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MEMORANDUM OF UNDERSTANDING
BETWEEN THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
AND THE CITY OF SAN PABLO
(BEACON COMMUNITY SCHOOLS INITIATIVE)
This Memorandum of Understanding (“ MOU”) is made this ___ day of ______, 2023, by and between the West Contra Costa Unified School District (“ District”) and the City of San Pablo (“City”). The District and City may be referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, City funds a mix of City-led and grantee-led programs to support the implementation of community schools, a strategy aimed at closing the opportunity gap to strengthen the abilities of San Pablo students, families and communities by attaining and maintaining the quality of life that contributes to healthy homes and a community in which all learn and are productive members; and
WHEREAS, for many years, through the San Pablo Beacon Community Schools Initiative (“Initiative”), City, District and community stakeholders have worked collaboratively to provide diverse, mutually -aligned resources to assist with the academic, social, civic , health, and achievement needs of San Pablo children and youth who attend schools within District’s boundaries; and
WHEREAS, through the Initiative, City and District have funded, through nonprofit lead agencies, Beacon Community School Directors ( “Beacon Directors”) for each of the following six (6) District schools where San Pablo children and youth attend school (“Community School Site(s)”): Bayview Elementary School, Dover Elementary School, E.M. Downer Elementary School, Lake Elementary School , Riverside Elementary School and Walter T. Helms Middle School; and
WHEREAS, the Beacon Directors serve as the lead for each Community School Site’s community partnerships and coordination of services teams, co- lead, co -develop, and support school -wide systems focusing on positive school culture and community engagement, and support data collection, analysis, communication to the larger school community , and work closely with the Community S chool Site principals, Community S chool Site staff, District, City and other community partners to plan, and align priorities; and
WHEREAS, the Beacon Directors also work closely with Community School Site staff, District, City and other community partners to implement complementary service programs at the Community School Sites, separately funded by City , that focus on Health and Wellness, Family Engagement, Literacy Enrichment, and School Culture and Climate (“Complementary Services Programs”); and
WHEREAS, the Parties are committed to continuing to fund the Beacon Directors at the Community School Site s and to implement the Complementary Services Programs separately Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 2 funded by the City at those sites for the current school year, and anticipate providing funding for Beacon Directors in future years.
NOW, THEREFORE, District and City agree as follows:
AGREEMENT
1. Beacon Community Schools Initiative.
1.1. The Initiative includes both the services provided by the Beacon Directors (“Beacon Directors Program”) and Complementary Services Programs described herein and in Exhibits A through D.
1.2. The Parties recognize that the Initiative is a collaborative effort among the City, District and the Lead CBO(s)(s), as defined herein, and the Parties agree that the City, District and Lead CBO(s)(s) shall have the roles and responsibilities set forth herein and as described in Exhibit B.
2. Beacon Directors Program.
2.1. Funding of Beacon Directors.
2.1.1. Contingent upon the San Pablo City Council lawfully appropriating funds for the purposes set forth herein , t he City shall provide the following amounts in Fiscal Years 2023- 24, 2024-25, 2025-26, and 2026 -27 to lead community-based organizations (“Lead CBO(s)(s)”) to be used by Lead CBO(s)(s) to pay for the salary and benefits of six (6) full-time Beacon Directors to provide the services described in Exhibit C at the Community School Sites (“City Contribution”):
Fiscal Year 2023-24: $ 490,063
Fiscal Year 2024-25: $ 502,938
Fiscal Year 2025-26: $ 515,094
Fiscal Year 2026-27: $ 530,275
City shall not be liable for any payment or cost related to employment of the Beacon Directors in excess of th e City Contribution for that particular Fiscal Year, nor for any unauthorized or ineligible costs.
2.1.2. Contingent upon the West Contra Costa County Unified School District’s Governing Board lawfully appropriating funds for the purposes set forth herein, District shall contribute the following amounts set forth below for each of Fiscal Years 2023 -24, 2024-2025, 2025-26, and 2026- 27 to help fund the salary and benefi ts of the six (6) Beacon Directors : (“District Contribution”):
Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 3 Fiscal Year 2023-24: $ 118,000
Fiscal Year 2024-25: $ 119,500
Fiscal Year 2025-26: $ 121,000
Fiscal Year 2026-27: $ 122,350
District shall not be liable for any payment or cost related to employment of the Beacon Directors in excess of the District Contribution for that particular Fiscal Year, nor for any unauthorized or ineligible costs.
