SERVICE AGREEMENT FOR EXPANDED LEARNING PROGRAMS This Service Agreement (“Agreement”) is entered into on June 09, 2026 (“Effective Date”), by
and
between
the
Visalia
Unified
School
District,
a
California
public
school
district
(“District”),
and
City
of
Visalia,
a
California
government
entity
(“Contractor”).
District
and
Contractor
may
be
referred
to
herein
individually
as
a
“Party”
or
collectively
as
the
“Parties.”
RECITALS WHEREAS , the California Legislature established the Expanded Learning Opportunities Program
(“ELOP”),
providing
local
educational
agencies
(“LEAs”)
funding
for
before
school,
after
school,
summer,
or
intersession
learning
programs
that
focus
on
the
academic,
social,
emotional,
and
physical
needs
and
interests
of
students
through
hands-on,
engaging
learning
experiences;
and
WHEREAS , the District receives funding for the following (“Program Funding”): ⁃ After School Education and Safety (ASES) to implement an after-school program, ⁃ Extended Learning Opportunities Program (ELOP) funds to implement an expanded learning
program,
⁃ Federal After School Safety Enrichment for Teens (ASSETs) Grant to implement an expanded
learning
program
at
the
high
school
level,
⁃ Federal 21st Century Community Learning Centers Grant (21st CCLC) to implement an after-school
expanded
learning
program,
⁃ Federal 21st Century Community Learning Centers (21st CCLC) Supplemental Grants to
implement
an
ELOP
outside
of
the
regular
180-day
school
year;
and
WHEREAS , the District wishes to partner with community entities to provide before school,
after
school,
summer,
or
intersession
learning
programs
to
District
students;
and
WHEREAS , Contractor is duly licensed, qualified, and willing to provide an enrichment program
in
accordance
with
all
ELOP
and
Program
Funding
requirements
relevant
to
its
program
for
District
students;
and
WHEREAS , the District desires to hire Contractor, and Contractor agrees, to provide expanded
learning
services
to
District
students
in
grades
1 through
6 at
various
District
schools
(“School
Sites”)
in
accordance
with
ELOP
and
Program
Funding
requirements;
and
WHEREAS , Contractor agrees to provide the expanded learning program(s) specified in Exhibit
A,
which
will
be
referred
to
(collectively)
as
“Contractor
Program(s)”;
and
WHEREAS , District and Contractor will work collaboratively to develop, support, coordinate,
and
provide
academic
enrichment
programs
and
recreational
activities
for
District
students
in
accordance
with
ELOP
and
Program
Funding
requirements.
NOW, THEREFORE , in consideration of the mutual promises, assurances, covenants, and other
consideration
set
forth
below,
the
Parties
agree
as
follows:
1 AGREEMENT 1. Recitals . The Parties agree that the recitals set forth above are true and correct. 2. Term . The term of this Agreement shall commence on August 13, 2026, and terminate
on
June
04,
2027,
(“Term”)
unless
otherwise
stated
in
Section
6 below.
There
shall
be
no
extension
of
the
Term
without
a
written
amendment
signed
by
all
Parties
and
approved
by
the
District’s
governing
board.
3. Scope of Services . Contractor agrees to provide the specific services (“Services” or “Scope
of
Services”)
described
in
Exhibit
A
–
Scope
of
Services
,
attached
hereto
and
incorporated
herein
by
reference.
4. Contractor Duties . Contractor agrees to carry out the responsibilities described in Exhibit
B
–
Contractor
Duties
,
attached
hereto
and
incorporated
herein
by
reference.
5. District Duties . District agrees to carry out the responsibilities described in Exhibit C
–
District
Duties
,
attached
hereto
and
incorporated
herein
by
reference.
6. Termination . Either Party may terminate this Agreement at any time by giving thirty
(30)
days
advance
written
notice
to
the
other
Party
pursuant
to
the
“Notices”
section
below.
Notwithstanding
the
foregoing,
District
may
terminate
this
Agreement
at
any
time
by
giving
written
notice
to
Contractor
if:
a) Contractor materially breaches any of the terms of this Agreement; b) Any act or omission of Contractor or its employees, agents, or volunteers exposes District to
potential
liability
or
may
cause
an
increase
in
District’s
insurance
premiums;
c) Contractor is adjudged bankrupt; d) Contractor makes a general assignment for the benefit of creditors; e) A receiver is appointed because of Contractor’s insolvency; and/or f) Contractor fails to comply with the fingerprinting, criminal background check, and/or tuberculosis
certification
sections
of
this
Agreement.
Written notice of termination by the District shall be sufficient to stop further performance of Services
by
Contractor.
Such
termination
shall
be
effective
immediately
upon
Contractor’s
receipt
of
the
notice.
In
the
event
of
early
termination,
Contractor
shall
invoice
District
within
thirty
(30)
days
of
the
termination
for
all
outstanding
fees
and
expenses
incurred
up
to
the
date
of
termination
which
are
due
and
payable
to
Contractor
by
the
District.
Upon
payment
by
District,
District
shall
be
under
no
further
obligation
to
Contractor,
monetarily
or
otherwise.
Upon a material breach, the Agreement may be terminated following the failure of the defaulting party
to
remedy
the
breach
to
the
satisfaction
of
the
non-defaulting
party
within
five
(5)
days
of
written
notice
specifying
the
breach.
If
the
nature
of
the
breach
is
such
that
it
cannot
be
cured
within
a
five
(5)
day
period,
the
Parties
may
consent
in
writing
to
a
different
time
period
in
which
the
defaulting
party
may
cure
the
failure.
If
the
breach
is
not
remedied
within
the
five
(5)
day
period
or
the
additional
time
agreed
upon
in
writing,
the
non-defaulting
party
may
terminate
the
Agreement
upon
written
notice
specifying
the
date
of
termination.
2 Termination of this Agreement shall not terminate Contractor’s obligations to indemnify, to maintain
and
make
available
any
records
pertaining
to
the
Agreement,
to
cooperate
with
any
audit,
to
be
subject
to
offset,
or
to
make
any
reports
of
pre-termination
contract
activities.
7. Contractor Qualifications . Contractor represents and warrants that Contractor and all
of
Contractor’s
employees,
agents,
or
volunteers,
have
in
effect
and
shall
maintain
in
full
effect
throughout
the
Term
of
this
Agreement
all
licenses,
credentials,
permits,
and
any
other
qualifications
required
by
law
to
perform
the
Services
and
to
fully
and
faithfully
satisfy
all
terms
set
forth
in
this
Agreement.
All
Contractor
employees,
agents,
or
volunteers
who
directly
supervise
students
shall,
at
a
minimum,
meet
the
qualifications
for
an
instructional
aide.
Contractor
shall
provide
proof
of
such
licenses,
credentials,
permits,
or
any
other
required
qualifications
upon
reasonable
request
by
District.
Contractor
agrees
to
perform
all
Services
and
requirements
of
this
Agreement
in
a
professional
and
competent
manner,
consistent
with
federal,
state,
and
local
law.
Contractor
represents
that
Contractor
has
sufficient
resources
and
staff
to
fully
perform
all
Services
and
requirements
of
this
Agreement.
8. Payment of Fees for Services and Expense Reimbursement . District agrees to pay Contractor
for
services
rendered
pursuant
to
this
Agreement
in
an
amount
and
manner
described
in
Exhibit
D
–
Fee
and
Payment
Structure
,
attached
hereto
and
incorporated
herein
by
reference.
9. Non-appropriation of Funds . Contractor understands that the payments made to Contractor
by
the
District
for
the
Services
provided
under
this
Agreement
are
derived
from
federal,
state,
or
local
funding
sources,
which
are
subject
to
curtailment,
reduction,
or
termination
by
government
agencies
beyond
the
control
of
the
District.
If
at
any
time
during
the
Term
of
this
Agreement,
the
District
does
not
appropriate
sufficient
funds
to
pay
for
Contractor
Services,
District
reserves
the
right
to
terminate
this
Agreement
in
accordance
with
Section
6. In
such
an
event,
District
shall
have
no
further
obligations
to
pay
any
funds
to
Contractor
or
furnish
any
other
consideration
under
this
Agreement,
and
Contractor
shall
not
be
obligated
to
perform
any
Services
pursuant
to
this
Agreement.
10. Equipment and Material . Except as provided below, Contractor, at its sole cost and
expense
and
without
reimbursement
by
District,
unless
expressly
stated
in
this
Agreement,
shall
provide
and
furnish
all
tools,
labor,
materials,
equipment,
transportation
services,
and
any
other
items
(collectively,
“Equipment”)
which
are
required
or
necessary
to
perform
the
Services
of
this
Agreement
in
a
manner
which
is
consistent
with
generally
accepted
standards
of
the
profession
for
similar
services.
Notwithstanding the foregoing, District shall not be responsible for any damages to persons or property
as
a
result
of
the
use,
misuse,
or
failure
of
any
Equipment
used
by
Contractor,
even
if
such
Equipment
is
furnished,
rented,
or
loaned
to
Contractor
by
District.
Furthermore,
District
may
reject
any
Equipment
that
does
not
conform
to
the
requirements
of
this
Agreement,
and
Contractor
must
then
promptly
remedy
or
replace
it
at
no
additional
cost
to
District
and
subject
to
District’s
reasonable
satisfaction.
District agrees to provide the following Equipment to Contractor (“District Equipment”): N.A. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________
3 11. Independent Contractor . In the performance of this Agreement, Contractor shall be
and
act
as
an
independent
contractor.
Contractor
is
not
an
agent
or
employee
of
District.
Notwithstanding
Contractor’s
status
as
an
independent
contractor,
District
shall
have
the
right
to
monitor
and
evaluate
Contractor’s
performance
to
ensure
compliance
with
Program
Funding,
federal
and
state
laws,
and
the
terms
and
conditions
of
this
Agreement.
Contractor
is
hereby
retained
to
provide
the
specified
Services
for
District.
Contractor
certifies
that
it
is
customarily
engaged
in
an
independently
established
trade,
occupation,
or
business
to
provide
the
Services
required
by
this
Agreement.
Contractor
understands
and
agrees
that
Contractor
shall
not
be
considered
officers,
employees,
agents,
partners,
or
joint
venturers
of
District,
and
are
not
entitled
to
benefits
of
any
kind
or
nature
normally
provided
to
District
employees
and/or
to
which
District’s
employees
are
normally
entitled.
Contractor
retains
full
supervision
and
control
over
the
employment,
direction,
compensation,
and
discharge
of
all
persons
assisting
Contractor
in
its
performance
under
this
Agreement.
With
respect
to
Contractor’s
employees,
Contractor
shall
be
solely
responsible
for
payment
of
wages,
benefits,
and
other
compensation,
compliance
with
all
occupational
safety,
welfare,
and
civil
rights
laws,
tax
withholding
and
payment
of
employment
taxes
whether
federal,
state,
or
local,
and
compliance
with
any
and
all
other
laws
regulating
employment.
12. Insurance . Without limiting Contractor’s liability, or indemnification obligations set forth
herein,
Contractor
shall
secure
and
maintain
insurance
consistent
with
the
requirements
contained
in
Exhibit
E
–
Insurance
Requirements
(which
is
attached
hereto
and
incorporated
herein
by
reference)
throughout
the
Term
of
this
Agreement.
Contractor
shall
not
commence
performing
any
portion
of
the
Services
until
all
required
insurance
has
been
obtained
and
certificates
indicating
the
required
coverages
have
been
delivered
to
and
approved
by
District.
13. Indemnification and Hold Harmless . Contractor shall defend, indemnify, and hold harmless
District
and
its
agents,
representatives,
officers,
consultants,
employees,
Board
of
Trustees,
members
of
the
Board
of
Trustees
(collectively,
the
“District
Parties”),
from
and
against
any
and
all
claims,
demands,
liabilities,
damages,
losses,
suits,
and
actions,
and
expenses
(including,
but
not
limited
to
attorney
fees
and
costs
including
fees
of
consultants)
of
any
kind,
nature,
and
description
(collectively,
the
“Claims”)
directly
or
indirectly
arising
out
of,
connected
with,
or
resulting
from
any
act,
error,
omission,
negligence,
or
willful
misconduct
of
Contractor,
or
Contractor’s
agents,
subcontractors,
employees,
material
or
equipment
suppliers,
invitees,
or
licensees
in
the
performance
of
or
failure
to
perform
Contractor’s
obligations
under
this
Agreement,
including,
but
not
limited
to
performance
of
the
Services,
breach
of
any
of
the
representations
or
warranties
contained
in
this
Agreement,
for
injury
to
or
death
of
persons,
damage
to
property,
delay,
or
damage
to
the
District
or
District
Parties.
Such
obligation
shall
not
be
construed
to
negate,
abridge,
or
reduce
other
rights
or
obligations
of
indemnity,
which
would
otherwise
exist
as
to
a
party,
person,
or
entity
described
in
this
paragraph.
Contractor’s
defense
and
indemnity
obligations
under
this
section
shall
arise
immediately
upon
the
filing
and/or
service
of
any
claim
or
action
against
District
arising
under
this
Agreement
and
shall
extend
to
all
such
claims
or
actions
except
those
based
on
the
sole
negligence
or
willful
misconduct
of
District.
The
indemnification
provided
for
in
this
section
also
includes
any
claims
that
may
be
made
against
the
District
by
any
taxing
authority
asserting
that
an
employer-employee
relationship
exists
by
reason
of
this
Agreement,
and
any
claims
made
against
District
alleging
civil
rights
violations
by
Contractor
under
the
California
Fair
Employment
and
Housing
Act.
This
indemnification
obligation
shall
continue
beyond
the
term
of
this
Agreement
as
to
any
acts
or
omissions
occurring
under
this
Agreement
or
any
extension
of
this
Agreement.
4 14. Fingerprinting/Criminal Background Investigation Certification . Contractor shall
at
all
times,
and
at
no
cost
to
the
District,
comply
with
the
fingerprinting
and
criminal
background
investigation
requirements
of
the
California
Education
Code
section
45125.1.
