 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 Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub - subconsultants to comply with the same.

15. ______________

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If s aid termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein.

Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City o nly in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: _________________
CONSULTANT:
_______________________________
_______________________________
_______________________________
Attn: __________________________

10 16498.00150\32126437.1

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. A ny attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either P arty, unless such waiver is specifically specified in writing.

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

11 16498.00150\32126437.1

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]

12 16498.00150\32126437.1

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA

By:

Matthew C. Ballantyne
City Manager
VENDOR NAME.

By:
_____________
_____________

Attest:

By:

Germaine McClellan Key
City Clerk

By:
_____________
_____________

By:
______________
Deputy City Manager

Approved as to form:

Best Best & Krieger LLP
City Attorney

_____________________________
__________
______________________

IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS

By: ______________________________
Rakesha L. Voss
Human Resources & Risk Management Director

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES

___________________________________
Jessica Brown
Chief Financial Officer

Sid Lambert
Purchasing Manager

13 16498.00150\32126437.1

EXHIBIT A
Scope of Services

EXHIBIT “A”

SCOPE OF SERVICES

The Contractor, Active Education, shall provide the City with a structured soccer program for the Fontana Expanded Learning Program school sites. The soccer program will focus on the sports fundamentals and fitness.

The program will emphasize the development of skill development as well as Positive Behavior Interventions and Supports’ (PBIS) best practices. The program will be conducted within nine (9) months, with in-person visits scheduled to begin on execution of contract and conclude by May 28, 2027.

• The contractor will service:
o Provide Sports Clinics to 33 Fontana Expanded Learning Program sites. • Schedule
o 26 weeks
o Number of services provided 4 days per week
o Program days: Tuesday to Friday
o Between 12pm-5pm

• Programming
o Total number of sessions: 429
o Participants will receive structured soccer/sports clinics teaching the fundamentals of the sport and fitness.
o Activities will encompass fun and healthy activities with an emphasis on social and emotional learning and PBIS best practices.
• For all visits, the City of Fontana shall provide:
o Calendar schedule for activities/visits.
o Use of facility space.
o Contractor shall work directly with FELP staff regarding facility/equipment needs.

• The Contractor shall provide the City with the following:
o The Contractor agrees to provide a valid City of Fontana Business License no less than 30 days before the performance to guarantee payment for the following services. o Completion of fingerprinting and background checks for participating staff. o Completion of Mandated Reporter Training through Vector Solutions. • The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days’ notice given in writing. • Contractor will be funded through the Expanded Learning Opportunities Program ( ELO- P). • The Contractor shall be paid within thirty (30) days of services rendered as follows:

May 28, 2027
$180,180 (ELO- P Funded Schools)
$180,180 (Total)

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.

The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.

The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set -up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and set - up the Contractor may be offered an alternative performance date at the same pay rate.

ACTIVE

EDUCATION
After-School Program Proposal
City of Fontana 2026–2027 Soccer + Fitness & Multi-Sport Program Submitted by: Lee Hartley | Operations Manager, Active Education | February 2026

Summary
Active Education is pleased to submit this proposal to renew our district-wide after-school programming partnership

with

the

City

of

Fontana

for

the

2026–2027

academic

year.

We

don’t

just

deliver

programs

-

we

build

and

operate

the

systems

that

keep

them

running

consistently,

safely,

and

at

a

high

standard

across

every

school

site,

every

session

day.

This proposal outlines a single, continuous program running 26 weeks across the full school year. The program

has

a

deliberate

developmental

arc:

soccer

&

multi-sports

in

the

fall

to

establish

foundations

and

engagement,

broadening

progressively

into

athletics

and

multi-sport

enrichment

through

the

spring.

Every

session

-

regardless

of

semester

or

sport

-

is

built

around

the

Four

Pillars

of

physical,

technical,

tactical,

and

psychosocial

development,

with

structured

engagement

activities

and

SEL-aligned

coaching

throughout.

Across 33 FUSD school sites, the program is designed to provide:
● High-participation structured physical activity each session day ● Skill development through progressive station-based instruction ● Positive school-day support through SEL/PBIS-aligned coaching and proactive communication

The program will serve up to 120 students per site per session day across 33 FUSD schools, supported by

3+

trained

instructors

per

site,

a

dedicated

Program

Manager,

and

Lead

Instructors

providing

quality

oversight

year-round.

Our

2025–2026

program

is

currently

active

and

on

track.

Site

feedback

is

strong,

staff

are

showing

up

prepared,

and

our

operations

infrastructure

ensures

issues

are

caught

and

resolved

before

they

affect

schools.

That

same

backbone

is

what

we

are

committing

to

for

2026–2027.