2.1.3. For 2023-24, no later than thirty (30) days after execution of this MOU, and approval of this MOU by the San Pablo City Council and the District’s Governing Board, District shall deposit with the City $118,000 comprising the District Contribution for that fiscal year. For fiscal years 2024-25, 2025- 26 and 2026-27, the District shall deposit the District Contribution for each fiscal year as set forth above with the City by September 30th of that fiscal year.
2.1.4. Once District’s Contribution is deposited with the City for a fiscal year, City shall act as District’s fiscal agent and utilize District’s Contribution to pay the Lead CBO(s) for the funding of the salary and benefits of six (6) Beacon Directors. City will provide District with copies of monthly invoices and program narratives from Lead CBO(s) upon request.
2.2. Solicitation, Selection and Management of Lead CBO(s) and Beacon Directors.
2.2.1. With direct participation of at least one (1) District employee throughout the proc ess, City shall lead the solicitation and selection process for a qualified Lead CBO(s) to be the intermediary organization to hire six (6) full-time Beacon Directors, one (1) for each Community School Site.
2.2.2. Prior to the selection of a Lead CBO, the District’s Governing Board must approve that Lead CBO.
2.2.3. After the District’s Governing Board approves Lead CBO(s), City shall enter into an agreement with those Lead CBO(s), which will hire one (1) full-time Beacon Director for each Community School S ite, and that agreement shall require Lead CBO(s) and its subcontractors to:
2.2.3.1. Provide the services and meet the obligations of Lead CBO(s) as set forth herein;
2.2.3.2. Indemnify and defend both City and District;
2.2.3.3. Meet the same insurance levels and requirements as those applicable to the City and the District under this MOU and more particularly set forth in Exhibit E, plus:
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2.2.3.3.1. Sexual Abuse/Molestation Insurance and
Employers’ Liability Insurance, with limits of not less than $2,000,000 per occurrence and $4,000,000 general
aggregate. (Coverage may be provided as part of
Commercial General Liability cov erage, Professional
Liability coverage, or as a separate policy.)
2.2.3.3.2. Any other coverages and levels as the City and the District may mutually agree upon;
2.2.3.4. Name both City and District as additional insureds on those insurance policies;
2.2.3.5. Comply with and execute the required certifications for Criminal Background Check and Fingerprinting and TB Testing set forth in Exhibit F;
2.2.3.6. Comply with all statutes, rules and regulations pertaining to protection of information from disclosure, including, but not limited to the Family Education Rights and Privacy Act (20 U.S.C. 1232g) (“FERPA”), FERPA’s implementing regulations (34
C.F.R. 99.1- 99.67), Education Code section 49073 et seq., and Article I I of the California Constitution and enter into and execute the District’s form of Confidentiality Agreement; and
2.2.3.7. Comply with all applicable State and Federal laws for the services hereunder, including, but not limited to, those pertaining to labor standards, non- discrimination, the Americans with Disabilities Act, equal employment opportunity, and Drug Free Workplace Act.
2.2.4. The Parties recognize that as of the date of the execution of this MOU, City previously complied with the Lead CBO(s) solicitation, selection, and agreement requirements set forth herein and entered into an agreement with Bay Area Community Resources (BACR) to be Lead CBO(s) for the 2023- 24 Fiscal Year. The Lead CBO for fiscal years 2024-25, 2025-26 and 2026- 27 will be de cided following a competitive bidding process that will be undertaken by the City during fiscal year 2023- 24 for future Lead CBO(s) services. City shall develop its bid documents in consultation with the District to ensure that all District requirements are met.
2.2.5. City, in consultation with District, shall provide full project management of the Beacon Directors Program.
2.3. Scope of Beacon Directors Services.
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2.3.1. Through the Beacon Directors hired by Lead CBO(s), Lead CBO(s) shall provide the scope and range of services directed to the attainment of goals, milestones and performance commitments described in Exhibit s A through D.
2.3.2. City, in consultation with District, shall determine whether Lead CBO(s) are satisfactorily performing the services subject to this MOU.