Before
performing
any
Services
under
this
Agreement,
Contractor
and
all
of
Contractor’s
employees
and
volunteers
providing
Services
shall
execute
and
return
the
District’s
Fingerprinting
Notice
and
Acknowledgement
form
and
the
required
certification,
which
are
attached
hereto
and
incorporated
herein
by
reference
in
Exhibit
F
.
Contractor warrants that Contractor and all employees and volunteers providing Services have completed
background
checks
and
have
been
fingerprinted
under
procedures
established
by
the
California
Department
of
Justice
and
the
Federal
Bureau
of
Investigation,
and
the
results
of
those
background
checks
and
fingerprints
reveal
that
none
of
these
Contractor
and
Contractor
Parties
have
been
arrested
or
convicted
of
a
serious
or
violent
felony,
as
defined
by
the
California
Penal
Code.
Contractor
shall
maintain
on
file
information
confirming
that
its
employees
have
passed
fingerprinting
and
criminal
background
investigation
requirements
of
the
Education
Code.
Contractor further agrees and acknowledges that, if at any time during the Term, the Contractor learns
or
becomes
aware
of
additional
information
which
differs
in
any
way
from
the
representations
set
forth
above
or
the
Contractor
adds
personnel,
the
Contractor
shall
immediately
notify
the
District
and
prohibit
any
new
personnel
from
having
any
contact
with
District
students
until
the
fingerprinting
and
background
check
requirements
have
been
satisfied,
and
the
District
determines
whether
any
contact
is
permissible.
15. Tuberculosis Certification . Contractor and its employees and volunteers providing Services
shall
at
all
times
comply
with
the
tuberculosis
(“TB”)
certification
requirements
of
Education
Code
section
49406.
Accordingly,
by
checking
the
applicable
boxes
below,
Contractor
hereby
represents
and
warrants
to
District
the
following:
☐ Contractor and employees and volunteers will only have limited contact or no contact (as determined
by
District)
with
District
students
at
all
times
during
the
Term
of
this
Agreement.
☒ The following Contractor employees or volunteers will have more than limited contact (as determined
by
District)
with
District
students
during
the
Term
of
this
Agreement
and,
at
no
cost
to
District,
have
received
a
TB
test
or
risk
assessment
in
full
compliance
with
the
requirements
of
Education
Code
section
49406:
________________________________
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ See attached letter(s) from a licensed medical professional. Contractor shall maintain on file the certificates showing that all employees and volunteers providing
Services
were
examined
and
found
free
from
active
TB.
These
forms
shall
be
updated
and
regularly
maintained
by
Contractor
and
shall
be
available
to
District
upon
request
or
audit.
Contractor further agrees and acknowledges that all new personnel hired to provide Services under this
Agreement
after
the
Effective
Date
of
this
Agreement
by
Contractor
are
subject
to
the
TB
certification
requirements
of
Education
Code
section
49406
and
shall
be
prohibited
from
having
any
contact
with
District
students
until
the
TB
certification
requirements
have
been
satisfied,
and
District
determines
whether
any
contact
is
permissible.
5 16. Drug and Smoke Free . Contractor shall ensure that there is no consumption or possession
of
drugs,
alcohol,
and/or
tobacco
products
at
any
time
during
the
implementation
or
performance
of
obligations
or
Services
under
this
Agreement,
other
than
those
items
which
are
necessary
for
a
student
or
employee’s
disability
as
permitted
by
law
and
District
policies.
17. Compliance with Program Funding Requirements . This Agreement is subject to the
Program
Funding
and
any
additional
restrictions,
limitations,
or
conditions
enacted
by
the
California
Department
of
Education
(“CDE”)
or
U.S.
Department
of
Education
(“DOE”),
which
may
affect
the
provisions,
terms,
or
funding
of
this
Agreement.
Both
parties
will
adhere
to
the
certified
assurances
for
an
after-school
component
as
indicated
in
the
grant
applications
if
such
assurances
are
not
previously
mentioned
in
this
Agreement.
The
Certified
Assurances
are
attached
hereto
and
included
herein
by
reference
as
Exhibit
G
.
18. Safety and Security . Contractor shall comply with all applicable federal, state, and local
laws,
regulations,
ordinances,
policies,
and
procedures
regarding
student
health
and
safety.
Contractor
must
request
student
health
information,
such
as
whether
the
student
has
allergies,
asthma,
diabetes,
etc.,
from
parents
or
guardians
before
student
enrollment
pursuant
to
Education
Code
section
8483.4.
Contractor
shall
also
be
responsible
for
ascertaining
and
adhering
to
all
District
Board
Policies
(“BP”)
and
Administrative
Procedures
(“AR”)
pertaining
to
student
health,
safety,
and
security,
including,
but
not
limited
to,
BP/AR
5142
and
BP/AR
3516,
which
are
attached
hereto
and
incorporated
herein
by
reference
as
Exhibit
H
.
In
addition
to
providing
the
fingerprinting
and
background
check
information
to
the
District
set
forth
in
Section
14,
Contractor
shall
work
with
the
District
to
deliver
any
additional
necessary
information
related
to
Contractor
and
all
Contractor
employees
and
volunteers
providing
Services
so
the
District
can
issue
a
badge
to
each
person,
which
shall
be
utilized
to
access
school
sites
in
provision
of
such
Services.
19. Incident Reporting . Contractor must notify the District of the occurrence of any accident,
incident,
or
health-
or
safety-related
event
within
twenty
four
(24)
hours
and
submit
a
written
report
within
seven
(7)
days
of
its
occurrence
in
accordance
with
Education
Code
section
8483.4.
20. Taxes . All payments made by District to Contractor pursuant to this Agreement shall
be
reported
to
the
applicable
federal
and
state
taxing
authorities
as
required.
Unless
required
by
law,
District
will
not
withhold
any
money
from
fees
payable
to
Contractor,
including
FICA
(social
security)
and
state
or
federal
unemployment
insurance
contributions,
income
tax,
or
disability
insurance.
If
applicable,
Contractor
shall
assume
full
responsibility
for
payment
of
all
federal,
state,
and
local
taxes
or
contributions,
including
unemployment
insurance,
social
security,
and
income
taxes
with
respect
to
its
employees
and
otherwise
in
connection
with
this
Agreement.
Further, the Parties agree as follows ( check one of the following ):
☒
Contractor
and
its
employees
are
neither
CalPERS
nor
CalSTRS
retirees.
☐
CalSTRS
Post-Retirement
Employment
Notice
.
The
Parties
acknowledge
that
the
Contractor
is
a
CalSTRS
retiree
and
is
subject
to
post-retirement
employment
restrictions.
The
CalSTRS
Post-Retirement
Employment
Notice
is
attached
hereto
and
incorporated
herein
by
reference
as
Exhibit
I
.
☐
CalPERS
Post-Retirement
Employment
Notice
.
The
Parties
acknowledge
that
the
Contractor
is
a
CalPERS
retiree
and
is
performing
the
services
set
forth
in
this
Agreement
as
an
independent
contractor,
with
no
employer-employee
relationship
existing
between
the
6 District and Contractor. Prior to Contractor beginning the services set forth in this Agreement,
a
formal
written
independent
contractor
determination
must
be
made
by
CalPERS,
establishing
the
Contractor
is
an
independent
contractor
and
can
work
without
post-retirement
restrictions.
The
CalPERS
Notice
of
Exclusion
is
attached
hereto
and
incorporated
herein
by
reference
as
Exhibit
J
.
21. Retirement . Notwithstanding any other provision of this Agreement, the District shall
not
be
liable
for
any
retirement
consequences
to
the
Contractor
or
its
employees.
The
Contractor
shall
assume
sole
responsibility
and
liability
for
any
and
all
retirement
consequences
that
may
result
from
this
Agreement,
including,
but
not
limited
to,
all
retirement
consequences
stemming
from
any
payments
made
to
the
Contractor
as
a
result
of
the
termination
without
cause
provision
of
this
Agreement,
retirement
payments,
expense
reimbursements,
automobile
allowances,
and
payments
for
insurance.
22. Confidential Information . All District information disclosed to Contractor during the
course
of
performance
of
Services
and
obligations
under
this
Agreement
shall
be
treated
as
confidential
and
shall
not
be
disclosed
to
any
other
persons
or
parties
excepts
as
authorized
by
District
or
required
by
law.
Contractor
shall
maintain
the
confidentiality
of,
and
protect
from
unauthorized
disclosure,
any
and
all
individual
student
information
received
from
the
District,
including
but
not
limited
to
student
names
and
other
identifying
information.
Contractor
shall
not
use
such
student
information
for
any
purpose
other
than
carrying
out
the
obligations
under
this
Agreement.
Upon
termination
of
this
Agreement,
Contractor
shall
turn
over
to
District
all
educational
records
related
to
the
Services
provided
to
any
District
student
pursuant
to
this
Agreement.
Contractor
further
agrees
to
comply
with
the
Privacy
Requirements
listed
in
defined
in
Exhibit
K
,
which
is
attached
hereto
and
incorporated
herein
by
reference.
23. Records and Audits . Contractor shall maintain complete and accurate records with respect
to
the
Services
rendered
and
the
costs
incurred
under
this
Agreement,
including
records
with
respect
to
any
payments
to
employees
and
subcontractors.
All
such
records
shall
be
prepared
in
accordance
with
accounting
methods
and
procedures
required
by
state
and
federal
laws
and
regulations,
including,
but
not
limited
to,
the
California
School
Accounting
Manual
(“CSAM”).
Upon
request,
Contractor
shall
make
such
records
available
to
District
for
the
purpose
of
auditing
and
copying
such
records
for
a
period
of
five
(5)
years
from
the
date
of
final
payment
under
this
Agreement.
24. Notices . Any and all written notices relating to this Agreement shall be deemed duly serviced
if
personally
served
upon
or
delivered
via
registered,
certified,
or
overnight
at
the
following
address:
If to District, to:
Name: Kirk Shrum Title: Superintendent Address: 5000 W. Cypress Ave. Visalia, CA 93291 Telephone: 559-730-7300 Email: [email protected] If to Contractor, to:
Name: Leslie Caviglia Title: City Manager Address: 220 N. Santa Fe Street Visalia, CA 93292 Telephone: 559-713-4314 Email: [email protected] 7 25. Assignment, Successors, and Assigns . Neither Party shall assign any right, title, or interest
it
may
acquire
by
reason
of
this
Agreement,
except
after
first
obtaining
the
written
consent
of
the
other
Party.
District
is
relying
on
the
skill,
training,
and
experience
of
Contractor
and,
as
such,
Contractor
shall
not
assign
or
transfer,
by
operation
of
law
or
otherwise,
any
or
all
of
its
rights,
burdens,
duties,
or
obligations
under
this
Agreement
without
the
prior
written
consent
of
District.
Subject
to
the
foregoing,
this
Agreement
shall
be
binding
on
the
heirs,
executors,
administrators,
successors,
and
assigns
of
the
respective
Parties.
26. Time is of the Essence . Time is of the essence for performance of the Services under
this
Agreement.
27. Amendments . The terms of this Agreement shall not be waived, altered, modified, supplemented,
or
amended
in
any
manner
whatsoever
except
by
written
agreement
signed
by
both
Parties
and
approved
by
the
District’s
governing
board.
28. Compliance with Law . Each and every provision of law and clause required by law to
be
inserted
into
this
Agreement
shall
be
deemed
to
be
inserted
herein,
and
this
Agreement
shall
be
read
and
enforced
as
though
it
were
included
therein.
Contractor
shall
comply
with
all
applicable
federal,
state,
and
local
laws,
rules,
regulations,
and
ordinances,
including
but
not
limited
to
fingerprinting
under
Education
Code
section
45125.1,
Education
Code
section
49406,
confidentiality
of
records,
and
others.
Contractor
agrees
that
it
shall
comply
with
all
legal
requirements
for
the
performance
of
duties
under
this
Agreement
and
that
failure
to
do
so
shall
constitute
material
breach.
29. Non-Discrimination . The Parties agree there shall be no unlawful discrimination in employment
or
in
the
implementation
or
performance
of
obligations
or
Services
under
this
Agreement
on
the
basis
of
any
characteristic
or
condition
upon
which
discrimination
is
prohibited
by
state
or
federal
law
or
regulation,
and
as
prescribed
in
California
Government
Code
§
12900,
et
seq.,
and
California
Labor
Code
§
1735,
including,
but
not
limited
to,
race,
religious
creed,
color,
national
origin,
ancestry,
physical
disability,
mental
disability,
medical
condition,
marital
status,
sex,
age,
genetic
information,
gender,
gender
identity,
gender
expression,
sexual
orientation,
or
military
and
veteran
status,
or
any
other
protected
class
or
characteristic.
30. Dispute Resolution . The Parties shall use their best efforts in good faith to mutually resolve
any
disputes
which
may
arise
between
the
Parties
relating
to
this
Agreement.
The
Parties
shall,
as
a
condition
precedent
to
initiating
any
litigation
against
the
other
Party,
demand
mediation
of
any
dispute.
The
Parties
shall
endeavor
to
include
any
third
party
claimant
in
the
mediation.
The
parties
shall
select
a
mediator
and
schedule
the
mediation
within
thirty
(30)
days
of
the
initial
demand
for
mediation.
If
the
parties
cannot
agree
on
a
mediator,
the
mediator
shall
be
appointed
by
JAMS.
The
parties
to
the
mediation,
including
the
parties
to
this
Agreement,
shall
pay
equal
shares
of
the
mediator’s
fees.
Each
Party
shall
bear
its
own
attorney’s
fees
related
to
the
mediation.
31. Liability of District . Notwithstanding anything stated herein to the contrary, District
shall
not
be
liable
for
any
special,
consequential,
indirect
or
incidental
damages,
including
but
not
limited
to
lost
profits
in
connection
with
this
Agreement.
32. Attorney’s Fees . If a Party to this Agreement commences a legal action against the other
Party
to
enforce
a
provision
of
this
Agreement
or
seek
damages
related
to
the
Services
provided
under
this
Agreement,
the
prevailing
Party
in
the
legal
action
will
be
entitled
to
recover
8 from the other Party all of its reasonable litigation expenses, costs, and fees actually incurred, including
reasonable
attorneys’
and
experts’
fees.
