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: __________________________
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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.
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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]
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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
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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