2.3.3. District may, at any time, object to the use of a particular Lead CBO(s), or employee or subcontractor of Lead CBO(s), in its sole discretion, and that Lead CBO(s), employee or subcontractor of Lead CBO(s) shall no longer be used to provide services under the Initiative at the Community School Sites.
2.3.4. Because of the Beacon Directors’ scope of work, including collection and dissemination of data to Program Evaluator (as defined in Exhibit A ), and City’s oversight of Lead CBO(s)’s work, City, Lead CBO(s), and Program Evaluator must sign District’s form of Confidentiality Agreement.
3. Complementary Services Programs.
3.1 In addition to funding the salaries and benefits of Beacon Directors as set forth herein, the Parties recognize that the City currently provides the Lead CBO(s) with $140,937 in additional funding for the Complementary Services Programs, described in Exhibit D, at the Community School Sites for the 2023-24 Fiscal Year. These Complementary Services Programs are implemented by Beacon Directors in consultation with City, District, Community School Site principal, Community School Site staff and community partners. The City hopes to continue to provide funding for Complementary Services Programs geared towards the needs of the Community School Sites in fiscal years 2024-25, 2025-26, and 2026-
27. 3.2 District agrees to continue to work cooperatively with the Beacon Directors’ implementation of Complementary Services Programs funded by City consistent with the purposes set forth in Exhibit B.
3.3 District does not financially contribute to the funding of the Complementary Services Programs.
4. Term.
4.1. Either Party may terminate this MOU upon written notice to the other Party. Unless terminated earlier by either Party, the term of this MOU shall be from July 1, 2023 until June 30, 2027 (“Term”). The Term may be extended by mutual written agreement of the Parties and evidenced by an amendment to this MOU.
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5. Audit, Retention and Inspection of Records. Each Party, its designee, or any appropriate State or Federal agency, will have the right to review, obtain, copy, and audit all books, records, computer records, accounts, documentation and any other materials (collectively “Records”) pertaining to this M OU, including any Records in the possession of any contractors or subcontractors. The Parties shall, upon reasonable notice, provide copies of applicable Records or access to its premises, during normal business hours, for the purpose of inspecting and/or copying the Records. The Parties further agree to maintain the Records for a period of three (3) years after expiration of the Term of this MOU. Records related to any and all audits or litigation relevant to this MOU shall be retained for five (5) years after the conclusion or resolution of the matter.
6. Indemnification.
6.1. To the furthest extent permitted by California law, City shall protect, defend, indemnify and hold harmless District and its officers, agents, representatives, consultants, employees, trustees and volunteers, but excluding Lead CBO(s) and its employees and agents, (“Indemnified District Parties”) from any and all demands, liabilities, losses, damages, injury, claims, suits, and actions (“Claims”) of any kind, nature or description, inc luding, but not limited to, personal injury, death, property damage, and consultants’ and/or attorneys’ fees and costs, directly or indirectly resulting from the negligent or willful misconduct of the City or its officers, agents, representatives, consulta nts, employees or volunteers , but excluding Lead CBO(s) and its employees and agents , in the performance of this MOU except to the extent the Claims are directly or indirectly, in whole or in part, caused by the negligence or willful misconduct of the Inde mnified District Parties or Lead CBO(s) and its employees or agents.
6.2. To the furthest extent permitted by California law, District shall protect, defend, indemnify and hold harmless City and its officers, agents, representatives, consultants, employees, a nd volunteers , but excluding Lead CBO(s) and its employees and agents , (“Indemnified City Parties”) from any and all demands, liabilities, losses, damages, injury, claims, suits, and actions (“Claims”) of any kind, nature or description, including, but not limited to, personal injury, death, property damage, and consultants’ and/or attorneys’ fees and costs, directly or indirectly resulting from the negligent or willful misconduct of the District or its officers, agents, representatives, consultants, employees, trustees or volunteers, but excluding Lead CBO(s) and its employees and agents , in connection with this MOU, except to the extent the Claims are directly or indirectly, in whole or in part, caused by the negligence or willful misconduct of the Indemnified City Parties or Lead CBO(s) and its employees or agents.