33. Severability . If any provision of this Agreement shall be held invalid or unenforceable
by
a
court
of
competent
jurisdiction,
or
the
parties
agree
that
any
such
provision
is
in
conflict
with
any
applicable
code
or
regulation
governing
the
subject,
such
holding
shall
not
invalidate
or
render
unenforceable
any
other
provision
of
this
Agreement.
34. Governing Law and Venue . This Agreement shall be governed by and construed in accordance
with
the
laws
of
the
State
of
California,
excluding
its
choice
of
law
rules.
Any
action
or
proceeding
seeking
any
relief
under
or
with
respect
to
this
Agreement
shall
be
brought
solely
in
the
Superior
Court
of
the
State
of
California
for
the
County
of
Tulare.
35. Ambiguity . The Parties to this Agreement hereby represent that the language contained
herein
is
to
be
construed
as
jointly
proposed
and
jointly
accepted,
and
in
the
event
of
any
subsequent
determination
of
ambiguity,
all
Parties
shall
be
treated
as
equally
responsible
for
such
ambiguity.
Accordingly,
the
provisions
of
California
Civil
Code
§
1654
will
not
apply
to
address
and
interpret
any
uncertainty.
36. No Authority to Bind . It is understood that neither Party, in its performance of any and
all
duties
under
this
Agreement,
has
authority
to
bind
the
other
Party
to
any
agreements
or
undertakings
with
respect
to
any
and
all
persons
or
entities
with
whom
such
Party
deals
in
the
course
of
its
business.
37. Waiver . No delay or omission by either Party in exercising any right under this Agreement
shall
operate
as
a
waiver
of
that
or
any
other
right
and
no
single
or
partial
exercise
of
any
right
shall
preclude
either
Party
from
any
or
further
exercise
of
any
right
or
remedy.
Furthermore,
the
failure
of
District
to
insist
on
strict
compliance
with
any
provision
of
this
Agreement
will
not
be
considered
a
waiver
of
any
right
to
do
so.
38. Entire Agreement . This Agreement is intended by the Parties as the final expression
of
their
agreement
with
respect
to
such
terms
as
are
included
herein
and
as
the
complete
and
exclusive
statement
of
its
terms
and
may
not
be
contradicted
by
evidence
of
any
prior
agreement
or
of
a
contemporaneous
oral
agreement,
nor
explained
or
supplemented
by
evidence
of
consistent
additional
terms.
39. Contents of Agreement . The Parties acknowledge that each of them has fully discussed
the
contents
of
this
Agreement
with
their
chosen
representatives
and/or
legal
counsel,
and
they
had
the
benefit
of
legal
counsel
in
negotiating
and
drafting
the
terms
of
this
Agreement.
This
Agreement
shall
not
be
construed
as
having
been
drafted
by
one
Party.
Rather,
it
is
the
product
of
the
negotiations
between
the
Parties.
40. Conflict of Interest . Contractor warrants that it has no actual or potential conflict of interest
with
the
District
in
respect
to
the
Services
to
be
performed
under
this
Agreement
for
the
District.
Contractor
agrees
to
comply
with
the
law
of
the
State
of
California
regarding
actual
or
perceived
conflicts
of
interest,
including,
but
not
limited
to
Government
Code
§
1090
et
seq.,
the
Political
Reform
Act
(Gov.
Code,
§
81000
et
seq.),
and
related
regulations
promulgated
by
the
California
Fair
Political
Practices
Commission.
Contractor
shall
not
acquire
any
interest
which
conflicts,
or
could
potentially
conflict,
in
any
manner
with
the
interests
of
the
District.
9 41. Execution of Other Documents . The Parties to this Agreement shall cooperate fully
in
the
execution
of
any
and
all
other
documents
and
in
the
completion
of
any
additional
actions
that
may
be
necessary
or
appropriate
to
give
full
force
and
effect
to
the
terms
and
intent
of
this
Agreement.
42. Execution in Counterparts . This Agreement may be executed in counterparts such that
the
signatures
may
appear
on
separate
signature
pages.
A
copy,
facsimile,
or
an
original,
with
all
signatures
appended
together,
shall
be
deemed
a
fully
executed
agreement.
43. Warranty of Authority . The persons who have signed this Agreement warrant that they
are
legally
authorized
to
do
so
on
behalf
of
the
respective
Parties
and,
by
their
signatures,
bind
the
respective
Parties
to
this
Agreement.
44. Ratification by School Board . This Agreement shall not become effective and enforceable
unless
and
until
it
has
been
ratified
and
approved
by
the
District’s
Governing
Board.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement effective on the
date
set
forth
below.
VISALIA UNIFIED SCHOOL DISTRICT By: Date: Kirk Shrum, Superintendent CITY OF VISALIA By: Date: Leslie Caviglia, City Manager By: Date: Ken Richardson, City Attorney By: Date: Andrew Guzman, Insurance & Benefits Manager Exhibits enclosed: Exhibit A – Scope of Services Exhibit B – Contractor Duties Exhibit C – District Duties Exhibit D – Fee and Payment Structure Exhibit E – Insurance Requirements Exhibit F – Fingerprinting Notice and Acknowledgement Form Exhibit G – Certified Assurances Exhibit H – Board Policy and Administrative Procedure 5142 and 3516 10 Exhibit I – CalSTRS Post-Retirement Employment Notice Exhibit J – CalPERS Notice of Exclusion Exhibit K – Privacy Requirements 11 EXHIBIT A Scope of Services Contractor will collaborate with District to provide safe, meaningful, and enjoyable after school education
and
enrichment
programs
that
focus
on
developing
the
academic,
social,
emotional,
and
physical
needs
and
interests
of
students
through
hands-on,
engaging
learning
experiences.
Contractor
agrees
to
be
a
flexible,
responsive
partner
to
the
District
and
to
collaborate
closely
to
accomplish
the
program
objectives
and
support
the
changing
needs
of
students
and
families.
Program Elements 1. Contractor agrees to provide Contractor Program(s) to eligible District students in various grades
at
the
school
sites
(“Sites”
or
“School
Sites”)
listed
in
Table
A.1
in
Attachment
A
to
Exhibit
A
below.
2. Contractor Program details are described in Attachment A to Exhibit A . 3. Contractor will provide Contractor Program(s) consistent with the Program Funding requirements.
4. Contractor may request modifications to the Scope of Services. Such requests shall be submitted
to
District
in
writing
and
contain
a
clear
justification
statement
as
to
the
need
for
the
modification.
Modifications
shall
not
become
effective
unless
and
until
District
approves
the
request
for
modification
in
writing.
5. District agrees to make the School Sites available to Contractor for the purposes of fulfilling
the
terms
of
this
Agreement
and
Program
Funding
requirements.
If
the
funded
Sites
are
unavailable
for
any
reason,
District
will
arrange
for
the
availability
of
other
Site(s)
and
provide
transportation
for
students
to
and
from
that
Site(s).
Hours of Operation 6. Contractor will operate Contractor Program(s) during the days and times at the School Sites specified
in
Attachment
A
to
Exhibit
A
.
7. During State mandated increases in services, Contractor may be required to provide additional
services,
including
additional
hours,
at
the
School
Sites.
Staffing 8. Contractor shall ensure each Contractor Program maintains a student-to-staff ratio of no more
than
twenty
(20)
students
per
one
(1)
staff
member.
Programs
serving
transitional
kindergarten
or
kindergarten
students
shall
maintain
a
student-to-staff
member
ratio
of
no
more
than
ten
(10)
to
one
(1).
9. Contractor shall provide staffing and services for additional students. 10. District reserves the right to request the removal of a Contractor staff member from any District
Site
at
any
time
and
for
any
reason.
Contractor
agrees
to
immediately
comply
and
to
not
reassign
the
removed
staff
to
any
other
District
Site
under
any
circumstances.
Contractor
staff
member’s
removal
from
any
District
Site
shall
have
no
effect
on
the
staff
member’s
employment
status
with
Contractor.
Prior
to
the
removal
or
reassignment
of
the
removed
Contractor
staff
member,
Contractor
agrees
to
notify
the
District
of
the
removal
or
reassignment
and
the
reasons
thereof.
If
a
Contractor
staff
member
is
removed
from
any
District
Site
without
providing
District
with
prior
notice,
Contractor
shall
notify
the
District
of
the
removal
the
following
business
day.
Enrollment 11. Contractor shall enroll only District students and give first priority enrollment in Contractor Program(s)
to
District
students
who
are
foster
students,
low
socioeconomic
status
students,
English
learner
students,
and
homeless
students.
12. Contractor shall give second priority enrollment to District students who attend Contractor Program(s)
daily.
EXHIBIT A – Attachment A Program Details Contractor shall implement the afterschool program for Crowley Elementary students in grades 1 through
6 at
the
Manuel
Hernandez
Community
Center.
Program Details 1. Contractor will provide contractor program at the Manuel Hernandez Community Center (“MHCC”)
Monday
through
Friday
during
regular
school
days.
2. Contractor will operate Athlete Global Program(s) during the days and times at the Sites specified
in
the
Program
Schedule
listed
in
Table
A.1,
Table
A.2,
and
Table
A.3.
3. Following the conclusion of the regular school day, participating students shall receive a snack
at
the
school
site.
Contractor
will
accompany
students
from
the
School
Site
to
the
MHCC
where
Contractor
Program
will
be
provided.
At
the
conclusion
of
the
Contractor
Program
at
MHCC,
Contractor
shall
escort
all
students
who
have
not
yet
been
picked
up
by
their
parents
or
guardians
back
to
the
School
Site,
where
students
will
join
the
primary
afterschool
program
until
6:00
p.m.
4. Contractor shall implement and maintain a strict check-in and check-out process to ensure that
all
participating
students
are
accounted
for
at
all
times.
Before
transitioning
students
from
the
School
Site
to
MHCC,
Contractor
shall
provide
the
primary
afterschool
program
provider
with
a
daily
roster
identifying
students
enrolled
in
the
Contractor
Program
and
confirming
which
students
will
be
escorted
to
MHCC
for
enrichment
activities.
At
the
conclusion
of
the
Contractor
Program,
Contractor
shall
escort
and
promptly
check
them
in
with
the
primary
afterschool
program
provider
to
verify
attendance
and
ensure
continuity
of
supervision.
Contractor
shall
maintain
accurate
attendance
records
throughout
each
transition
period
and
make
them
available
upon
request
to
the
school
district.
5. Additionally, Contractor Program will include the following elements and activities: a. Culminating activity at the end of each session listed in Table A.2 below. Table A. 1 – SCHOOL SITES School Name Crowley Elementary School Table A. 2 – CONTRACTOR SCHEDULE
Elementary School Sites Session 1 Session 2 Session 3 Session 4 Session 5 Session 6 Term 8/13-9/18 9/21-10/30 11/2-12/18 1/11-2/19 2/22-4/16 4/19-6/4 Staff Schedule 2:00pm- 5:30pm
2:00pm- 5:30pm
2:00pm- 5:30pm
2:00pm- 5:30pm
2:00pm- 5:30pm
2:00pm- 5:30pm Min Days/Conference 9/14/2026 10/19/2026 C:11/16-11/20, 12/7/2026 1/25/2027
C: 3/10/2027- 3/15/2027 6/4/2027 Min Day Program Hours 1:00pm- 5:30pm
1:00pm- 5:30pm
12:00pm- 5:30pm
1:00pm- 5:30pm
12:00pm- 5:30pm
1:00pm- 5:30pm Table A. 3- PROGRAM SCHEDULE
Elementary Schedule
Session Site Program Selected Grade Levels Days
1 CRO City of Visalia 1-6 M/W/F 1 CRO City of Visalia 1-6 T/TH 1 CRO City of Visalia 1-6 M-F 2 CRO City of Visalia 1-6 M/W/F 2 CRO City of Visalia 1-6 T/TH 2 CRO City of Visalia 1-6 M-F 3 CRO City of Visalia 1-6 M/W/F 3 CRO City of Visalia 1-6 T/TH 3 CRO City of Visalia 1-6 M-F 4 CRO City of Visalia 1-6 M/W/F 4 CRO City of Visalia 1-6 T/TH 4 CRO City of Visalia 1-6 M-F 5 CRO City of Visalia 1-6 M/W/F 5 CRO City of Visalia 1-6 T/TH 5 CRO City of Visalia 1-6 M-F 6 CRO City of Visalia 1-6 M/W/F 6 CRO City of Visalia 1-6 T/TH 6 CRO City of Visalia 1-6 M-F EXHIBIT B Contractor Duties Contractor will collaborate with District to provide safe, meaningful, and enjoyable after school education
and
enrichment
programs
that
focus
on
developing
the
academic,
social,
emotional,
and
physical
needs
and
interests
of
students
through
hands-on,
engaging
learning
experiences.
Contractor
agrees
to
provide
Services
(
Exhibit
A
)
according
to
the
terms
of
this
Agreement,
Certified
Assurances
(
Exhibit
G
),
Program
Funding
requirements,
and
federal
and
state
laws.
Program Elements 1. Contractor agrees to coordinate and implement Contractor Program(s) to eligible District students
in
grades
1 through
6 at
the
School
Sites
listed
in
Exhibit
A
.
2. Contractor agrees to be a flexible, responsive partner to the District and to collaborate closely
to
accomplish
the
program
objectives
and
support
the
changing
needs
of
students.
3. Contract Program(s) will include an educational and literacy element in which tutoring or homework
assistance
is
provided
and
other
elements
the
District
deems
necessary.
4. District shall make the School Sites available to Contractor for the purposes of fulfilling the terms
of
this
Agreement
and
Program
Funding
requirements.
If
the
funded
Sites
are
unavailable
for
any
reason,
District
will
arrange
for
the
availability
of
other
Site(s)
and
provide
transportation
for
students
to
and
from
that
Site(s).
