Cities Index.
Service Agreement - ELO-P - Crowley _ Manuel 2026_27

Visalia City Council
July 20, 2026

Document
Service Agreement - ELO-P - Crowley _ Manuel 2026_27
Meeting
July 20, 2026
Body
Visalia City Council
Original file
4.9 MB
Text extracted from the city's file for reading and search. Open the original on visalia.legistar1.com. That file is the official record.

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

mail

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

email

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.

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