6.3. The Parties’ obligations under this section shall survive termination or expiration of this MOU.
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7. Insurance. Each Party acknowledges that it is permissibly self -insured under applicable Government Code provisions and agrees to provide to the other Party upon execution and on an annual basis thereafter adequate proof of self-insurance and excess liability coverage that meets the insurance levels and requirements set forth in Exhibit E.
8. Further Assurances. The Parties each agree to take all such actions and to make, execute and deliver such other documents and instruments as reasonably requested to carry out the provisions, intent and purpose of this MOU.
9. Notices, Demands, and Communications Between the Parties . Formal notices, demands, and communications between the Parties shall be given either by (a) personal service, (b) delivery by reputable document delivery service such as Federal Express that provides a receipt showing the date and time of delivery, or (c) mailing utilizing a certified or first class mail postage prepaid service of the United States Postal Service that provides a receipt showing date and time of delivery , with a courtesy copy to be delivered by electronic mail (email), addressed to:
To the District: Interim Associate Superintendent, Business Services West Contra Costa Unified School District, Business
Services
1400 Marina Way South
Richmond, CA 94804
(email: [email protected]
)
To the City: City Manager
City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
(email: [email protected])
Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as any Party may from time to time designate in writing.
10. Authority; Authorized Signatories . Each Party represents and warrants that it is authorized to execute and perform this MOU, and that the persons executing this MOU on such Party’s behalf have been duly authorized to do so.
11. Counterparts. This MOU may be executed in counterparts, each of which shall be an original, and all of which taken together shall constitute one and the same instrument.
Unless otherwise prohibited by law, District, or City policy, the Parties agree that an electronic copy of this MOU, or an electronically signed MOU, has the same force and legal effect as the MOU executed with an original ink signature. The term “electronic copy Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 8 of this MOU” refers to a transmission by electronic mail, or other electronic means of a copy of the original signed MOU in a portable document format. The term “electronically signed MOU” means the MOU that is executed by applying an electronic signature using technology approved by the District and the City.
12. Amendments. No alteration or variation of the terms of this MOU will be valid unless made in writing and signed by the Parties.
13. No Third-Party Beneficiaries. No provision of this MOU shall be construed to confer any rights upon any person or entity who is not a Part y hereto, whether a third -party beneficiary or otherwise.
14. Severability. If any term, provision, covenant, or condition of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this MOU shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU. In the event that all or any portion of this MOU is found to be unenforceable, this MOU or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the Parties; and the Parties further agree that in such event, and to the maximum extent permitted by law, they shall take all steps necessary to comply with such procedures or requirements as may be necessary in order to make valid this MOU or that portion which is found to be unenforceable.
15. Governing Law. This MOU shall be construed in accordance with and governed by the laws of the State of California. The Parties furth er agree that any action or proceeding brought to enforce the MOU shall be maintained in Contra Costa County.
16. Relationship of Parties. The provisions of this MOU are intended solely for the purpose of defining the relative rights of the District and the City and no relationship of partnership, joint venture or other joint enterprise shall be deemed to be created hereby by and among the Parties pursuant to this MOU.
17. Interpretation. The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against any Party by reason of the authorship of this MOU or any other rule of construction which might otherwise apply.
The Section headings are for purposes of convenience only and shall not be const rued to limit or extend the meaning of this MOU.
18. Successors. This MOU will be binding on the P arties, their assigns, successors, administrators, executors, and other representatives.
19. Entire Agreement. This MOU embodies the entire agreement of the Parties in relation to the matters contained herein, and no other understanding, whether verbal, written, or otherwise, exists among the Parties.
Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 9 IN WITNESS WHEREOF, this MOU, by and between the District and City, is executed as of the date of signature of the last Party to sign.
CITY OF SAN PABLO,
a California municipal corporation
By:
Matt Rodriguez
City Manager
Date:
APPROVED AS TO FORM:
By: ________________________________
Brian P. Hickey
City Attorney
WEST CONTRA COSTA UNIFIED
SCHOOL DISTRICT, a California public
school district
By:
Kim Moses
Interim Associate Superintendent,
Chief Business Officer
Date:
Attachments:
Exhibit A - San Pablo Beacon Community Schools Initiative Program Overview Exhibit B - San Pablo Beacon Community Schools Initiative Collaborative Leadership Roles and Responsibilities
Exhibit C - San Pablo Beacon Community School Initiative Beacon Director Roles Exhibit D - San Pablo Beacon Community School Initiative Complementary Services Programs Exhibit E - Insurance
Exhibit F - Criminal Background Check/Fingerprinting and Testing
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EXHIBIT A
San Pablo Beacon Community Schools Initiative Program Overview
Background
On November 21, 2011, the City of San Pablo City Council passed a resolution to develop a San Pablo Full Service Community Schools Initiative with the goal of transforming all schools in the City into Full Service Community Schools. In a Full -Service Commu nity School, the school district, city, county, community and faith- based organizations, businesses, families and philanthropists form a strong, deep and transparent partnership to jointly address the identified needs of students, families and the communit y in a comprehensive, integrated and accountable way.
