2015/2016 MASTER CONTRACT AGREEMENT BETWEEN THE FONTANA UNIFIED SCHOOL DISTRICT AND SUPPLEMENTAL EDUCATIONAL SERVICES PROVIDER, (Contractor/Agency Name) SECTION I AUTHORIZATION FOR MASTER CONTRACT AND GENERAL PROVISIONS 1. MASTER CONTRACT This Master Contract (“MASTER CONTRACT” or “CONTRACT”) is entered into this day of , between the Fontana Unified School District (hereinafter referred to as “DISTRICT” or “FUSD”), a California public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California and (hereinafter referred to as “CONTRACTOR”), a California corporation/LLC, etc. for the purpose of providing Supplemental Educational Services (hereinafter referred to as “SES” or “Supplemental Educational Services” and defined in Section 6(a)) to all eligible FUSD students whose parents choose CONTRACTOR under the No Child Left Behind (hereinafter referred to as “NCLB”) Act. DISTRICT and CONTRACTOR may be referred to collectively herein as the “Parties”. WHEREAS, the No Child Left Behind Act, 20 U.S.C. Section 6316(e) outlines the requirements for Supplemental Educational Services; and WHEREAS, Section 6316(e)(3) contains the following requirements: a. Requires the DISTRICT to develop, in consultation with parents (and the CONTRACTOR chosen by parents), a statement of specific achievement goals for the student, how the student’s progress will be measured, and a timetable for improving achievement that, in the case of a student with disabilities, is consistent with the student’s IEP; b. Requires a description of how the student’s parents and teacher or teachers will be regularly informed of the student’s progress; c. Requires a provision for the termination of the Agreement if the CONTRACTOR is unable to meet the goals and timetables required; d. Requires provisions with respect to the making payment to the CONTRACTOR by the DISTRICT; e. Prohibits the CONTRACTOR from disclosing to the public the identity of any student eligible for, or receiving supplemental services without the written permission of the parent of such student; and WHEREAS, the Parties desire to enter into a contract to allow CONTRACTOR to provide SES services to FUSD students. Now, therefore, and in consideration of the mutual covenants and conditions herein contained, DISTRICT and CONTRACTOR agree as follows:

2015/16 Supplemental Services Contract Page 1 of 26 Initials 2. CERTIFICATION/APPROVAL CONTRACTOR shall be certified or otherwise approved by California Department of Education (hereinafter referred to as “CDE”) as a Supplemental Educational Services Provider. A current copy of CONTRACTOR’S Supplemental Educational Services Provider certification or approval must be provided to FUSD on or before the date determined by the Categorical Programs Office. This MASTER CONTRACT shall be null and void if such certification or approval expires, or is revoked, rescinded, or otherwise nullified during the Term of this MASTER CONTRACT. 3. COMPLIANCE WITH LAWS, STATUES, REGULATIONS During the Term of this MASTER CONTRACT, CONTRACTOR shall comply with all applicable federal, state, and local statues, laws, ordinances, rules, policies, and regulations, as well as FUSD policies and procedures. CONTRACTOR hereby acknowledges and agrees that it accepts all risks and responsibilities for its failure to comply with FUSD policies and procedures and shall indemnify FUSD under the provisions of Section 17 of this MASTER CONTRACT for all liability, loss, damage and expense (including reasonable attorneys’ fees) resulting from or arising out of CONTRACTOR’S failure to comply with FUSD policies, and procedures. 4. ATTORNEYS’ FEES AND COSTS In the event of any dispute regarding the terms, conditions or performance of this Contract, the prevailing party, as determined by a court of competent jurisdiction, shall be entitled to reasonable attorneys’ fees, costs, and expenses. 5. TERM OF MASTER CONTRACT This MASTER CONTRACT shall have a term not to exceed one (1) year and will commence on the Effective Date (date approved by Board of Education) and end June 30, 2015 or as otherwise provided herein. Funding requirements may mean that the services of the CONTRACTOR will expire before the term is completed. Upon expiration of funding, the MASTER CONTRACT shall terminate. 6. INTEGRATION This MASTER CONTRACT and all attachments and amendments thereto including each SLP and the DISTRICT’S policies and procedures, per Section I (3) above, constitute the entire agreement between FUSD and CONTRACTOR. This MASTER CONTRACT supersedes any prior or contemporaneous written or oral understanding or agreement. This MASTER CONTRACT may be amended only by written amendment executed by both Parties. Notwithstanding the foregoing sentence, FUSD may modify or amend this MASTER CONTRACT without CONTRACTOR’S consent to conform to federal and state law and regulations. 7. DEFINITIONS The following definitions shall apply for purposes of this MASTER CONTRACT: a. The term “basic program” means the minimum number of sessions and hours per session needed to complete a CONTRACTOR’s SES program as identified in the CONTRACTOR’s application, including the administration of pre and post tests. b. The phrase “billable day of attendance” shall have the meaning set forth in Section 24 of this MASTER CONTRACT.