ActiveEducation.com • 833-222-8483 1

Our

Partnership

with

City

of

Fontana
Active Education has been serving the FUSD students through structured after-school athletic programming

since

2022,

and

the

current

2025–2026

program

reflects

the

standard

we

hold

ourselves

to:

teams

staffed

on

time,

sites

prepared,

and

school

partners

kept

in

the

loop.

Survey

feedback

will

be

compiled

throughout

the

program

and

shared

with

the

district.

In

the

meantime,

here

is

what

we

are

hearing

directly

from

the

field

so

far:
“Everything has been going smooth for us at Almond. Our students are enjoying the coaches

and

activities,

with

no

big

issues

so

far.

Coach

Angeles

has

been

very

awesome,

kind,

and

very

supportive…

All

of

our

students

have

loved

[the

coaches].

We’re

very

grateful

to

have

you

guys

here.” - Arturo Iglesias-Castaneda, Site Coordinator • Almond School “Hi, everything went great, the kids loved it! Your staff was great as well!” - Elvia Salazar, Site Coordinator • Oleander School This kind of feedback - from site staff who interact with our coaches every week - reflects our standard:
coaches

who

are

coached

themselves,

programs

that

are

reviewed

regularly,

and

a

management

structure

that

keeps

quality

consistent

whether

it’s

week

one

or

week

twelve.

Program

Snapshot

26-27
Program Delivery 26 weeks of instruction total
Per School 13 total session days across Fall and Spring rotations Grades K-8
Schedule Window August 2026 – June 2027 (with open weeks weather & make-ups) Session Length 2 hours per session day
Staffing 3+ instructors per session day
Daily Capacity Up to 120 students per site, per day, delivered in two 1-hour sessions Total Schools 33 FUSD school sites
Session Days Tuesday – Friday (Mondays reserved for holidays, weather reschedules & make-ups) Session Start Time As early as 3:00 PM, adjusted per school bell schedule ActiveEducation.com • 833-222-8483 2

Daily Session Model
Each 2-hour session is structured around a station rotation model. Three instructors each manage a dedicated

station

while

student

groups

rotate

through

-

keeping

energy

high,

ensuring

individual

attention,

and

developing

skills

across

multiple

contexts

within

a

single

session.

This

structure

applies

consistently

across

both

fall

and

spring

programming.

Session 1 — Hour 1 Session 2 — Hour 2
Student Groups 3 groups of up to 20 students 3 groups of up to 20 students Students per Session Up to 60 students Up to 60 students Staff-to-Student Ratio (1-8) 1 instructor per 20 students 1 instructor per 20 students Staff-to-Student Ratio (K) 1 instructor per 10 students 1 instructor per 10 students Daily Site Total Up to 120 students per site

Station Rotation Model Each instructor owns one station for the session. Student groups rotate through all three stations within the

hour,

each

station

targeting

a

different

developmental

focus.

The

station

content

shifts

across

fall

and

spring

to

reflect

the

program’s

progression

-

but

the

structure

stays

the

same

so

students

and

school

staff

always

know

what

to

expect.

Station Focus Example Activities
Station 1 - Skill Development
Technique and movement pattern development
Soccer foot skills, basketball dribbling passing, throwing and catching mechanics Station 2 - Team Game
Strategy, communication, and teamwork
Small-sided matches, Olympic Handball, Capture the Flag, cooperative challenges Station 3 - Cardio / Engagement
High-energy movement and active participation
Tag games, relay races, fitness challenges, running games Every station is coached, not supervised. Instructors actively teach, reinforce positive behavior, and build

the

program

culture

throughout.

Between

sessions,

instructors

reset

their

stations

and

the

next

group

of

up

to

60 students

rotates

in.

ActiveEducation.com • 833-222-8483 3

Year Schedule & District Rotation Model
The 2026–2027 program runs as a single continuous program across the full school year. The fall and spring

season

represent

two

phases

of

one

program,

not

two

separate

offerings.

Schools

rotate

through

the

program

in

two

cohorts

across

each

season,

with

make-up

weeks

built

into

the

calendar

from

day

one.