The City of San Pablo conducts needs assessments to understand priority needs of children, youth and their families. The information collected guides the programmatic areas and overall direction of what is now called the San Pablo Beacon Community Schools Initiative (Initiative).
Scope of Work
To leverage partnership between c ities and s chools, the City of San Pablo provides funds for a Lead CBO(s) to employ Beacon Directors at six (6) San Pablo schools (also referred to herein as Community School Site(s)): Helms, Dover, Lake, Bayview, Downer and Riverside. The District provides funds that, in combination with City funds, pays for the salaries and related benefits of all six (6) Beacon Directors. T he City also provides additional funding to the Lead CBO(s) for Complementary Services Programs supporting youth development, youth literacy and violence prevention, based on the needs of each individual Community School Site.
The City of San Pablo, in collaboration with the District, manages the services of the Lead CBO(s) and Beacon Directors, overseeing their work plans and providing site support on implementation.
See Exhibit B for the roles and responsibilities of the various agencies involved in the Initiative.
Evaluation
The City of San Pablo’s Youth, School and Community Partnerships Division has contracted with Public Profit to evaluate the Initiative (“Program Evaluator”). The Program Evaluator provides evaluation reports for the continuous quality improvement of the Initiative and provides the public with information about the quality and benefits provided. Program Evaluator shall enter into and execute the District’s form of Confidentiality Agreement as defined in the MOU.
Performance Measures:
The City’s evaluation system measures the services contracted for and delivered under the Initiative. Beacon Directors and their Lead CBO(s) are responsible for data collection and complying with any monitoring and reporting requests that are made by the City’s Program Evaluator during the evaluation process. The Program Evaluator works with the Lead CBO(s) to Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 11 develop and distribute evaluation tools that will track performance measures. The mixed methods study design combines program attendance; stakeholder interviews; document review; and youth surveys to explore the evaluation questions, including, but not limited to, the following:
• Program Attendance: Lead CBO(s) staff record Initiative program enrollment and attendance data into the Cityspan database.
• Youth Surveys: Initiative programs that last the full year survey youth once in the Spring.
Initiative programs that have multiple cycles per year survey youth both in the Fall and the Spring.
• Stakeholder Interviews: Stakeholder interviews are conducted for the Coordination of Community Schools and the Family Engagement grant strategies. • Document Review: Program Evaluator reviews documents related to the coordination of community schools and related Initiative programs. Documents may include literacy data, self-assessment reports, youth/parent feedback, or any other prepared reports compiled by the Lead CBO(s) and/or City.
• Population level data: Program Evaluator collects and analyzes publicly available population level indicators to include in the findings report.
Evaluation Outputs:
Data is analyzed and summarized into a high -level citywide summary, an at- a-glance summary infographic, and six (6) Community S chool Site profiles. These annual reports are presented to City Council in the fall of each year and provided to the District.
Initiative Funding for FY 2023-2027
Fund Name Amount
FY 23/24
Amount
FY 24/25
Amount
FY 25/26
Amount
FY 26/27
City of San Pablo Beacon
Director Program Funds
$ 490,063 $ 502,938 $ 515,094 $ 530,275
District Beacon Director
Program Funds
$ 118,000 $ 119,500 $ 121,000 $ 122,350
City of San Pablo
Complementary Services
Programs Funds
$ 140,937 $ 147,062 $ 154,000 $ 155,750
TOTAL $ 749,000 $ 769,500 $ 790,094 $ 808,375
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EXHIBIT B
San Pablo Beacon Community Schools Initiative
Collaborative Leadership Roles and Responsibilities
The following sets forth the roles and responsibilities of each agency involved in delivering the Initiative.