5. Contractor shall collaborate and provide requested information to District to assist in District’s
periodic
review
of
the
Program
Plan,
which
shall
include,
but
may
not
be
limited
to,
assessment
of
program
goals,
program
content,
outcome
measures
that
the
program
will
use
for
the
next
three
years,
and
any
other
information
requested
by
the
California
Department
of
Education
(“CDE”).
Monitoring and Program Implementation 6. Contractor acknowledges that District has a legal obligation to ensure the expanded learning
programs
are
administered
according
to
Program
Funding
conditions
and
federal,
state,
and
local
laws.
7. Contractor agrees that District shall at all times maintain control and direction over the Scope
of
Services
being
performed
under
this
Agreement.
8. District reserves the right to change or delete the tasks to be performed by Contractor within
the
Scope
of
Services
and
any
required
due
dates
consistent
with
federal
and
state
directives.
9. Contractor understands that these are state and federal grant projects and modifications to the
Scope
of
Services
may
occur
during
the
Term
of
the
Agreement.
10. Contractor may request modifications to the Scope of Services. The request shall be in writing
and
contain
a
clear
justification
statement
as
to
the
need
for
the
modification.
District
will
determine,
in
its
sole
discretion,
whether
any
modification
to
the
Scope
of
Services
shall
be
made.
Modifications
shall
be
mutually
agreeable
to
both
parties
and
agreed
upon,
in
writing,
consistent
with
the
amendment
terms
of
the
Agreement.
11. Contractor consents to on-site monitoring and personal interviews of site directors, program
leads,
coordinators,
advisors,
and
participants
of
Contractor
Program(s)
by
appropriate
District
staff.
Staffing 12. Contractor shall ensure that Contractor Program(s) maintains a student-to-staff ratio of no more
than
twenty
(20)
students
per
one
(1)
staff
member,
which
shall
include
staff
members
from
parallel
afterschool
program
providers.
Program(s)
serving
transitional
kindergarten
or
kindergarten
students
shall
maintain
a
student-to-staff
member
ratio
of
no
more
than
ten
(10)
to
one
(1).
Contractor
shall
provide
staffing
and
services
for
additional
students
as
needed
and/or
as
directed
by
the
District.
13. Contractor shall employ and manage the staff at each School Site who will service the needs
of
the
children
enrolled
in
Contractor
Program(s).
14. Except as otherwise provided herein or subsequently agreed to in writing signed by both District
and
Contractor,
Contractor
shall
be
the
employer
for
all
personnel
employed
in
Contractor
Program(s),
and
all
volunteers
shall
provide
their
services
to
Contractor.
15. Contractor shall be solely responsible for all costs of employment and personnel administration,
including
but
not
limited
to
wages,
salaries,
workers’
compensation
costs,
and
unemployment
costs,
with
reimbursement
from
the
District.
16. Contractor shall provide coaching and mentoring to Site staff consistent with Contractor standards,
will
collaborate
with
District
in
the
implementation
of
a
staff
development
and
training
program,
and
will
collaborate
with
District’s
staff
to
integrate
service
activities
between
the
programs.
17. Contractor shall maintain a staffing level and supplies at School Sites that are consistent for all
Contractor
Program(s)
sites.
18. District reserves the right to request the removal of a Contractor staff member from any District
Site
at
any
time
and
for
any
reason.
Contractor
agrees
to
immediately
comply
and
to
not
reassign
the
removed
staff
to
any
other
District
Site
under
any
circumstances.
Contractor
staff
member’s
removal
from
any
District
Site
shall
have
no
effect
on
the
staff
member’s
employment
status
with
Contractor.
Prior
to
the
removal
or
reassignment
of
the
removed
Contractor
staff
member,
Contractor
agrees
to
notify
the
District
of
the
removal
or
reassignment
and
the
reasons
thereof.
If
a
Contractor
staff
member
is
removed
from
any
District
Site
without
providing
District
with
prior
notice,
Contractor
shall
notify
the
District
of
the
removal
the
following
business
day.
Fiscal Responsibilities 19. Contractor understands that all funds expended under this Agreement are subject to annual audits
and
will
be
used
in
accordance
with
federal
and
state
Program
Funding
guidelines.
20. Contractor shall establish and maintain adequate, accurate financial and accounting records
for
Services
provided
under
this
Agreement.
All
such
records
shall
be
prepared
in
accordance
with
generally
accepted
accounting
procedures,
shall
be
clearly
identified,
and
shall
be
kept
readily
accessible.
21. Contractor’s books, records, and accounts pertaining to Services rendered under this Agreement
shall
at
all
times
be
open
to
inspection
by
authorized
District
representatives,
the California Department of Education (“CDE”), and the U.S. Department of Education (“DOE”).
22. Contractor shall support all expenditures and costs pursuant to this Agreement by properly executed
payrolls,
time
records,
invoices,
receipts,
contracts,
vouchers,
orders,
any
other
forms
of
proof
of
payment,
or
any
other
documents
pertaining
in
whole
or
in
part
to
this
Agreement,
and
they
shall
be
clearly
identified
and
readily
accessible
to
District.
23. Fiscal Compliance : Notwithstanding any contrary provisions found elsewhere in this Agreement,
Contractor,
in
the
expenditure
of
funds
under
this
Agreement,
shall
comply
with
all
reasonable
application
procedures
and
regulations
of
the
CDE
and
DOE.
24. Expenditure Reports : Contractor shall submit to the District and/or the CDE a detailed expenditure
report
with
documentation
attached
for
each
school
site
upon
the
due
dates
established
by
the
District
and
Program
Funding
requirements.
25. Upon request, Contractor shall make such records available within Tulare County to the designated
public
and/or
private
auditor
of
District,
the
CDE,
and
the
DOE
and
to
their
agents
and
representatives,
for
the
purpose
of
auditing
and/or
copying
such
records
for
a
period
of
five
(5)
years
from
the
date
of
final
payment
under
this
Agreement.
Reports 26. Attendance Reports : “Attendance Reports” record the number of students served and the number
of
days
of
Program
operation
per
school
site.
Contractor
shall
be
responsible
for
maintaining
these
records
and
supporting
documentation
verifying
student
attendance
and
days
of
operation
recorded
on
Attendance
Reports
for
each
school
site
and
reporting
these
quarterly
and/or
upon
request
to
Superintendent,
District,
and
the
CDE.
27. Evaluation Reports : Evaluation is a required key component of the afterschool program.
Contractor
shall,
consistent
with
the
Program
Funding
provisions,
collect
information
about
results
for
students
and
families,
and
the
services
and
activities
offered
during
Contractor
Program(s),
as
required
to
the
Superintendent,
District,
and/or
the
Tulare
County
of
Education
(“COE”).
District
shall
provide
Contractor
with
raw
data
of
reading
and
math
scores,
school
day
attendance,
and
other
statistical
data
required
by
State
or
Federal
granting
agencies,
from
existing
District
assessments
and
databases,
with
any
confidential
student
records
deleted.
Contractor
shall
designate
a
staff
person
for
the
evaluation
effort.
28. All reports for each school site shall be submitted by Contractor to the Superintendent, District,
and/or
COE
upon
the
due
dates
established
by
Superintendent,
District,
and
by
applicable
Program
Funding
requirements.
EXHIBIT C District Duties District will collaborate with Contractor to provide safe, meaningful, and enjoyable after school education
and
enrichment
programs
that
focus
on
developing
the
academic,
social,
emotional,
and
physical
needs
and
interests
of
students
through
hands-on,
engaging
learning
experiences.
District
agrees
to
fulfill
its
obligations
in
accordance
with
the
terms
of
this
Agreement,
Certified
Assurances
(see
Exhibit
G
),
Program
Funding
requirements,
and
federal,
state,
and
local
laws.
Program Responsibilities 1. District shall serve as the Local Education Agency Partner and Fiscal Agent for the Program
Funding
awarded
to
District
to
implement
the
Contractor
Program(s)
at
the
partner
schools,
listed
in
Exhibit
A
.
2. District will collaborate with Contractor to identify and meet the needs of students served in
the
program.
3. District shall provide appropriate facilities, including classrooms, multipurpose room access,
rest
rooms,
specialty
room
access,
and
sports
field
access,
to
meet
the
requirements
of
the
Contractor
Program(s)
at
no
charge
to
Contractor.
4. If the school sites listed in Exhibit A are unavailable for use outside of the regular 180-day school
year
for
any
reason,
District
will
arrange
for
the
availability
of
another
site(s)
and
transportation
for
students
to
and
from
that
site(s).
5. District will provide office and/or clerical support to promote the Contractor Program(s), including
but
not
limited
to,
distributing
flyers
to
students/
parents,
conducting
enrollment
events,
and
notifying
parents
and
families
of
afterschool
program
enrollment
and
attendance
via
automated
dialers,
text
messages,
emails,
and
social
media
posts.
6. District shall follow all fiscal reports and auditing standards required by the CDE and DOE. 7. District will provide student assessment data to assist Contractor in aligning learning activities
and
setting
academic
goals
to
best
support
students.
8. District will provide audit documentation to the CDE and/or DOE as required by the Program
Funding
requirements.
Monitoring 9. District shall monitor the products, services, and performance of Contractor in order to determine
to
the
best
possible
degree:
a. the conditions under which the Program is successful; b. whether Contractor performance is adequate to satisfy the needs of the Contractor Program(s)
participants;
and
c. whether Services provided are consistent with state and federal Program Funding requirements.
Facilities and Transportation 10. District will provide a location for locked supply storage and locked office space for the Contractor
staff,
specifically
for
storage
of
confidential
student
materials
(enrollment
forms,
emergency
contact
data,
medical
information,
etc.)
at
each
Program
school
site.
11. The District shall provide all custodial services and labor, custodial supplies, and utilities consumed
during
operation
of
the
Contractor
Program(s)
at
the
School
Sites.
In
the
event
of
the
District
implementing
work
year
reduction
days,
custodial
service
may
not
be
available
to
Contractor
on
those
(approximately
2-5
days).
In
the
event
of
Southern
California
Edison
implementing
Critical
Peak
Pricing
Program
the
District
may
invoice
Contractor
for
the
additional
utility
costs
on
those
(approximately
5-10
days)
within
30 days
of
the
Southern
California
Edison
bill
containing
those
additional
costs.
12. District will provide Contractor normal internet access through existing school site internet connectivity
for
purposes
of
internet
access
for
program
purposes.
13. District may permit Contractor, from time to time, to purchase materials and supplies through
the
District,
based
on
the
discounts
received
by
the
District.
Contractor
agrees
to
make
payment
to
the
District
within
thirty
(30)
days
or
receipt
of
the
invoice(s)
from
the
District.
EXHIBIT D Fee and Payment Structure District shall pay Contractor for services satisfactorily rendered pursuant to this Agreement in accordance
with
the
provisions
and
rate(s)/fee(s)
provided
below:
1. The fees for Contractor services to be provided under this Agreement shall not exceed $40,498.14
(“Total
Fee”).
Contractor
shall
not
increase
the
fee
over
the
course
of
this
Agreement.
Any
work
performed
by
the
Contractor
in
excess
of
the
Total
Fee
shall
not
be
compensated
without
District’s
prior
written
approval.
All
fees
under
this
Agreement
are
to
cover
the
costs
associated
with
children
attending,
with
a
total
of
approximately
#
children
attending
across
all
School
Sites.
2. Method of Payment : Payment will be rendered to the contractor on a monthly basis via Check
based
on
invoice
amount.
3. Invoices : District agrees to make payment within thirty (30) days of receipt of an itemized invoice
from
Contractor
on
an
invoice
form
provided
by
the
District.
Contractor
shall
provide
one
consolidated
invoice
per
month,
summarizing
the
total
costs
for
services
rendered
across
all
School
Sites,
including
any
supporting
documentation.
Accompanying
this
invoice,
Contractor
shall
include
detailed
backup
documentation,
itemizing
the
costs
and
expenses
for
each
individual
School
Site.
“Supporting
documentation”
must
include,
at
a
minimum,
an
attendance
report
per
School
Site,
receipts
and
invoices
or
other
proof
of
payment
for
any
itemized
expenses,
administrative
fees
less
than
or
equal
to
10%
of
the
Total
Fee,
and
any
additional
documentation
that
District
reasonably
requests.
Contractor
shall
not
submit
its
invoices
to
District
more
frequently
than
monthly.
4. Expenses not Covered . Except as provided below, District shall not reimburse Contractor for any
Expenses.
“Expenses”
means
any
costs
and
expenses
incurred
in
the
performance
of
the
Services,
including
equipment,
transportation,
mileage,
travel
fare,
living
expenses
in
connection
with
out-of-town
travel,
subscription
fees,
licensing
fees,
insurance
premiums,
online
subscriptions,
referral
bonuses,
staff
training,
messenger
fees,
postage,
long
distance
communications,
fax,
and
the
like,
unless
expressly
identified
as
Reimbursable
Expense.
5. Reimbursable Expenses . Notwithstanding the above, District agrees to reimburse Contractor for
out-of-pocket
expenses,
without
mark-up,
identified
below
(“Reimbursable
Expenses”):
a. [ X ] None . District will not reimburse any expenses in addition to the Total Fee. b. [ __ ] Reimbursable Expenses include the following:
_________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Reimbursable Expenses shall not exceed $00.00 per invoice unless Contractor obtains prior written
approval
from
District.
6. Unallowable Use of Program Funding . Contractor shall only use Program Funding for reasonable
and
necessary
expenditures
in
accordance
with
the
Office
of
Management
and
Budget’s
Uniform
Administrative
Requirements,
Cost
Principles,
and
Audit
Requirements
for
Federal
Awards
(“Uniform
Guidance”)
and
other
applicable
regulations.
(2
C.F.R,
§
200.302
et
seq.)
In
accordance
with
the
Uniform
Guidance,
unallowable
expenditures
of
Program
Funding
include,
but
are
not
limited
to,
advertising,
public
relations
costs,
advisory
councils,
alcohol,
bad
debt,
donations,
entertainment
costs,
fundraising
costs,
recruiting
costs,
membership
costs,
rental
costs,
and
any
unreasonable
and
unnecessary
expenditures.