Fall 2026 — Soccer-Led & Multi-Sports Program Window August 2026 through December 2026 break Session Days 6 session days per school
Daily Schedule 4-5 schools serviced per day (16-17 schools per week) Rotation 16 schools in Cohort 1, then 17 schools in Cohort 2 Program Window 12 weeks total
Flex Weeks 5 weeks reserved for inclement weather, site closures, & make-ups Emphasis
Soccer-led foundation in opening sessions, broadening to basketball, throwing & catching, and multi-sport games in later sessions

Spring 2027 — Athletics & Multi-Sport Enrichment Program Window January 2027 through June 2027 Session Days 7 session days per school
Rotation 16 schools in Cohort 1, then 17 schools in Cohort 2 Program Window 14 weeks total
Flex Weeks 5 weeks reserved for inclement weather, site closures, & make-ups Emphasis
Athletics, fitness, and broader multi-sport variety building on the foundation established in the fall, including international sports Every school receives its full session count. Make-up weeks are built into the calendar from the start - there

is

no

end-of-season

scramble

to

recover

missed

days.

The

rotation

model

is

designed

so

that

scheduling

is

predictable

for

schools

and

manageable

for

our

operations

team. See Draft Schedule -
Fontana 2026/27 Schedule Draft
ActiveEducation.com • 833-222-8483 4

Program

Content

&

Curriculum
Active Education is a specialized provider of structured physical activity, sports, and social-emotional learning.

We

are

not

just

a

sports

program

-

we

are

a

comprehensive

youth

development

program

that

uses

diverse

activities

to

build

confidence,

physical

literacy,

conflict

resolution

skills,

and

a

lifelong

love

of

movement.

Our curriculum is structured and coach-ready. Every instructor walks onto a site with a clear plan - activities

are

purposeful,

progressions

are

deliberate,

and

the

coaching

culture

is

consistent

whether

it’s

session

one

or

session

thirteen.

All

curriculum

can

be

tailored

to

meet

FUSD’s

specific

school

or

district

priorities.

The Four Pillars — The Constant Across Every Session Regardless of sport, season, or school site, every Active Education session is built around four developmental

pillars.

These

are

the

standards

we

coach

to

and

evaluate

against.

The

sport

is

the

vehicle.

The

pillars

are

the

destination.

Physical Fitness through fun activities, high-repetition movement, and sustained cardiovascular engagement throughout every session.

Technical Skill development through engaging, progressive games - dribbling, passing, throwing, catching, agility, and coordination.

Tactical Game understanding through competitive play, strategy challenges, and decision-making activities that develop sports intelligence.

Psychosocial Character and culture through team building, leadership roles, conflict resolution, SEL vocabulary, and positive reinforcement.

Fall Curriculum — Soccer-Led Foundation Soccer is the anchor of the fall program. It engages students quickly, builds a shared athletic language across

the

group,

and

develops

the

fundamental

movement

skills

that

transfer

directly

into

every

sport

that

follows.

Building

on

the

excitement

around

the

2026

World

Cup

being

hosted

in

the

USA,

Mexico

and

Canada
,

soccer

gives

us

an

immediate

hook

and

a

platform

for

teaching

skills

that

extend

far

beyond

the

field.

Opening sessions focus on establishing the foundation: • Ball mastery: dribbling, passing, control, movement, and spatial awareness • Small-sided games and mini-matches that build individual confidence and team cohesion • Active Zone culture established: expectations owned by students from day one • SEL focus: sportsmanship, communication, fair play, and leadership through Captain roles As sessions progress, the program broadens to incorporate: • Basketball & Kickball: passing, kicking, dribbling, shooting, and team play • Handball & Tag - throwing and catching: hand-eye coordination, accuracy, and cooperative game

formats
• Multi-sport team games that build on physical and tactical skills already developed • Every session continues to hit all Four Pillars through structured station activities ActiveEducation.com • 833-222-8483 5

Spring Curriculum — Athletics & Multi-Sport Enrichment The spring program builds on the foundation established in the fall and broadens the experience significantly.

Students

who

have

developed

movement

fundamentals,

team

habits,

and

a

positive

program

culture

are

now

ready

for

greater

variety

and

challenge.

The

spring

lens

shifts

toward

Olympic

athletics,

fitness,

and

a

wide

range

of

sport

experiences

-

traditional

and

non-traditional

-

that

level

the

playing

field

for

students

of

all

athletic

abilities.

Gearing

up

for

the

Olympics

in

LA

2028!
• Track & field style athletics: sprints, long jump, relay races, and throwing challenges • Fitness and cardio-based games: high-energy activities that build endurance and physical confidence
• International and non-traditional sports: activities that create new opportunities to succeed • Cooperative and competitive team games: Olympic-style formats that celebrate effort and positive

culture
• SEL focus: perseverance, respect, healthy competition, teamwork, and leadership • Every session continues to hit all Four Pillars through structured station activities The curriculum outlined here is a starting point, not a ceiling. We are happy to collaboratively with the City

of

Fontana

to

adjust

content,

emphasis,

or

activity

selection

at

any

point

in

the

program

year.