City of San Pablo, Youth, School & Community Partnerships Division:
• Sets the overall mission, principles, values, and strategic direction of the Initiative, in collaboration with the District and informed by community needs and input. • Develops and executes Lead CBO contracts, ensures contract compliance, monitors fiscal practices and reports to City Finance Department and City Council. • Monitors programmatic implementation of Initiative and scale-up strategy. • In collaboration with Program Evaluator, monitors Lead CBO(s)’s adherence to the evaluation model, including data collection activities, continuous improvement, and reporting on the impact of services on children, youth, and families. • Facilitates and sustains relationships among multiple and diverse entities (District, Community School Sites, Lead CBO(s), County, others).
• Leverages resources to maximize investments in Community School Sites. • Facilitates Beacon Director and Lead CBO(s) meetings. • Produces Initiative-wide communications; develops and distributes program information. • Sets accountability and quality standards for Initiative program areas funded by the City. • In collaboration with District, fosters consistency in Initiative philosophy and direction across all Community School Sites.
• Contributes funding for the Beacon Directors Program and Supplementary Services Program in the amounts established in this MOU.
West Contra Costa Unified School District, Community Engagement Department • Collaborates with City on setting overall mission, principles, values, and strategic direction of the Initiative.
• Leverages existing District resources to maximize the City’s investments in Community School Sites.
• Contributes funding for Beacon Directors in the amounts established in this MOU. • Collaborates with City on review and selection of Lead CBO(s). • Leads professional learning communities and provides technical assistance to Beacon Directors.
• Through the use of the District’s Confidentiality Agreement, provides Beacon Director access to District student data for Cityspan Technologies, a web-based data system to track Initiative programs and participants.
• Supports providing access to Lead CBO(s) and City to school facilities for Initiative programs and services; including afterschool, weekend, school breaks, and summer. • Promotes alignment and coordination with Complementary Services Programs, Family Engagement programs, Culture & Climate programs, Health & Wellness programs, and Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 13 Expanded Learning programs.
Beacon Community Schools Initiative Lead CBO(s)
Advocacy & Communication
• Establishes and maintains mutually beneficial relationships with key internal and external stakeholders including families, District staff, local businesses, leaders, and community- based organizations, etc.
• Promotes the Initiative, its programs and services, through marketing, social media, and communications.
Strategic Planning & Sustainability
• Develops consensus among key stakeholders in alignment with the Initiative vision, goals, and priority service areas.
• Provides a work plan documenting SMART (specific, measurable, achievable, realistic, timely) goals and strategies to achieve identified priorities. • Provides match funding to City of San Pablo grant dollars. • Demonstrates and documents best practices and progress toward established Initiative vision, and concrete results for children, youth, and families in the school community and neighborhood.
Staffing & Program Development
• Hires, supervises, trains and provides performance reviews of six (6) Beacon Directors and staff. Includes City of San Pablo and District in hiring of Beacon Director Program staff.
• Oversees day to day operations of the Initiative activities, programs and services. • Provides professional development for Beacon Directors to maintain high quality staff. • Supports Beacon Director integration within the Community School Site, Lead CBO(s), and community.
• Develops, implements, and improves program offerings based on children, youth and family strengths and needs.
• Oversees subcontracting contract development and compliance, including adherence to provisions in the City of San Pablo Lead Agency Grant Agreement and District requirements.
• Fosters innovation in youth development, community development and education strategies.
• Regularly assesses and documents Initiative programs and staff progress. • Supports and participates in City of San Pablo programs and signature events. • Maintains ongoing communication with City of San Pablo staff.
Fiscal Management & Minimum Grant Requirements
• Provides financial oversight of all Initiative programs and services. • Develops accurate, comprehensive, up to date budgets and provides them to the City of San Pablo.
• Ensures adequate cash flow and timely invoicing to the City of San Pablo.
Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 14 • Provides timely reports to City of San Pablo.
• Provides insurance documents to the City of San Pablo – Certificate of Insurance, Additionally Insured Endorsement, Waiver of Subrogation, Physical Abuse and Molestation Insurance, among others as required by this MOU. Provides these documents to District upon request.
• Monitors and meets participant and attendance targets for Initiative programs and services.