7. Program Funding . Contractor hereby acknowledges that District’s payments to Contractor are
specifically
conditioned
upon
the
District’s
receipt
of
state
and
federal
funding
for
extended
learning
opportunity
programs.
a. If District’s receipt of such Program Funding is for any reason delayed or suspended,
District
reserves
the
right
to
suspend
payments
to
Contractor
until
such
time
as
Program
Funding
resumes,
and
District
shall
have
no
obligation
to
pay
Contractor
for
services
provided
pursuant
to
this
Agreement
except
to
the
extent
of
such
Program
Funding
received
by
District.
In
such
an
event,
however,
Contractor
may
suspend
performance
of
Services
until
such
time
as
the
Program
Funding
resumes.
b. If such Program Funding terminates, District shall have no obligation to continue payments
to
Contractor,
other
than
for
services
satisfactorily
completed
prior
to
termination
of
the
Program
Funding,
and
this
Agreement
shall
be
deemed
and
construed
to
automatically
terminate
immediately
upon
termination
of
the
Program
Funding.
In
the
event
this
Agreement
so
terminates,
Contractor
shall
terminate
its
performance
pursuant
to
this
Agreement,
provided
that
the
provisions
of
this
Agreement
that
expressly
or
implicitly
survive
termination
shall
remain
in
effect.
EXHIBIT E Insurance Requirements Contractor shall procure and maintain insurance for the duration of this Agreement against all claims, including
but
not
limited
to
claims
for
injuries
to
persons
and
damage
to
property
which
may
arise
from,
or
in
connection
with,
performance
under
this
Agreement
by
Contractor,
its
agents,
representatives,
employees,
or
subcontractors,
if
applicable.
1. Minimum Scope and Limits of Insurance . Coverage shall be at least as broad as: a. Commercial General Liability Insurance with limits of not less than $1,000,000 per occurrence and $5,000,000 in the aggregate (including
sexual
abuse/molestation
coverage,
either
by
separate
policy
or
by
an
endorsement
to
the
commercial
general
liability
policy).
b. Comprehensive Automobile Liability Insurance (if applicable) with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. c. Workers’ Compensation and Employer’s Liability Insurance as required by law. 2. Specific Provisions of the Certificate a. The Certificate of Insurance for Commercial General Liability, Comprehensive Automobile Liability
Insurance,
and
Professional
Errors
and
Omissions
Insurance
must
meet
the
following
requirements:
i. Name the District, its officers, agents, employees, and volunteers, individually and collectively,
as
additional
insureds.
ii. State that such Insurance for additional insureds will apply as primary insurance and any
other
insurance
we
maintain
will
be
excess.
iii. Provide that coverage will not be suspended, voided, canceled, reduced in coverage, or
otherwise
materially
changed
except
after
thirty
(30)
days
prior
notice
by
certified
mail,
return
receipt
requested,
has
been
given
to
District.
b. The Certificate of Insurance for Workers’ Compensation must include the following: i. Waiver of Subrogation. You waive all rights against the District, its officers, agents, employees,
and
volunteers
for
recovery
of
damages
to
the
extent
these
damages
are
covered
by
the
workers
compensation
and
employer’s
liability.
3. Deductibles and Self-Insured Retentions
The
District
Risk
Manager
must
approve
any
deductible
or
self-insured
retention
that
exceeds
$10,000.
4. Acceptability of Insurance
Insurance
must
be
placed
with
insurers
with
a
current
rating
given
by
A.M.
Best
and
Company
of
no
less
than
A(-)
from
a
company
admitted
to
do
business
in
California.
Any
waiver
of
these
standards
is
subject
to
District’s
approval
by
the
District
Risk
Manager
or
District
Risk
Manager’s
designee.
5. Verification of Coverage
Prior
to
District’s
approval
of
this
Agreement,
Contractor
will
file
with
the
Superintendent
of
the
District
Certificates
of
Insurance
with
original
endorsements
effecting
coverage
in
a
form
acceptable
to
the
District.
The
District
reserves
the
right
to
require
certified
copies
of
all
required
insurance
policies
at
any
time.
EXHIBIT F Fingerprinting Notice and Acknowledgement for Contracts (Education Code Section 45125.1) Other than business entities performing construction, reconstruction, rehabilitation, or repair who have complied
with
Education
Code
section
45125.2,
business
entities
entering
into
contracts
with
the
District
must
comply
with
Education
Code
sections
45125.1.
Such
entities
are
responsible
for
ensuring
full
compliance
with
the
law
and
should
therefore
review
all
applicable
statutes
and
regulations.
The
following
information
is
provided
simply
to
assist
such
entities
with
compliance
with
the
law:
1. You (as a business entity) shall ensure that each of your employees who interacts with pupils
outside
of
the
immediate
supervision
and
control
of
the
pupil’s
parent
or
guardian
or
a
District
or
school
employee
has
a
valid
criminal
records
summary
as
described
in
Education
Code
section
44237.
(Ed.
Code,
§
45125.1,
subd.
(a).)
You
shall
do
the
same
for
any
other
employees
as
directed
by
District.
(Ed.
Code,
§
45125.1,
subd.
(c).)
When
you
perform
the
criminal
background
check,
you
shall
immediately
provide
any
subsequent
arrest
and
conviction
information
it
receives
to
the
District
pursuant
to
the
subsequent
arrest
service.
(Ed
Code,
§ 45125.1,
subd.
(a).)
2. You shall not permit an employee to interact with pupils until the Department of Justice has
ascertained
that
the
employee
has
not
been
convicted
of
a
felony
as
defined
in
Education
Code
section
45122.1.
(Ed.
Code,
§
45125.1,
subd.
(e).)
See
the
lists
of
violent
and
serious
felonies
in
Attachment
A
to
this
Notice.
3. Prior to performing any work or services under your contract with the District , and prior to
being
present
on
District
property
or
being
within
the
vicinity
of
District
pupils,
you
shall
certify
in
writing
to
the
District
under
the
penalty
of
perjury
that
neither
the
employer
nor
any
of
its
employees
who
are
required
to
submit
fingerprints,
and
who
may
interact
with
pupils,
have
been
convicted
of
a
felony
as
defined
in
Education
Code
section
45122.1,
and
that
you
are
in
full
compliance
with
Education
Code
section
45125.1.
(Education
Code,
§
45125.1(f).)
For
this
certification,
you
shall
use
the
form
in
Attachment
B
to
this
Notice.
4. If you are providing the above services in an emergency or exceptional situation, you are not
required
to
comply
with
Education
Code
section
45125.1,
above.
An
“emergency
or
exceptional”
situation
is
one
in
which
pupil
health
or
safety
is
endangered
or
when
repairs
are
needed
to
make
a
facility
safe
and
habitable.
The
District
shall
determine
whether
an
emergency
or
exceptional
situation
exists.
(Education
Code,
§
45125.1(b).)
5. If you are an individual operating as a sole proprietor of a business entity, you are considered
an
employee
of
that
entity
for
purposes
of
Education
Code
section
45125.1,
and
the
District
shall
prepare
and
submit
your
fingerprints
to
the
Department
of
Justice
as
described
in
Education
Code
section
45125.1(a).
(Education
Code,
§
45125.1(h).)
I, __________________________ ( Name ), as __________________________ ( Title ) of Contractor, have read
the
foregoing
and
agree
to
comply
with
the
requirements
of
Education
Code
section
45125.1
as
applicable,
including
submission
of
the
certificate
mentioned
above.
Name: ________________________________________ Title: __________________________ Signature: _____________________________________ Dated: __________________________
EXHIBIT F – Attachment A Violent and Serious Felonies Under Education Code sections 45122.1 and 45125.1, no employee of a contractor or subcontractor who has
been
convicted
of
or
has
criminal
proceedings
pending
for
a
violent
or
serious
felony
may
come
into
contact
with
any
student.
A
violent
felony
is
any
felony
listed
in
subdivision
(c)
of
Section
667.5
of
the
Penal
Code.
Those
felonies
are
presently
defined
as:
(1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of
subdivision
(a)
of
Section
262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice
which
has
been
charged
and
proved
as
provided
for
in
Section
12022.7,
12022.8,
or
12022.9
on
or
after
July
1,
1977,
or
as
specified
prior
to
July
1,
1977,
in
Sections
213,
264,
and
461,
or
any
felony
in
which
the
defendant
uses
a
firearm
which
use
has
been
charged
and
proved
as
provided
in
subdivision
(a)
of
Section
12022.3,
or
Section
12022.5
or
12022.55.
(9) Any robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder. (13) A violation of Section 18745, 18750, or 18755. (14) Kidnapping. (15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of
the
Penal
Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation
of
Section
186.22
of
the
Penal
Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged
and
proved
that
another
person,
other
than
an
accomplice,
was
present
in
the
residence
during
the
commission
of
the
burglary.
(22) Any violation of Section 12022.53. (23) A violation of subdivision (b) or (c) of Section 11418.
(24) Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved
that
the
defendant
caused
the
intoxication
by
administering
a
controlled
substance
to
the
victim
without
their
consent
and
with
the
intent
to
sexually
assault
the
victim.
A serious felony is any felony listed in subdivision (c) Section 1192.7 of the Penal Code. Those felonies are
presently
defined
as:
(1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape; (4) Sodomy by force, violence, duress, menace,
threat
of
great
bodily
injury,
or
fear
of
immediate
and
unlawful
bodily
injury
on
the
victim
or
another
person;
(5)
Oral
copulation
by
force,
violence,
duress,
menace,
threat
of
great
bodily
injury,
or
fear
of
immediate
and
unlawful
bodily
injury
on
the
victim
or
another
person;
(6)
Lewd
or
lascivious
act
on
a
child
under
the
age
of
14 years;
(7)
Any
felony
punishable
by
death
or
imprisonment
in
the
state
prison
for
life;
(8)
Any
felony
in
which
the
defendant
personally
inflicts
great
bodily
injury
on
any
person,
other
than
an
accomplice,
or
any
felony
in
which
the
defendant
personally
uses
a
firearm;
(9) Attempted
murder;
(10)
Assault
with
intent
to
commit
rape
or
robbery;
(11)
Assault
with
a
deadly
weapon
or
instrument
on
a
peace
officer;
(12)
Assault
by
a
life
prisoner
on
a
non-inmate;
(13)
Assault
with
a
deadly
weapon
by
an
inmate;
(14)
Arson;
(15)
Exploding
a
destructive
device
or
any
explosive
with
intent
to
injure;
(16)
Exploding
a
destructive
device
or
any
explosive
causing
bodily
injury,
great
bodily
injury,
or
mayhem;
(17)
Exploding
a
destructive
device
or
any
explosive
with
intent
to
murder;
(18)
Any
burglary
of
the
first
degree;
(19)
Robbery
or
bank
robbery;
(20)
Kidnapping;
(21)
Holding
of
a
hostage
by
a
person
confined
in
a
state
prison;
(22)
Attempt
to
commit
a
felony
punishable
by
death
or
imprisonment
in
the
state
prison
for
life;
(23)
Any
felony
in
which
the
defendant
personally
used
a
dangerous
or
deadly
weapon;
(24)
Selling,
furnishing,
administering,
giving,
or
offering
to
sell,
furnish,
administer,
or
give
to
a
minor
any
heroin,
cocaine,
phencyclidine
(PCP),
or
any
methamphetamine-related
drug,
as
described
in
paragraph
(2)
of
subdivision
(d)
of
Section
11055
of
the
Health
and
Safety
Code,
or
any
of
the
precursors
of
methamphetamines,
as
described
in
subparagraph
(A)
of
paragraph
(1)
of
subdivision
(f)
of
Section
11055
or
subdivision
(a)
of
Section
11100
of
the
Health
and
Safety
Code;
(25) Any
violation
of
subdivision
(a)
of
Section
289
where
the
act
is
accomplished
against
the
victim’s
will
by
force,
violence,
duress,
menace,
or
fear
of
immediate
and
unlawful
bodily
injury
on
the
victim
or
another
person;
(26)
Grand
theft
involving
a
firearm;
(27)
Carjacking;
(28)
Any
felony
offense,
which
would
also
constitute
a
felony
violation
of
Section
186.22;
(29)
Assault
with
the
intent
to
commit
mayhem,
rape,
sodomy,
or
oral
copulation,
in
violation
of
Section
220;
(30)
Throwing
acid
or
flammable
substances,
in
violation
of
Section
244;
(31)
Assault
with
a
deadly
weapon,
firearm,
machine
gun,
assault
weapon,
or
semiautomatic
firearm
or
assault
on
a
peace
officer
or
firefighter,
in
violation
of
Section
245;
(32) Assault
with
a
deadly
weapon
against
a
public
transit
employee,
custodial
officer,
or
school
employee,
in
violation
of
Sections
245.2,
245.3,
or
245.5;
(33)
Discharge
of
a
firearm
at
an
inhabited
dwelling,
vehicle,
or
aircraft,
in
violation
of
Section
246;
(34)
Commission
of
rape
or
sexual
penetration
in
concert
with
another
person,
in
violation
of
Section
264.1;
(35)
Continuous
sexual
abuse
of
a
child,
in
violation
of
Section
288.5;
(36) Shooting
from
a
vehicle,
in
violation
of
subdivision
(c)
or
(d)
of
Section
26100;
(37)
Intimidation
of
victims
or
witnesses,
in
violation
of
Section
136.1;
(38)
Criminal
threats,
in
violation
of
Section
422;
(39) Any
attempt
to
commit
a
crime
listed
in
this
subdivision
other
than
an
assault;
(40)
Any
violation
of
Section
12022.53;
(41) A
violation
of
subdivision
(b)
or
(c)
of
Section
11418;
and
(42)
Human
trafficking
of
a
minor,
in
violation
of
subdivision
(c)
of
Section
236.1,
except,
with
respect
to
a
violation
of
paragraph
(1)
of
subdivision
(c)
of
Section
236.1,
where
the
person
who
committed
the
offense
was
a
victim
of
human
trafficking,
as
described
in
subdivision
(b)
or
(c)
of
Section
236.1,
at
the
time
of
the
offense;
and
(43)
Any
conspiracy
to
commit
an
offense
described
in
this
subdivision.