Age-Appropriate Session Design Sessions are adapted by grade level to ensure students are appropriately challenged and engaged.

The

Four

Pillars

and

station

structure

apply

at

every

level

-

what

changes

is

the

complexity

of

the

activities,

the

coaching

expectations,

and

the

level

of

student

autonomy.

Grade Band Focus & Approach
Grades K–3
Skill-building through fun, structured games. Short coaching cues, teamwork routines, emotional regulation, and clear boundaries to keep play organized and active.

Grades 4–5
More complex gameplay with strategy and small-group competition. Higher-skill progressions (throw/catch, foot skills), leadership opportunities, and team concepts.

Grades 6–8
Deeper understanding of offense/defense concepts, advanced skill progressions, leadership roles, strategy and decision-making, with more game-realistic competitive play.

ActiveEducation.com • 833-222-8483 6

Staffing,

Quality

&

Compliance
Our operations model is built around one standard: every site, every session, every week should look and

feel

the

same.

That

consistency

doesn’t

happen

by

accident,

it

comes

from

the

systems

we

have

in

place

before

a

coach

ever

steps

onto

a

field.

Staffing & Coverage • All staff complete required FUSD background checks before working with any students • All staff complete mandated reporter training in compliance with California law • All staff complete Active Education’s internal onboarding and coach preparation requirements • All staff have completed Active Education Live-Scan, Mandated Reporter Training, Concussion Training

and

provided

a

negative

TB

test
• A dedicated Program Manager oversees scheduling, coverage, and day-to-day execution across

all

33 sites,

reporting

directly

to

Lee

Hartley

Coaching Methodology: Active Praise All Active Education coaches are trained in Active Praise - our CORE coaching methodology. Active Praise

is

a

structured

framework

that

turns

games

into

powerful

learning

experiences,

maximizes

student

engagement,

and

embeds

SEL

and

PBIS-aligned

behavior

management

directly

into

the

flow

of

play.

It

is

proactive

and

positive,

not

reactive

and

punitive.
• Coaches run dynamic, movement-rich games that keep students actively involved and on-task • Positive behavior is targeted and reinforced in real time - during the game, not after it • Games are delivered using a clear, step-by-step system that gives coaches confidence and students

structure
• PBIS and SEL language are woven seamlessly into coaching cues, transitions, and activity design
• Coaches use the “Power of Voice” - an Excited & Enthusiastic voice for energy and motivation, and

a

Calm

&

Slow

voice

for

instruction

and

de-escalation
• Games stay fresh through varied skills, challenges, and conditions that sustain participation and prevent

disengagement

ActiveEducation.com • 833-222-8483 7

Safe

&

Supportive

Environment
Every Active Education session, at every school, every week, begins with our “Active Zone” Routine.

Students

recite

our

four

expectations

aloud

together

before

play

begins.

This

creates

a

consistent

psychological

safety

net

across

all

33 sites

and

establishes

shared

ownership

of

the

environment

from

the

first

minute.

Active Zone Expectation
What It Means in Practice
Be Safe
No pushing, shoving, hitting, or kicking. Coaches enforce this immediately and consistently.

Be Respectful
Listen and follow directions. Students practice this through Captain roles and group huddles.

Be Responsible
Use equipment properly and play games the right way. Students are held to this standard with positive redirection.

Have Fun
Enjoy playing - smile, be positive, be kind, and help others have fun. This is the culture we build every day.

When behavior concerns arise, coaches follow a clear, tiered response: redirection → brief separation →

restorative

conversation

→

site

communication.

Conflicts

are

supported

with

coached

problem-solving

language

and

simple

tools

that

give

students

a

fair,

structured

way

to

resolve

disagreements

without

blame.

Example

-

rock,

paper,

scissors

+

winner

makes

open

minded

decision

on

what

happens

next.

Program Quality & Standards • Lead Instructors work directly with their staff cohort to ensure quality stays consistent across all sites • Coaches are evaluated against a clear standard of what good programming looks like and supported when

that

standard

isn’t

met
• Curriculum is delivered with a plan - coaches arrive prepared, not improvising - see 25/26 curriculum - https://www.activeeducation.com/fontana • Regular Program Manager and Lead Instructor meetings identify any areas or staff that need support • Program Managers monitor session delivery and escalate concerns before they become problems

ActiveEducation.com • 833-222-8483 8

Safety, Incident Reporting & Risk Management • All staff are trained in Active Education’s incident reporting procedures and understand their mandated

reporter

obligations
• Program Managers and Lead Instructors maintain constant dialogue and open communication with site

coordinators

-

supporting

their

staff

and

students,

sharing

any

incident

information,

and

encouraging

student

participation
• Any safety incident or concern is documented, reported, and communicated to school leadership promptly
• We operate on a proactive communication standard: any safety incident, behavioral concern, or program

disruption

is

communicated

to

the

site

point

of

contact

the

same

day.
• Risk is managed at the program level - protocols are in place, followed, and reinforced continuously throughout

the

year

Program Investment
The following outlines the complete cost structure for the 2026–2027 program across all 33 FUSD school

sites.