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EXHIBIT C
SAN PABLO BEACON COMMUNITY SCHOOL INITIATIVE
BEACON DIRECTOR ROLE
Lead CBO(s) employs one full-time Beacon Director at each of the following six (6) Community School Sites:
• Bayview Elementary School
• Dover Elementary School
• E.M. Downer Elementary School
• Lake Elementary School
• Riverside Elementary School
• Walter T. Helms Middle School
The main role of each Beacon Director is to serve as the lead for each Community School Site ’s community partnerships and coordination of services teams, co- lead, co -develop, and support school-wide systems focusing on positive school culture and community engagement, and support data collection, analysis, and communication to the larger school community. The Beacon Directors work closely with their respective Community School Site principals, staff, community partners and Lead CBO(s) to plan, align priorities, and implement the Complementary Services Programs set forth in Exhibit D.
In addition, the District, each Community School Site and its administration, may work directly with the Beacon Director and Lead CBO(s) to add other f ocus areas to address specific and emergent needs at the respective Community School Site.
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EXHIBIT D
SAN PABLO BEACON COMMUNITY SCHOOL INITIATIVE
COMPLEMENTARY SERVICES PROGRAMS
District and City recognize that City provides a total of $140,937 in funding through its contract with Lead CBO(s) to fund the following Complementary Services Programs at the Community School Sites for the 2023-24 fiscal year. The District does not financially contribute to the funding of Complementary Services Programs.
Eligible Uses for Fiscal Year 2023-24 Complementary Services Program Funding:
• Core Program Funds: These are flexible funds that can be used for identified needs at the Community School Site, in consultation among the Beacon Director, Community School Site Administration, Lead CBO(s) , District and City (“Core Funds ”). With City’s written authorization, Core Funds may be used to augment Beacon Director salaries and benefits in appropriate circumstances.
• Focused Strategy Area Program Funds: The City establishes focused strategy areas at the onset of each City funding cycle, based on identified community needs at particular Community School Sites. These focused strategy areas may change or be eliminated in future funding cycles depending on future communi ty needs assessment results and City budgetary constraints and approvals.
o Youth Leadership Development Programs : Funds can be used for student leadership clubs, activities, and/or events.
o Literacy Programs : Funds can be used for school -wide and/or large group literacy enrichment events and activities.
o Violence Prevention & Intervention Programs: Funds can be used for socio- emotional and mental health services and supports for individual students and/or groups of students.
City’s Complementary Services Program Funding for FY 2023-24
Helms Bayview Dover Downer Lake Riverside
Core Program Funds $ 6,680 $ 5,121 $ 6,180 $ 5,121 $ 5,121 $ 5,121 Youth Leadership
Development Programs
$ 6,176
$ 4,378
$ 6,180
$ 4,377
$ 4,377
$ 4,377
Literacy Programs $ 773 $ 1,288 $ 1,803 $ 1,288 $ 1,288 $ 1,288 Violence Prevention &
Intervention Programs
$ 0
$ 35,000
$ 35,000
$ 0
$ 0
$ 0
SITE TOTALS $ 13,629 $ 45,787 $ 49,163 $ 10,786 $ 10,786 $ 10,786
The eligible uses for any Complementary Services funding the City in its sole discretion may decide to provide for Fiscal Years 2024-25, 2025-26, and 2026-27 will be determined at a later Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 17 time based on the particular needs at Community School Sites.
Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 18
EXHIBIT E
INSURANCE
The Parties, at their sole cost and expense, shall each procure and maintain for the duration of this MOU sufficient self -insurance and excess liability coverage to meet the following minimum coverage against claims for injuries to persons or damage to property which may arise from, or in connection with, the Parties’ performance of under this MOU.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The coverage described in Insurance Services Office Form Number GL 0002 (Ed. 01/96) covering Commercial General Liability together with Insurance Services Office Form Number GL 0404 covering Broad Form Comprehensive General Liability; or that described in Insurance Services Office Commercial General Liability coverage (“occurrence”) Form Number CG 0001 (Ed. 01/96), including X.C.U. (Explosion, Collapse and Underground) coverage.