EXHIBIT F – Attachment B Form for Certification of Lack of Felony Convictions Note : This form must be submitted by the owner, or an officer, of the contracting entity before it may commence
any
work
or
services,
and
before
it
may
be
present
on
District
property
or
being
within
the
vicinity
of
District
pupils.
Entity Name: ______________________________ Date of Entity’s Contract with District: ______________________________ Scope of Entity’s Contract with District: ____________ through ___________ I, _______________________, am the _____________________ ( Title ) for _____________________ (
Contractor
Name
),
which
entered
a
contract
on
__________________,
with
the
District
for
ELOP
services.
I certify that (1) pursuant to Education Code section 45125.1(f), neither the Contractor, nor any of its employees
who
are
required
to
submit
fingerprints
and
who
may
interact
with
pupils,
have
been
convicted
of
a
felony
as
defined
in
Education
Code
section
45122.1;
and
(2)
the
Contractor
is
in
full
compliance
with
Education
Code
section
45125.1,
including
but
not
limited
to
each
employee
who
will
interact
with
a
pupil
outside
of
the
immediate
supervision
and
control
of
the
pupil’s
parent
or
guardian
having
a
valid
criminal
background
check
as
described
in
Education
Code
section
44237.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Date: ____________, 20__ Signature: _____________________________ Typed Name: __________________________ Title: ________________________________ Entity: _______________________________
EXHIBIT G Certified Assurances ASES and 21CCLC Certified Assurances 1. The program will include an educational and literacy element in which tutoring or homework assistance
is
provided
in
one
or
more
of
the
following
areas:
language
arts,
mathematics,
history
and
social
science,
computer
training,
or
science
(Ed.
Code,
§
8482.3(c)(1)(A),
8482.3(f)(6),
and
8483.3(c)(1)).
2. The program will have an educational enrichment element that may include, but need not be limited to,
fine
arts,
career
technical
education,
recreation,
physical
fitness,
and
prevention
activities
(Ed.
Code,
§§
8482.3(c)(1)(B),
8482.3(f)(6),
and
8483.3(c)(2)).
Such
activities
might
involve
Science,
Technology,
Engineering,
and
Mathematics,
the
arts,
music,
physical
activity,
health
promotion,
general
recreation,
technology,
career
awareness,
and
activities
to
support
positive
youth
development.
3. The program will align the activities provided by the program with the challenging State academic standards
(20
U.S.C.
§
7172(c)(3)(E)).
4. The program will agree that snacks made available through a program shall conform to the nutrition standards
in
Article
2.5 (commencing
with
Ed.
Code,
§
49430)
of
Chapter
9 of
Part
27 of
Division
4 of
Title
2. The
program
will
agree
that
meals
made
available
through
a
program
shall
conform
to
the
nutrition
standards
of
the
United
States
Department
of
Agriculture’s
at-risk
afterschool
meal
component
of
the
Child
and
Adult
Care
Food
Program
(Ed.
Code,
§§ 8482.3(d)(1),
8482.3(d)(2),
and
8483.3(c)(8)).
5. Each partner in the application agrees to share responsibility for the quality of the program (Ed.
Code,
§
8482.3(f)(3)).
6. The program agrees to follow all fiscal reporting and auditing standards required by the CDE (Ed.
Code,
§
8482.3(f)(5)).
7. Program agrees to provide information to the department for the purpose of program evaluation and will
certify
that
program
evaluations
will
be
based
upon
any
requirements
recommended
by
the
Advisory
Committee
on
Before
and
After
School
Programs
and
adopted
by
the
state
board,
including
the
annual
outcome-based
data
for
evaluation
(Ed.
Code,
§§
8482.3(f)(7),
8482.3(f)(8),
8483.3(c)(11),
and
8484(a)).
8. The program will provide school day attendance rates on participating pupils to the CDE on an annual
basis
(Ed.
Code,
§§
8482.3(f)(10)(A)
and
8484(a)(1)(A)).
9. As required by the CDE, programs will submit program attendance on a semiannual basis (Ed.
Code,
§§
8482.3(f)(10)(B)
and
8484(a)(1)(B)).
10. The program will review their afterschool program plans every three years. The review is to include,
but
not
limited
to
program
goals
(a
program
may
specify
any
new
program
goals
that
will
apply
to
the
following
three
years
during
the
grant
renewal
process),
program
content,
outcome
measures
that
the
program
will
use
for
the
next
three
years,
and
any
other
information
requested
by
the
CDE.
If
the
program
goals
or
outcome
measures
change
as
a
result
of
this
review,
the
program
shall
notify
the
CDE.
The
grantee
shall
maintain
documentation
of
the
after-school
program
plan
for
a
minimum
of
five
years
(Ed.
Code,
§§
8482.3(g)(1)(A)
and
8482.3(g)(1)(F)).
11. The program acknowledges that the CDE shall monitor this review as part of its onsite monitoring process
(Ed.
Code,
§
8482.3(g)(2)).
12. Every program established pursuant to this article shall be planned through a collaborative process that
includes
parents,
youth,
and
representatives
of
participating
public
schools,
governmental
agencies,
such
as
city
and
county
parks
and
recreation
departments,
local
law
enforcement,
community
organizations,
and
the
private
sector
(Ed.
Code,
§
8482.5(b);
(20
U.S.C.
§ 7174,
subd.
(b)(2)(D)(i)).
13. Every pupil attending a school operating a program is eligible to participate in the program, subject to
program
capacity
(Ed.
Code,
§
8482.6).
14. A program is not required to charge family fees or conduct individual eligibility determination based
on
need
or
income
(Ed.
Code,
§
8482.6).
15. Offsite programs shall align the educational and literacy component of the program with participating
pupils’
regular
school
programs
(Ed.
Code,
§§
8482.8(a)(2)
and
8484.6(a)).
Offsite
programs
will
ensure
communication
among
teachers
in
the
regular
school
program,
staff
in
the
before
school
and
after
school
components
of
the
program,
and
parents
of
pupils.
(Ed.
Code,
§
8482.8(a)(2)).
No
program
located
off
schoolgrounds
shall
be
approved
unless
safe,
supervised
transportation
is
provided
to
the
pupils
enrolled
in
the
program
(Ed.
Code,
§
8484.6(a)).
16. The program will commence immediately upon the conclusion of the regular school day. (Note: A regular
school
day
is
any
day
that
students
attend
and
instruction
takes
place.)
(Ed.
Code,
§
8483(a)(1)).
17. The program will operate for a minimum of 15 hours per week (Ed. Code, § 8483(a)(1)). 18. The program will operate until at least 6 p.m., on every regular school day (Ed. Code, § 8483(a)(1)). 19. The program will establish a policy regarding reasonable early daily release of pupils from the program
(Ed.
Code,
§
8483
(a)(1)).
20. Elementary school and middle school or junior high pupils should participate in the full day of the program
every
day
during
which
pupils
participate
(Ed.
Code,
§
8483(a)(2)).
21. For middle school or junior high school, programs may implement a flexible attendance schedule for
those
pupils
(Ed.
Code,
§
8483(a)(3)).
22. First priority for enrollment of pupils in an after school program shall be given to homeless youth and
pupils
identified
by
the
program
as
being
in
foster
care
(Ed.
Code,
§
8483(c)(1)(a))
and
second
priority
shall
be
given
to
middle
school
and
junior
high
pupils
who
attend
program
daily
(Ed.
Code,
§
8483(c)(1)(b)).
23. The program will provide a safe physical and emotional environment, opportunities for relationship building,
and
promote
active
pupil
engagement
(Ed.
Code,
§
8483.3(c)(3)).
24. The program will provide staff training and development (Ed. Code, § 8483.3 (c)(4)). 25. The program will integrate with the regular school day and other expanded learning opportunities (Ed.
Code,
§
8483.3(c)(5)).
26. The program will engage in community collaboration, including, but not limited to, demonstrated support
of
the
school
site
principal
and
staff
(Ed.
Code,
§
8483.3(c)(6)).
27. The program will provide opportunities for physical activity (Ed. Code, §8483.3(c)(7)). 28. The program will assume fiscal accountability (Ed. Code, § 8483.3(c)(9)). 29. The program will meet all of the evaluation requirements (Ed. Code, § 8483.3(c)(11)) and any such data
required
by
the
CDE.
30. A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance
in
accordance
with
provisions
established
by
the
department
(Ed.
Code,
§
8484.8(e)(6)).
31. The program will engage in the collection and use of pupil social, behavioral, or skill development data
to
support
quality
program
improvement
processes
(Ed.
Code,
§
8483.3(c)(12)).
32. The program will ensure that the program maintains a pupil-to-staff member ratio of no more than 20 to
1 (Ed.
Code,
§
8483.4).
33. The program will establish minimum qualifications for each staff position that, at a minimum, ensure
that
all
staff
members
who
directly
supervise
pupils
meet
the
minimum
qualifications
for
an
instructional
aide,
pursuant
to
the
policies
of
the
school
district
(Ed.
Code,
§
8483.4).
34. Selection of the program site supervisors shall be subject to the approval of the school site principal (Ed.
Code,
§
8483.4).
35. All program staff and volunteers will be subject to the health screening and fingerprint clearance requirements
in
current
law
and
district
policy
for
school
personnel
and
volunteers
in
the
school
district
(Ed.
Code,
§
8483.4).
36. All funds expended will supplement, but not supplant, existing funding for after school programs.
State
categorical
funds
for
remedial
education
activities
shall
not
be
used
to
make
the
required
contribution
of
local
funds
for
those
after
school
programs
(Ed.
Code,
§§
8483.5(e)
and
8483.7(b);
20 U.S.C.
§ 7174(b)(2)(G)).
37. The program may provide three days of staff development during regular program hours using funds
from
the
total
grant
award
(Ed.
Code,
§
8483.7(a)(1)(J)).
(ASES
only)
38. The program will provide an amount of cash or in-kind local funds equal to not less than one-third of
the
total
grant
from
the
school
district,
governmental
agencies,
community
organizations,
or
the
private
sector.
Facilities
or
space
usage
may
fulfill
not
more
than
25 percent
of
the
required
local
contribution
(Ed.
Code,
§
8483.7(a)(6)).
(ASES
only)
39. The program acknowledges that State categorical funds for remedial education activities shall not be
used
to
make
the
required
contribution
of
local
funds
for
those
after
school
programs
(Ed.
Code,
§ 8483.7(b)).
40. A program may expend on indirect costs no more than the lesser the school district’s indirect cost rate,
as
approved
by
the
CDE
for
the
appropriate
fiscal
year
or
five
percent
of
the
state
program
funding
received
(Ed.
Code,
§
8483.9(a)).
41. The program will not expend more than 15 percent of that funding on administrative costs, which include
indirect
costs
(Ed.
Code,
§
8483.9(b)).
42. A program will ensure that no less than 85 percent of that funding is allocated to school sites for direct
services
to
pupils.
The
cost
of
a
program
site
supervisor
may
be
included
as
direct
services,
provided
that
at
least
85 percent
of
the
site
supervisor’s
time
is
spent
at
the
program
site
(Ed.
Code,
§ 8483.9(c)).
43. The program shall submit evidence of a data-driven program quality improvement process that is based
on
CDE’s
guidance
on
program
quality
standards
(Ed.
Code,
§
8484(a)(2)).
44. Programs may be conducted upon the grounds of a community park, recreational facility, or other site
as
approved
by
the
State
Department
of
Education
in
the
grant
application
process
(Ed.
Code,
§ 8484.6(a)).
The
program
shall
take
place
in
a
safe
and
easily
accessible
facility
(20
U.S.C.
§ 7174(b)(2)(A)(i)).
45. An offsite program shall comply with all statutory and regulatory requirements that are applicable to
similar
programs
conducted
on
the
school
site
(Ed.
Code,
§
8484.6(b)).
46. If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten
or
any
of
grades
1 to
12,
inclusive,
speak
a
single
primary
language
other
than
English,
as
determined
from
the
census
data
submitted
to
the
CDE
in
the
preceding
year,
all
notices,
reports,
statements,
or
records
sent
to
the
parent
or
guardian
of
any
such
pupil
by
the
school
or
school
district
shall,
in
addition
to
being
written
in
English,
be
written
in
the
primary
language,
and
may
be
responded
to
either
in
English
or
the
primary
language
(Ed.
Code,
§
48985(a)).
47. The designated public agency representative for the applicant(s) certifies that an annual fiscal audit will
be
conducted,
and
that
adequate,
accurate
records
will
be
kept.
In
addition,
each
applicant
certifies
that
funds
received
under
this
subdivision
are
expended
only
for
those
services
and
supports
for
which
they
are
granted.
The
CDE
shall
require
grant
recipients
to
submit
annual
budget
reports,
and
the
department
may
withhold
funds
in
subsequent
years
if
after
school
grant
funds
are
expended
for
purposes
other
than
as
awarded
(Ed.
Code,
§
8484.8(b)(3)).
(21CCLC)
48. Grant recipients shall submit quarterly expenditure reports, and the CDE may withhold funds in subsequent
years
if
21CCLC
access
or
literacy
grant
funds
are
expended
for
purposes
other
than
as
granted
(Ed.
Code,
§
8484.8(b)(4)).
(21CCLC)
49. Grant awards shall be restricted to those applications that propose primarily to serve pupils that attend
schoolwide
programs,
as
described
in
Title
I
of
the
federal
No
Child
Left
Behind
Act
of
2001
(Pub. L. 107-110). Competitive priority shall prepare a plan for continuing the program beyond federal
grant
funding
(Ed.
Code,
§
8484.8(e)(5);
20 U.S.C.
§ 7174(b)(2)(C)).
(21CCLC)
50. A grantee shall identify the federal, state, and local programs that will be combined or coordinated with
the
proposed
program
for
the
most
effective
use
of
public
resources
and
shall
prepare
a
plan
for
continuing
the
program
beyond
federal
grant
funding.
(Ed.
Code,
§
8484.8(e)(5);
20 U.S.C.
§ 7174(b)(2)(C)).