All

staffing,

equipment,

program

management,

and

quality

oversight

are

included.

Cost Item Rate Total
Per 2-hour session day (3+ staff) $420 per day — Per school (13 session days) $5,460 per school — Full program - 33 schools 33 schools × 13 days = 429 session days $180,180

Everything Is Included • All coaching equipment: soccer balls, mini goals, foam balls, cones, domes, bibs, and all multi-sport

activity

supplies
• Full staffing coverage, including overage of staff to cover any coach absence • Dedicated Program Manager overseeing all 33 sites: scheduling, delivery, and district communication
• X4 Lead Instructor quality reviews and coaching support across all sites throughout the year • All compliance requirements: Insurance, FUSD background checks, mandated reporter training, and

Active

Education

onboarding

for

every

staff

member

ActiveEducation.com • 833-222-8483 9

Program

Impact

&

Measurement
We believe measurement should be simple enough to actually use and honest enough to be worth using.

Our

approach

is

not

about

generating

reports

for

the

sake

of

it.

It

is

about

maintaining

a

clear,

ongoing

conversation

with

FUSD

sites

so

that

both

sides

know

how

the

program

is

performing,

and

both

sides

can

act

on

what

they

learn.

What We Track • Student participation and engagement: are students showing up, staying active, and invested in the

program?
• Session delivery quality: are coaches arriving prepared, running structured activities, and maintaining

the

Active

Zone

culture

consistently?
• Behavior and incident trends: are issues being caught early, handled correctly, and communicated

to

schools

without

delay?
• Site satisfaction: are school coordinators and site staff feeling supported, informed, and confident

in

the

program?
• Staff performance: our instructors are evaluated each month, and held to the high standards How We Report Incidents Measurement at Active Education is built into the rhythm of how we operate, not bolted on at the end of the

year.

FUSD

gets

regular

visibility

into

program

performance

through

a

simple,

consistent

communication

structure:

Frequency What FUSD Receives if any incidents
After session
Any incident, concern, or highlight communicated to the site coordinator same day - no surprises Within 24 hours
Incident report filed with site coordinator, district liaison and City of Fontana providing details of the incident Follow-up 24-48 hours
Connect with district liaison to follow up on the incident plus any recommended adjustments that need to be followed moving forward Upon request
Staff evaluation results, KPI reviews, and site-specific data at any point in the year End of each season
Survey & summary of program performance, site feedback, and any recommended adjustments for the following season

ActiveEducation.com • 833-222-8483 10

A

Two-Way

Conversation
We bring data to FUSD. FUSD brings feedback to us. That exchange is how the program stays honest and

keeps

improving.

If

something

is

not

working

at

a

specific

school

-

whether

it’s

a

staffing

issue,

an

activity

that’s

not

resonating,

or

a

site

coordination

challenge

-

we

want

to

be

informed

early

and

address

it

fast.

Our Program Manager is the point of contact for exactly this kind of feedback, and is empowered to make

adjustments

without

waiting

for

the

end

of

a

season.

End-of-season site staff surveys provide a broader snapshot of program health. Results are shared with the

City

of

Fontana

and

used

directly

to

inform

the

following

season’s

plan.

Live

survey

data

from

the

current

2025–2026

program

year

is

available

upon

request.

Check out survey data from 2024/25: CLICK HERE

Next

Steps
Active Education is ready to move forward and committed to making this a smooth, well-coordinated process

for

FUSD.

To

finalize

the

2026–2027

program,

we

are

prepared

to:

• Align on the district-wide rotation schedule and confirm individual school times • Finalize and distribute the full program calendar to all participating sites • Coordinate staffing assignments and complete all compliance requirements ahead of the program

start
• Address any questions from district leadership, site coordinators, or school principals • Modify any program elements to better reflect FUSD’s goals and priorities for the coming year We are proud of what we have built together with the City of Fontana, and we are committed to continuing

to

earn

that

partnership

every

session

day.

Active

Education

will

show

up

prepared,

communicate

clearly,

and

deliver

a

program

that

FUSD

students

and

school

partners

can

count

on.

Lee Hartley Operations Manager | Active Education [email protected] | 909-363-5945 ActiveEducation.com • 833-222-8483 11

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