2015/16 Supplemental Services Contract Page 2 of 26 Initials c. The phrase “complete application” means an application with complete student contact information, the name of three (3) different CONTRACTORS, and the dated signature of the parent/guardian. d. The term “days” means calendar days unless otherwise specified. e. The term “eligible student” means a student from a low-income family, as determined by the District for the purposes of allocating funds under section 1113(c)(1), of NCLB (20 U.S.C. section 6313), who is attending a Title I school that is in its second year of school improvement, in corrective action, or in restructuring. f. The term “incentive” means any up-front monetary or material gifts valued at more than $2.00 given to parents or students to encourage them to choose a specific CONTRACTOR to provide Supplemental Educational Services to their child and incentives valued at $5.00 each or $50.00 in the aggregate used within a CONTRACTOR’S program to encourage students to reach certain achievement or attendance levels AFTER they have begun service. g. The term “ineligible student” means a student that is not from a low-income family, as determined by the District for the purposes of allocating funds under section 1113(c)(1), of NCLB (20 U.S.C. section 6313), who does not attend a Title I school that is in its second year of school improvement, in corrective action, or in restructuring. h. The term “measurable goal” is a statement that must clearly communicate what the student is expected to accomplish and specify the criterion of measure that will be used to determine whether or not the student has attained the goal. i. The term “parent” means the natural parent, adoptive parent, parent surrogate, legal guardian, or any other adult granted educational decision-making rights by the natural or adoptive parent or a court of competent jurisdiction. j. “Pre and post tests” means tests administered to a student at the beginning and conclusion of the SES tutoring program as defined in the approved application. k. The term “qualified” means that a person has met federal and state certification, licensing, registration, or other comparable requirements (e.g., professional development, coursework completed, etc.) which apply to the area in which he or she is providing Supplemental Educational Services, or, in the absence of such requirements, the state- education-agency-approved or recognized requirements, and adheres to the standards of professional practice established in federal and state law or regulation. l. The phrase “SMART Goal” is an acronym that represents goal setting that is Specific, Measurable, Attainable, Results-oriented, and Time-bound. m. The term “Student Learning Plan (SLP)” means a plan which states specific achievement goals for a student, how each student’s progress will be measured, a timetable for demonstrating the student’s academic achievement, and when applicable, is consistent with a student’s individualized education program (IEP) under section 614(d) of the Individuals with Disabilities Education Act or a 504 Plan under 29 U.S.C. section 794(a). n. The term “Supplemental Educational Services (SES)” means “additional academic instruction designed to increase the academic achievement of students in low-performing schools.” These services may include academic assistance such as tutoring, remediation and other educational interventions, provided that such approaches are consistent with the content and instruction used by the District and are aligned with the State of California’s academic content standards. Supplemental Educational Services must be provided 2015/16 Supplemental Services Contract Page 3 of 26 Initials outside of the regular school day. Supplemental Educational Services must be high quality, research-based, and specifically designed to increase student academic achievement. [NCLB, Title I, Part A, Section 1116(e)(12)(C)] 8. DISPUTES – UNIFORM COMPLAINT All complaints will be processed in conformance with the District’s Uniform Complaint Procedure as provided for in Board Policy Number 1312.4, and Title 34, Code of Federal Regulations, Sections 76.780-783. This form can be accessed from the DISTRICT’S website at www.fusd.net in the Quick Links section. SECTION II ADMINISTRATION OF MASTER CONTRACT 9. NOTICES Notices: Any notice or other communication (including payment hereunder) required or permitted to be given hereunder shall be in writing and shall be hand delivered or sent next-day delivery by a company where a receipt is given to the address as follows:

Notices and correspondence mailed to CONTRACTOR Payment and billing inquires mailed to CONTRACTOR shall be addressed to: shall be addressed to: CONTRACTOR: Company/DBA CONTRACTOR: Company/DBA Department/Office Department/Office Attn: Name Attn: Name Mailing Address Mailing Address City State Zip City State Zip Phone: ( ) Phone: ( ) Fax: ( ) Fax: ( ) Email: Email: Notices and correspondence mailed to FUSD shall be addressed to: Fontana Unified School District Categorical Programs Office 9680 Citrus Avenue Fontana, CA 92334-5090 Phone: (909) 357-7600, ext. 29178 Fax: (909) 357-7556 Email: [email protected] 10. MAINTENANCE OF RECORDS/CONFIDENTIALITY 10.1 CONTRACTOR will comply with all federal, state, and local laws, rules and regulations regarding personally identifiable information concerning District students, employees and agents and shall not disclose to the public the identity of any student eligible for, or receiving, Supplemental Educational Services without the written permission from the parents of such student. (Section 1116(e)(2)(D)) CONTRACTOR may have limited access to student information only for the purpose of providing the services set forth in this

2015/16 Supplemental Services Contract Page 4 of 26 Initials MASTER CONTRACT. CONTRACTOR has no right to use the information for any other purposes. 10.1.1 So that confidential student records, information, or personal data are not improperly or inappropriately released, discussion of a student must be done by telephone, facsimile, or mail. An electronic mail system is a non-secure system as student information is subject to interception by any number of computer systems and operators of those systems. Any student information sent through email without the appropriate encryption may be obtained by persons who have no authority to view the information. Civil Code sections 1798.29 and 1798.82 prohibit the unauthorized release of personal information through an electronic media. Therefore, any communication regarding student(s) though email will be done using the student(s) released school identification number only. 10.2 CONTRACTOR shall allow access to all records or reports, or other matter relating to this MASTER CONTRACT, upon request by District. All reports, data, models, charts, studies, surveys, photographs, memoranda, plans, specifications, records, files, or any other documents or materials, in electronic or any other form, that the CONTRACTOR prepares or obtains pursuant to this MASTER CONTRACT and that relate to the matters covered hereunder shall be the property of the DISTRICT. CONTRACTOR hereby agrees to deliver those documents to the DISTRICT upon termination of the MASTER CONTRACT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the District and are not necessarily suitable for any future or other use. CONTRACTOR shall maintain fiscal records for five (5) years and shall keep them available for audit. Under California Government Code Section 8546.7, if the amount of public funds expended under this MASTER CONTRACT exceeds TEN THOUSAND DOLLARS ($10,000.00), the MASTER CONTRACT shall be subject to the examination and audit of the State Auditor, at the request of the DISTRICT or as part of any audit of the DISTRICT, for a period of three (3) years after final payment under the MASTER CONTRACT. 10.3 CONTRACTOR agrees to provide access to and copies of all student records to District and/or parent and/or guardians of District’s student. No student record shall be provided to any person, agency, or corporation except with written permission from parent or guardian, or as otherwise provided by law or court order. Upon completion of this MASTER CONTRACT or its earlier termination, CONTRACTOR shall hand over to District all CONTRACTOR student records of District students to whom CONTRACTOR has provided services under this MASTER CONTRACT. 10.4 CONTRACTOR shall keep all student records in secure location, with access to such records only permitted to those authorized by law. CONTRACTOR shall maintain a current list of the names and positions of CONTRACTOR’S employees who have access to confidential records. CONTRACTOR shall maintain an access log for each FUSD student’s record that list all persons, agencies, or organizations requesting or receiving information from the record. Such log shall be maintained as required by California Education Code Section 49064 and include the name title, agency/organization affiliation, and date/time of access for each individual requesting or receiving information from FUSD student’s record. 10.4.1 Such log need not record access to the FUSD student’s pupil records by: (a) the FUSD student’s parent; (b) the FUSD student, to the extent permitted by Education