(21CCLC)
51. The program will maintain in the program’s records, and provide to the CDE, a written affirmation signed
by
officials
of
each
participating
private
school
that
the
meaningful
consultation
required
under
20 U.S.C.
Section
7881(c)(5)
has
occurred.
The
written
affirmation
shall
provide
the
option
for
private
school
officials
to
indicate
such
officials’
belief
that
timely
and
meaningful
consultation
has
not
occurred
or
that
the
program
design
is
not
equitable
with
respect
to
eligible
private
school
children.
If
such
officials
do
not
provide
such
affirmation
within
a
reasonable
period
of
time,
the
program
will
forward
the
documentation
that
such
consultation
has,
or
attempts
at
such
consultation
have,
taken
place
to
the
CDE
(20
U.S.C.
§ 7881(c)(5)).
(21CCLC)
52. The program will target students who primarily attend schools eligible for schoolwide programs under
Section
6314
of
this
title
and
the
families
of
such
students
(20
U.S.C.
§ 7174(b)(2)(F)).
(21CCLC)
ASSETs Certified Assurances: 1. The high school after school programs shall serve pupils in grades 9 to 12, inclusive (Ed. Code, § 8421(a)).
2. A high school after school program shall consist of the following two elements: a. An academic assistance element that shall include, but need not be limited to, at least one of the
following:
tutoring,
career
exploration,
homework
assistance,
or
college
preparation,
including
information
about
the
Cal
Grant
Program
established
pursuant
to
Chapter
1.7 (commencing
with
Section
69430)
of
Part
42 of
Division
5 of
Title
3. The
assistance
shall
be
coordinated
with
the
regular
academic
programs
of
the
pupils
(Ed.
Code,
§
8421
(b)(1)(A)).
For
purposes
of
this
article,
“career
exploration”
means
activities
that
help
pupils
develop
the
knowledge
and
skills
that
are
relevant
to
their
career
interests
and
reinforce
academic
content
(Ed.
Code,
§
8421(b)(1)(B)).
b. An enrichment element that may include, but need, not be limited to, community service, career
and
technical
education,
job
readiness,
opportunities
for
mentoring
and
tutoring
younger
pupils,
service
learning,
arts,
computer
and
technology
training,
physical
fitness,
and
recreation
activities
(Ed.
Code,
§
8421(b)(2)).
3. The program shall operate for a minimum of 15 hours per week (Ed. Code, § 8421(c)). 4. A program operating offsite shall provide: a. Safe transportation (if necessary) (Ed. Code, § 8421(e)(1)), and b. Availability and accessibility as similar programs conducted on school sites (Ed. Code, § 8421(e)(2)).
5. The program certifies that all of the following requirements will be fulfilled, if applicable: a. The application includes a description of the activities that will be available for pupils and lists
the
program
hours
(Ed.
Code,
§
8421(f)(1)).
b. The application includes an estimate of the following: i. The number of pupils expected to attend the program on a regular basis (Ed. Code, §
8421(f)(2)(A)).
ii. The average hours of attendance per pupil (Ed. Code, § 8421(f)(2)(B)). iii. The percentage of pupils expected to attend the program less than three days a week,
three
days
a
week,
and
more
than
three
days
a
week,
for
each
quarter
or
semester
during
the
grant
period
(Ed.
Code,
§
8421(f)(2)(C)).
c. The application documents the commitments of each partner to operate a program at a location
or
locations
that
are
safe
and
easily
accessible
to
participating
pupils
(Ed.
Code,
§
8421(f)(3);
20 U.S.C.
§ 7174(b)(2)(A)(i)).
d. The application certifies that pupils were involved in the design of the program and describes
the
extent
of
that
involvement
(Ed.
Code,
§
8421(f)(4)).
e. The application identifies federal, state, and local programs that will be combined or coordinated
with
the
high
school
after
school
program
for
the
most
effective
use
of
public
resources
and
describes
a
plan
for
implementing
the
high
school
after
school
program
beyond
federal
grant
funding
(Ed.
Code,
§
8421(f)(5);
20 U.S.C.
§ 7174(b)(2)(G)).
f. The application has been approved by the school district, or the charter school governing body,
and
the
principal
of
each
participating
school
for
each
school
site
or
other
site
(Ed.
Code,
§
8421(f)(6)).
g. The application includes a certification that the applicant has complied with the requirement in
subdivision
(b)
of
Section
8422
(Ed.
Code,
§
8421(f)(7)).
h. The application includes a certification that each applicant or partner in the application agrees
to
do
all
of
the
following:
i. Assume responsibility for the quality of the program (Ed. Code, § 8421(f)(8)(A)). ii. Follow all fiscal reporting and auditing standards required by the department (Ed.
Code,
§
8421(f)(8)(B)).
iii. Provide the following information on participating pupils to the department: 1. School day attendance rates (Ed. Code, § 8421(f)(8)(C)(i)) 2. Program attendance (Ed. Code, § 8421(f)(8)(C)(ii)) 3. Acknowledge that program evaluations will be based upon the criteria in Section
8427
(Ed.
Code,
§
8421(f)(8)(D)).
i. Certify that the applicant has complied with all federal requirements in preparing and submitting
the
application
(Ed.
Code,
§
8421(f)(9)).
6. The program certifies all of the following: a. Completion of an assessment of pupils’ preferences for program activities (Ed. Code, § 8423(c)(1)).
b. Access to, and availability of, computers and technology (Ed. Code, § 8423(c)(2)). c. Inclusion of a nutritional snack, meal, or both, and a physical activity element (Ed. Code, § 8423(c)(3)).
The
physical
activity
element
is
applicable
only
if
selected
as
an
enrichment
activity
as
part
of
Ed.
Code,
§
8421(b)(2).
d. That the program will meet all of the evaluation requirements (Ed. Code, § 8423(c)(4)). e. Fiscal accountability (Ed. Code, § 8423(c)(5)). f. Collection and use of pupil social, behavioral, or skill development data collection to support
quality
program
improvement
processes.
These
pupil
data
outcomes
may
relate
to
specific
social-emotional
competencies,
including,
but
not
necessarily
limited
to,
social
skills,
self-control,
academic
mindset,
perseverance,
conflict
resolution,
and
school
connectedness
(Ed.
Code,
§
8423(c)(6)).
7. The designated public agency representative for the applicant(s) certifies that an annual fiscal audit will
be
conducted,
and
that
adequate,
accurate
records
will
be
kept.
In
addition,
each
applicant
certifies
that
funds
received
under
this
subdivision
are
expended
only
for
those
services
and
supports
for
which
they
are
granted.
The
CDE
shall
require
grant
recipients
to
submit
annual
budget
reports,
and
the
department
may
withhold
funds
in
subsequent
years
if
after
school
grant
funds
are
expended
for
purposes
other
than
as
awarded
(Ed.
Code,
§
8484.8(b)(3)).
8. Grant recipients shall submit quarterly expenditure reports, and the CDE may withhold funds in subsequent
years
if
access
or
literacy
grant
funds
are
expended
for
purposes
other
than
as
granted
(Ed.
Code,
§
8484.8(b)(4)).
9. Grant awards shall be restricted to those applications that propose primarily to serve pupils that attend
schoolwide
programs,
as
described
in
Title
I
of
the
federal
No
Child
Left
Behind
Act
of
2001
(Pub.
L.
107-110).
Competitive
priority
shall
be
given
to
applications
that
propose
to
serve
pupils
in
schools
designated
as
being
in
need
of
improvement
under
subsection
(b)
of
Section
6316
of
Title
20 of
the
United
States
Code,
and
that
are
jointly
submitted
by
school
districts
and
community-based
organizations
(Ed.
Code,
§
8484.8(d)).
10. A grantee shall identify the federal, state, and local programs that will be combined or coordinated with
the
proposed
program
for
the
most
effective
use
of
public
resources
and
shall
prepare
a
plan
for
continuing
the
program
beyond
federal
grant
funding
(Ed.
Code,
§
8484.8(e)(5);
20 U.S.C.
§ 7174(b)(2)(C)).
11. A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance
in
accordance
with
provisions
established
by
the
department
(Ed.
Code,
§
8484.8(e)(6)).
12. If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten
or
any
of
grades
1 to
12,
inclusive,
speak
a
single
primary
language
other
than
English,
as
determined
from
the
census
data
submitted
to
the
department
pursuant
to
Section
52164
in
the
preceding
year,
all
notices,
reports,
statements,
or
records
sent
to
the
parent
or
guardian
of
any
such
pupil
by
the
school
or
school
district
shall,
in
addition
to
being
written
in
English,
be
written
in
the
primary
language,
and
may
be
responded
to
either
in
English
or
the
primary
language
(Ed.
Code,
§ 48985(a)).
13. The program will maintain in the program’s records, and provide to the CDE, a written affirmation signed
by
officials
of
each
participating
private
school
that
the
meaningful
consultation
required
under
20 U.S.C.
Section
7881(c)(5)
has
occurred.
The
written
affirmation
shall
provide
the
option
for
private
school
officials
to
indicate
such
officials’
belief
that
timely
and
meaningful
consultation
has
not
occurred
or
that
the
program
design
is
not
equitable
with
respect
to
eligible
private
school
children.
If
such
officials
do
not
provide
such
affirmation
within
a
reasonable
period
of
time,
the
program
will
forward
the
documentation
that
such
consultation
has,
or
attempts
at
such
consultation
have,
taken
place
to
the
CDE
(20
U.S.C.
§ 7881(c)(5)).
14. All funds expended will supplement, but not supplant, existing funding for after school programs.
State
categorical
funds
for
remedial
education
activities
shall
not
be
used
to
make
the
required
contribution
of
local
funds
for
those
after
school
programs
(20
U.S.C.
§ 7174(b)(2)(G)).
15. The program will target students who primarily attend schools eligible for schoolwide programs under
Section
6314
of
this
title
and
the
families
of
such
students
(20
U.S.C.
§ 7174(b)(2)(F)).
16. The proposed program will be carried out in active collaboration with the schools that participating students
attend
(including
through
the
sharing
of
relevant
data
among
the
schools)
(20
U.S.C.
§ 7174(b)(2)(D)(i)).
17. The program will align the activities provided by the program with the challenging State academic standards
(20
U.S.C.
§ 7172(c)(3)(E)).
General Assurances and Certifications required for grants supported by state and federal funds: 1. Programs and services are and will be in compliance with Title VI and Title VII of the Civil Rights Act
of
1964;
the
California
Fair
Employment
Practices
Act,
Government
Code
Section
11135;
and
Chapter
1,
Subchapter
4 (commencing
with
Section
30)
of
Division
I
of
Title
5,
California
Code
of
Regulations
(5
C.C.R.
§ 40).
2. Programs and services are and will be in compliance with Title IX (nondiscrimination on the basis of
sex)
of
the
Education
Amendments
of
1972.
Each
program
or
activity
conducted
by
the
local
educational
agency
(LEA)
will
be
conducted
in
compliance
with
the
provisions
of
Chapter
2,
(commencing
with
Section
200),
Prohibition
of
Discrimination
on
the
Basis
of
Sex,
of
Part
1 of
Division
1 of
Title
I
of
the
California
Education
Code,
as
well
as
all
other
applicable
provisions
of
state
law
prohibiting
discrimination
on
the
basis
of
sex.
3. Programs and services are and will be in compliance with the affirmative action provisions of the Education
Amendments
of
1972.
4. Programs and services are and will be in compliance with the Age Discrimination Act of 1975. 5. Programs and services for individuals with disabilities are in compliance with the disability laws. (Pub.
L.
105-17;
34 C.F.R.
§ 300,
303;
Section
504
of
the
Rehabilitation
Act
of
1973).
6. When federal funds are made available, they will be used to supplement the amount of state and local
funds
that
would,
in
the
absence
of
such
federal
funds,
be
made
available
for
the
uses
specified
in
the
state
plan,
and
in
no
case
supplant
such
state
or
local
funds.
(20
U.S.C.
§ 6321;
Pub.
L.
114-95,
Section
1118(b)(1))
7. All state and federal statutes, regulations, program plans, and applications appropriate to each program
under
which
federal
or
state
funds
are
made
available
through
this
application
will
be
met
by
the
applicant
agency
in
its
administration
of
each
program.
8. School site councils have developed and approved a School Plan for Student Achievement (SPSA) for
schools
participating
in
programs
funded
through
the
consolidated
application
process,
and
any
other
school
program
they
choose
to
include,
and
that
school
plans
were
developed
with
the
review,
certification,
and
advice
of
any
applicable
school
advisory
committees.
(Ed.
Code,
§
64001).
9. LEAs using their own school planning template in place of the SPSA have ensured that the content meets
the
statutory
requirements
of
schoolwide
programs
and
school
improvement
(comprehensive
support
and
improvement,
targeted
support
and
improvement,
and
additional
targeted
support
and
improvement)
under
the
Every
Student
Succeeds
Act,
as
applicable.
(Ed.
Code,
§
64001;
20 U.S.C.
§ 6311;
Pub.
L.
114-95,
Section
1111(d)(1)).
10. The LEA will use fiscal control and fund accounting procedures that will ensure proper disbursement
for
state
and
federal
funds
paid
to
that
agency
under
each
program.
(5
C.C.R.
§ 4202).
11. The LEA will make reports to the state agency or board and to the Secretary of Education as may reasonably
be
necessary
to
enable
the
state
agency
or
board
and
the
Secretary
to
perform
their
duties
and
will
maintain
such
records
and
provide
access
to
those
records
as
the
state
agency
or
board
or
the
Secretary
deems
necessary.
Such
records
will
include,
but
will
not
be
limited
to,
records
which
fully
disclose
the
amount
and
disposition
by
the
recipient
of
those
funds,
the
total
cost
of
the
activity
for
which
the
funds
are
used,
the
share
of
that
cost
provided
from
other
sources,
and
such
other
records
as
will
facilitate
an
effective
audit.
The
recipient
shall
maintain
such
records
for
three
years
after
the
completion
of
the
activities
for
which
the
funds
are
used.