2. The coverage described in Insurance Services Office Form Number CA 0001 (Ed. 12/93) covering Automobile Liability, Code 1 “any auto”, or Code 2 “owned autos” and Endorsement CA 0025. Coverage shall also include Code 8 “hired autos” and Code 9 “non-owned autos”; and
3. Workers’ Compensation insurance as required by the California Labor Code and Employers Liability.
B. Minimum Limits of Insurance
Parties shall maintain limits no less than:
1. Commercial General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; and
3. Workers’ Compensation and Employers’ Liability: Workers’ Compensation limits as required by the California Labor and Employers Liability limits of $1,000,000 per accident.
C . Other Insurance Provisions
Mou: WCCUSD and San Pablo (Funding Beacon Community Schools Initiative) Page 19 Each policy shall contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability, Automobile Liability Coverage:
a. The City shall cover District, its officers, employees, agents, contractors and volunteers, excluding the Lead CBO(s), as additional insureds on these policies.
b. The District shall cover City, its officers, employees, agents, contractors and volunteers, excluding the Lead CBO(s), as additional insureds on these policies.
c. Any failure to comply with reporting provisions of the policies by the Party holding the insurance shall not affect coverage provided to the other Party, its officers, employees, agents, contractors, or volunteers.
2. All Coverage:
Each insurance policy required by this MOU shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the other Party.
E. Acceptability of Insurers
Except as to self -insured amounts, insurance is to be placed with insurers with a current A.M. Best Insurance rating of no less than A -minus: VII, or the equivalent provided through a risk-pooling joint powers authority operating pursuant to Government Code section 6500, et seq.
F. Verification of Coverage
Each Party shall furnish the other Party with certificates of insurance and with original endorsements affecting coverage required by this MOU within 10 days of execution and approval of this MOU by San Pablo City Council and the District’s Governing Board. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
Proof of insurance shall be provided the other Party pursuant to the Notice provisions set forth in this MOU.
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EXHIBIT F
FORMS OF CRIMINAL BACKGROUND CHECK/FINGERPRITING AND TB
TESTING FOR INCLUSION IN LEAD CBO(S) AGREEMENT
Criminal Background Check/Fingerprinting
THE UNDERSIGNED MUST CHECK EACH BOX AND EXECUTE THIS FORM AND HEREBY CERTIFIES TO THE GOVERNING BOARD OF THE DISTRICT THAT:
☐ Fingerprinting / Background Check Certification (Education Code § 45125.1). Pursuant to Education Code Section 45125.1, Contractor has obtained for any employee (or subconsultant(s)’s employee) who will interact with pupils, outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee, a valid criminal records summary provided by the Department of Justice (DOJ).
- The employee must provide sets of fingerprints to the DOJ that the DOJ will use to obtain criminal record summary information from itself and the Federal Bureau of Investigation (FBI).
- The DOJ shall review the criminal record summary it obtains from its internal search and from the FBI to ascertain whether an applicant for employment has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony. If the criminal record summary for an employee reflects a conviction or arrest for any of these, that employee shall not perform any services for the District.
- The Contractor shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency that it is contracting with pursuant to the subsequent arrest service.
☐ Megan’s Law (Sex Offenders). I have verified and will continue to verify that the employees of Contractor that will be on the District site and the employees of Contractor’s subcontractor(s) that will be on the District site are not listed on California’s “Megan’s Law” Website (http://www.meganslaw.ca.gov/).
I ACKNOWLEDGE AND CERTIFY UNDER PENALTY OF PERJURY THAT I AM
DULY AUTHORIZED TO LEGALLY BIND THE CONTRACTOR TO ALL
PROVISIONS AND ITEMS INCLUDED IN THESE CERTIFICATIONS, THAT THE
CONTENTS OF THESE CERTIFICATIONS ARE TRUE, AND THAT THESE
CERTIFICATIONS ARE MADE UNDER THE LAWS OF THE STATE OF
CALIFORNIA.
Date:
Proper Name of Contractor:
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Signature:
Print Name:
Title:
Tuberculosis (TB) Screening. Check one of the following boxes:
☐The District has a statement of TB Clearance on file for each person.
☐Waiver of TB Screening. The Contractor is not required to provide evidence of TB Clearance because the Contractor will not work directly with students on more than an occasional basis.
INITIAL HERE: (Contractor initials)
INITIAL HERE: (District Representative initials)