(34
CFR
§ 76.722,
76.730,
76.731,
76.760;
2 C.F.R.
§ 200.333).
12. The local governing board has adopted written procedures to ensure prompt response to complaints within
60 calendar
days,
and
has
disseminated
these
procedures
to
students,
employees,
parents
or
guardians,
district/school
advisory
committees,
appropriate
private
school
officials
or
representatives,
and
other
interested
parties.
(5
C.C.R.
§ 4600
et
seq.).
13. The LEA declares that it neither uses nor will use federal funds for lobbying activities and hereby complies
with
the
certification
requirements
of
34 C.F.R.
Part
82. 14. The LEA has complied with the certification requirements under 34 C.F.R. Part 84 regarding debarment,
suspension
and
other
requirements
for
a
drug-free
workplace.
(34
C.F.R.
Part
84).
15. The LEA will provide the certification on constitutionally protected prayer. (20 U.S.C. § 7904; Pub.
L.
114-95,
Section
8524(b)).
16. The LEA administers all funds and property related to programs funded through the Consolidated Application.
(20
U.S.C.
§ 6320;
Pub.
L.
114-95,
Section
1117(d)(1)).
17. The LEA will adopt and use proper methods of administering each program including enforcement of
any
obligations
imposed
by
law
on
agencies
responsible
for
carrying
out
programs
and
correction
of
deficiencies
in
program
operations
identified
through
audits,
monitoring
or
evaluation.
(20
U.S.C.
§ 7846;
Pub.
L.
114-95,
Section
8306(a)(3)(A-B)).
18. The LEA will participate in the California Assessment of Student Performance and Progress. (Ed.
Code,
§
60640,
et
seq.).
19. The LEA assures that classroom teachers who are being assisted by instructional assistants retain their
responsibility
for
the
instruction
and
supervision
of
the
students
in
their
charge.
(Ed.
Code,
§ 45344(a)).
20. The LEA governing board has adopted a policy on parent involvement that is consistent with the purposes
and
goals
of
Education
Code
section
11502.
These
include
all
of
the
following:
(a) to
engage
parents
positively
in
their
children’s
education
by
helping
parents
to
develop
skills
to
use
at
home
that
support
their
children’s
academic
efforts
at
school
and
their
children’s
development
as
responsible
future
members
of
our
society;
(b)
to
inform
parents
that
they
can
directly
affect
the
success
of
their
children’s
learning,
by
providing
parents
with
techniques
and
strategies
that
they
may
utilize
to
improve
their
children’s
academic
success
and
to
assist
their
children
in
learning
at
home;
(c) to
build
consistent
and
effective
communication
between
the
home
and
the
school
so
that
parents
may
know
when
and
how
to
assist
their
children
in
support
of
classroom
learning
activities;
(d) to
train
teachers
and
administrators
to
communicate
effectively
with
parents;
and
(e) to
integrate
parent
involvement
programs,
including
compliance
with
this
chapter,
into
the
school’s
master
plan
for
academic
accountability.
(Ed.
Code,
§
11502,
11504).
21. Results of an annual evaluation demonstrate that the LEA and each participating school are implementing
Consolidated
Programs
that
are
not
of
low
effectiveness,
under
criteria
established
by
the
local
governing
board.
(5
C.C.R.
§ 3942)
22. The program using consolidated programs funds does not isolate or segregate students on the basis of
race,
ethnicity,
religion,
sex,
sexual
orientation
or
socioeconomic
status.
(United
States
Constitution,
Fourteenth
Amendment;
California
Constitution,
Article
1,
Section
7;
California
Gov.
Code,
§
11135-11139;
42 U.S.C.
§ 2000d;
5 C.C.R.
§ 3934).
23. Personnel, contracts, materials, supplies, and equipment purchased with Consolidated Program funds
supplement
the
basic
education
program.
(Ed.
Code,
§
62002;
5 C.C.R.
§ 3944,
3946).
24. At least 85 percent of the funds for School Improvement Programs, Title I, Title VI and Economic Impact
Aid
(State
Compensatory
Education
and
programs
for
English
learners)
are
spent
for
direct
services
to
students.
One
hundred
percent
of
Miller-Unruh
apportionments
are
spent
for
the
salary
of
specialist
reading
teachers.
(Ed.
Code,
§
63001;
5 C.C.R.
§ 3944(a)(b)).
25. State and federal categorical funds will be allocated to continuation schools in the same manner as to
comprehensive
schools,
to
the
maximum
extent
permitted
by
state
and
federal
laws
and
regulations.
(Ed.
Code,
§
48438).
26. Programs and services are and will be in compliance with Section 8355 of the California Government
Code
and
the
Drug-Free
Workplace
Act
of
1988,
and
implemented
at
C.F.R.
Part
84,
Subpart
F,
for
grantees,
as
defined
at
34 C.F.R.
Part
84,
Sections
84.105
and
84.110.
27. Federal grant recipients, sub recipients and their grant personnel are prohibited from text messaging while
driving
a
government
owned
vehicle,
or
while
driving
their
own
privately
owned
vehicle
during
official
grant
business,
or
from
using
government
supplied
electronic
equipment
to
text
message
or
when
driving.
Recipients
must
comply
with
these
conditions
under
Executive
Order
13513,
“Federal
Leadership
on
Reducing
Text
Messaging
while
Driving,”
October
1,
2009.
28. The Federal grant sub recipient has complied with the Federal Funding Accountability and Transparency
Act,
as
defined
in
2 C.F.R.
Part
25 (Pub.
L.
109-282;
Pub.
L.
110-252)
regarding
the
establishment
of
a
Data
Universal
Numbering
System
(DUNS)
number
and
maintaining
a
current/active
registration
in
the
System
for
Award
Management
web
page.
EXHIBIT H Board Policy and Administrative Procedure 5142 and Board Policy and Administrative Procedure 3516
EXHIBIT I CalSTRS Post-Retirement Employment Notice The parties acknowledge that the Contractor is a CalSTRS retiree and will be performing retired member
activities
normally
performed
by
employees
of
a
CalSTRS
employer,
and
therefore
is
subject
to
post-retirement
employment
restrictions
set
forth
in
Education
Code
sections
24114,
24116,
24214,
24214.5,
24215,
22461,
and
45134.
Contractor agrees that paragraphs (i) through (v) below satisfy all notice requirements imposed by
law.
Contractor
declares
that
prior
to
signing
this
Agreement,
Contractor
is
apprised
of
relevant
data
and
received
independent
advice
and
counsel
regarding
the
state
and
federal
tax
and
retirement
consequences
of
this
Agreement.
1. Fiscal Hours Limitation . Contractor is subject to the annual earning limitation set by Ca1STRS,
as
that
limit
may
change
from
time
to
time.
For
the
2018-2019
fiscal
year,
the
earning
limit
is
set
at
Forty-Five
Thousand
Twenty-Two
Dollars
($45,022).
Contractor
shall
be
solely
responsible
for
monitoring
the
earning
limits
in
order
to
ensure
compliance
with
this
limit.
If
Contractor
exceeds
the
annual
earnings
limit
set
by
CalSTRS,
Contractor
shall
be
solely
liable
for
any
penalties
or
re-payments
imposed
by
Ca1STRS
on
either
the
Contractor
or
the
District
as
a
result
of
exceeding
this
limit.
2. Unemployment Insurance Payment . Contractor represents to the District that Contractor did
not
receive
any
unemployment
insurance
payments
in
the
preceding
twelve
months
prior
to
the
Effective
Date.
3. 180 Day Waiting Period . Contractor represents to the District that as of the Effective Date
at
least
180
days
have
passed
since
the
Contractor
retired
from
the
CalSTRS
system.
4. CalSTRS Retirement Incentive Program . Contractor represents to the District that he/she has
not
received
an
incentive
to
retire
under
the
CalSTRS
Retirement
Incentive
Program.
5. Special Skills . The Parties agree that Contractor cannot work in a classified position, except
as
a
teacher’s
aide.
The
Parties
also
agree
that
Contractor
possesses
specialized
skills.
Further,
Contractor
represents
that
he/she
possesses
the
credentials
required
to
perform
the
duties
set
forth
in
this
Agreement.
EXHIBIT J CalPERS Notice of Exclusion If applicable, please use CalPERS Form 1007 “Notice of Exclusion from CalPERS Membership” located
here:
https://www.calpers.ca.gov/docs/forms-publications/notice-of-exclusion-from-calpers-membership-state-agency-calpers-1007.pdf
EXHIBIT K Privacy Requirements 1. Family Educational Rights and Privacy Act . The Family Educational Rights and
Privacy
Act
(“FERPA”)
(20
U.S.C.
§
1232g)
and
the
federal
regulations
that
implement
FERPA
(34
C.F.R.
Part
99),
set
forth
requirements
for
protecting
the
privacy
of
parent
and
student
information,
including,
among
others,
requirements
for
maintaining
the
confidentiality
of
personally
identifiable
information
(e.g.,
names,
addresses,
telephone
numbers,
dates
of
birth,
test
scores,
et
cetera).
To
the
extent,
in
connection
with
the
ELOP
Services,
the
Provider
accesses,
obtains,
stores,
uses,
or
discloses
any
information
within
the
scope
of
FERPA
(regardless
of
whether
inadvertently,
accidentally,
purposefully,
or
otherwise),
then,
without
limiting
anything
else
in
this
Agreement,
the
Provider
shall
comply
with
any
and
all
applicable
requirements
of
FERPA
and
its
implementing
regulations.
2. Health Insurance Portability and Accountability Act . The Health Insurance Portability
and
Accountability
Act,
Public
Law
104-191
(“HIPAA”)
and
the
federal
regulations
that
implement
HIPAA
(42
U.S.C.
§
1320d-6),
set
forth
requirements
for,
among
other
things,
use
and
disclosure
of
individuals’
health
information,
including,
among
others,
requirements
for
individuals
to
control
use
of
their
health
information
and
for
entities
possessing
such
health
information
to
properly
protect
it
from
unauthorized
disclosure.
In
addition,
the
Health
Information
Technology
for
Economic
and
Clinical
Health
Act
of
2009,
Public
Law
111-5
(“HITECH”)
and
the
federal
regulations
that
implement
HITECH,
address
concerns
associated
with
electronic
transmission
of
health
information
and
establishes
penalties
for
violations.
To
the
extent,
in
connection
with
the
ELOP
Services,
the
Provider
accesses,
obtains,
stores,
uses,
or
discloses
any
information
within
the
scope
of
HIPAA
and/or
HITECH
(regardless
of
whether
inadvertently,
accidentally,
purposefully,
or
otherwise),
then,
without
limiting
anything
else
in
this
Agreement,
the
Provider
shall
comply
with
any
and
all
applicable
requirements
of
HIPAA
and/or
HITECH,
and
their
respective
implementing
regulations.
3. Student Online Information Protection Act . Division 8, Chapter 22.2 (commencing
with
Section
22584)
of
the
California
Business
and
Professions
Code,
which
is
the
Student
Online
Personal
Information
Protection
Act
(“SOPIPA”),
sets
forth
privacy
laws
for
operators
of
websites,
online
services,
and
applications
that
are
marketed
and
used
for
K-12
school
purposes,
even
if
those
operators
do
not
contract
with
educational
agencies.
To
the
extent,
in
connection
with
the
ELOP
Services,
the
Provider
accesses,
obtains,
stores,
uses,
or
discloses
any
information
within
the
scope
of
SOPIPA
(regardless
of
whether
inadvertently,
accidentally,
purposefully,
or
otherwise),
then,
without
limiting
anything
else
in
this
Agreement,
the
Provider
shall
comply
with
any
and
all
applicable
requirements
of
SOPIPA.
4. Children’s Online Privacy Act . California Education Code Section 49073.1 sets forth
requirements
for
contracts
for
third-party
storage,
management,
and
retrieval
of
pupil
records
and
contracts
for
digital
educational
software
that
authorizes
any
third-party
to
access,
store
and
use
pupil
records,
including,
among
others,
requirements
for
limitations
and
procedures
relating
to
access
and
use
of
information
maintained
by
educational
agencies
and
information
acquired
directly
from
pupils.
To
the
extent,
in
connection
with
the
ELOP
Services,
the
Provider
accesses,
obtains,
stores,
uses,
or
discloses
any
information
within
the
scope
of
Section
49073.1
(regardless
of
whether
inadvertently,
accidentally,
purposefully,
or
otherwise),
then,
without
limiting
anything
else
in
this
Agreement,
the
Provider
shall
comply
with
any
and
all
applicable
requirements of Section 49073.1. For such purposes, the provisions specified in Section 49073.1 are
deemed
and
construed
to
be
incorporated
into
this
Agreement
by
this
reference.
5. Children’s Online Privacy Protection Rule . The Children’s Online Privacy Protection
Act
of
1998
set
forth
in
Title
15 USC
Section
6501
et
seq.
(“COPPA”)
prohibits
unfair
or
deceptive
acts
or
practices
in
connection
with
the
collection,
use,
and/or
disclosure
of
personal
information
from
and
about
children
on
the
internet.
To
the
extent,
in
connection
with
the
ELOP
Services,
the
Provider
accesses,
obtains,
stores,
uses,
or
discloses
any
information
within
the
scope
of
COPPA
(regardless
of
whether
inadvertently,
accidentally,
purposefully,
or
otherwise),
then,
without
limiting
anything
else
in
this
Agreement,
the
Provider
shall
comply
with
any
and
all
applicable
requirements
of
COPPA.
6. Reporting of Incidents . In the event, in connection with the ELOP Services, the Provider
becomes
aware
of
any
violation
of
any
of
the
foregoing
provisions
described
in
this
Attachment
B,
then,
within
twenty-four
(24)
hours
of
becoming
aware
of
the
violation
(in
each
case,
an
“Incident”),
the
Provider
shall
submit
a
written
report
of
the
Incident
to
the
District,
which
shall
include,
without
limitation,
a
reasonably
detailed
description
of
the
related
facts
known
by
the
Provider
and
copies
of
any
and
all
documentation
relating
to
the
Incident
that
is
within
the
possession
or
control
of
the
Provider.