2015/16 Supplemental Services Contract Page 5 of 26 Initials Code Sections 49069 or 49076(a)(6); (c) an individual to whom written consent has been executed by the FUSD student’s parent; or (d) employees of FUSD or CONTRACTOR having legitimate educational interest in requesting or receiving information from the pupil record. For purposes of clause (d) above, “employees of FUSD or CONTRACTOR” do not include subcontractors. 10.5 CONTRACTOR shall keep records of attendance of each District student, including the name/address of student, the name of the employee who rendered service, each date and time service was provided. Such records shall be available for inspection at all reasonable hours, and shall be kept and maintained at the premises where the service is provided. 10.6 CONTRACTOR represents that is shall not publish or cause to be disseminated through any press release, public statement, or marketing or selling effort any information which is related to this MASTER CONTRACT or the services provided hereunder without prior written approval of District. 11. SEVERABILITY CLAUSE If a court of competent jurisdiction finds or rules that any provision of this MASTER CONTRACT is invalid, void, or unenforceable, the provisions of this MASTER CONTRACT not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this MASTER CONTRACT shall not void or affect the validity of any other provision of this MASTER CONTRACT. 12. SUCCESSORS IN INTEREST This MASTER CONTRACT shall insure to the benefit of and shall apply to and bind successors and assignees of the Parties. 13. VENUE AND GOVERNING LAW The terms and conditions of this MASTER CONTRACT shall be governed by Federal and State Law, and venue for any action shall be in San Bernardino County, California. 14. TERMINATION 14.1 FUSD may by written notice to the CONTRACTOR, terminate this MASTER CONTRACT in whole or in part at any time and without cause. In the event of termination, CONTRACTOR shall be entitled to compensation for services performed to the effective date of termination, the DISTRICT, however, may condition payment of such compensation upon CONTRACTOR delivering to the DISTRICT and or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONTRACTOR or prepared by or for CONTRACTOR or the DISTRICT in connection with this MASTER CONTRACT. The DISTRICT may, in its sole discretion, provide CONTRACTOR with a reasonable period within which to cure any default. Any notice of intended termination shall be in writing and shall set forth the defaulted goals and timetables, or other violation, and shall provide that after mailing or delivery the Contract is terminated three-days thereafter. Said notice may be instituted at the direction of the DISTRICT or at the request of the parent(s) of the student for whom the CONTRACTOR is providing services. Upon receipt of such notice, the CONTRACTOR shall: 14.1.1 Immediately discontinue all services affected (unless the notice directs otherwise); and; 14.1.2 Deliver to FUSD all information and material as may have been involved in the provision of services whether provided by the FUSD or generated by the

2015/16 Supplemental Services Contract Page 6 of 26 Initials CONTRACTOR in the performance of this MASTER CONTRACT, whether completed or in process. Termination of this MASTER CONTRACT shall be as of the date of receipt by the CONTRACTOR of such notice. 14.2 If the termination is for the failure of CONTRACTOR to fulfill its contractual obligations, FUSD may assume responsibility for the services, and complete the services by contract or otherwise. CONTRACTOR shall be liable for the reasonable costs and expenses related to the transfer of FUSD students to another SES provider. The expense of completing the services, or any other costs or damages otherwise resulting from the failure of the CONTRACTOR to fulfill its obligations, will be charged to the CONTRACTOR and will be deducted by the District out of such payments as may be due or may at any time thereafter become due to the CONTRACTOR. If such costs and expenses are in excess of sum which otherwise would have been payable to the CONTRACTOR, then the CONTRACTOR shall promptly pay the amount of such excess to FUSD upon notice of the excess is due. 14.3 CONTRACTOR shall not be entitled to anticipatory, lost profits, or consequential damages as a result of any termination under this section. Payment to CONTRACTOR in accordance with this section shall constitute CONTRACTOR’S exclusive remedy for any termination hereunder. The rights and remedies of FUSD provided in this section are in addition to any other rights and remedies provided by law or under this MASTER CONTRACT. 14.4 At anytime during the contract year, you as the CONTRACTOR are removed from the California State list of approved Supplemental Educational Service providers, all services will be reviewed and/or curtailed immediately. Parents who have selected your services, but services have not begun, will be required to select another provider that is state approved. 15. INSURANCE Before beginning any work under this MASTER CONTRACT, CONTRACTOR, at its own cost and expense, shall procure “occurrence coverage” insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the CONTRACTOR and it agents, representatives, employees, and subcontractors. CONTRACTOR shall provide proof satisfactory to the DISTRICT of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the DISTRICT. CONTRACTOR shall maintain the insurance policies required by this section throughout the term of this MASTER CONTRACT. The cost of such insurance shall be included in the CONTRACTOR’s bid. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until CONTRACTOR has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to the DISTRICT verification of the required insurance shall be submitted and made part of this MASTER CONTRACT prior to execution. 15.1 Workers’ Compensation. CONTRACTOR shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, CONTRACTOR may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract 2015/16 Supplemental Services Contract Page 7 of 26 Initials Administrator. The insurer, if insurance is provided, or the CONTRACTOR, if a program of self-insurance is provided, shall waive all rights of subrogation against the DISTRICT and its officers, officials, employees, and volunteers for loss arising from work performed under this MASTER CONTRACT. An endorsement shall state that coverage shall not be cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the DISTRICT. CONTRACTOR shall notify the DISTRICT within 14 days of notification from CONTRACTOR’S insurer if such coverage is suspended, voided or reduced in coverage or in limits. 15.2 Commercial General and Automobile Liability Insurance 15.2.1 General requirements. CONTRACTOR, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this MASTER CONTRACT in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this MASTER CONTRACT. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefore, and damage to property resulting from activities contemplated under this MASTER CONTRACT, including the use of owned and non-owned automobiles. 15.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 15.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. The DISTRICT and its officers, employees, agents, and volunteers shall be covered as additional insured’s with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, including the insured’s general supervision of CONTRACTOR; products and completed operations of CONTRACTOR; premises owned, occupied, or used by CONTRACTOR; and automobiles owned, leased, or used by the CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to the DISTRICT or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the DISTRICT and its officers, officials, employees and volunteers, and that no

2015/16 Supplemental Services Contract Page 8 of 26 Initials insurance or self-insurance maintained by the DISTRICT shall be called upon to contribute to a loss under the coverage. d. Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to the DISTRICT and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District. CONTRACTOR shall notify the District within 14 days of notification from CONTRACTOR’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 15.3 Professional Liability Insurance. CONTRACTOR, at its own cost and expense, shall maintain for the period covered by this MASTER CONTRACT professional liability insurance for licensed professionals performing work pursuant to this MASTER CONTRACT in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 15.3.1 Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) per claim. 15.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the DISTRICT. 15.3.3 The following provisions shall apply if the professional liability coverage’s are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the MASTER CONTRACT. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the MASTER CONTRACT or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this MASTER CONTRACT, CONTRACTOR must provide extended reporting coverage for a minimum of five years after completion of the MASTER CONTRACT or the work. The DISTRICT shall have the right to exercise, at the CONTRACTOR’s sole cost and expense, any extended reporting provisions of the policy, if the CONTRACTOR cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the DISTRICT prior to the commencement of any work under this MASTER CONTRACT. 15.4 All Policies Requirements 15.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests’ rating of no less than A:VII. 15.4.2 Verification of coverage. Prior to beginning any work under this MASTER CONTRACT, CONTRACTOR shall furnish the DISTRICT with certificates of insurance and with original endorsements effecting coverage required herein. The 2015/16 Supplemental Services Contract Page 9 of 26 Initials certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The DISTRICT reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.4.3 Subcontractors. CONTRACTOR shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 15.4.4 Variation. The DISTRICT may approve a variation in the foregoing insurance requirements, upon a determination that the coverage’s, scope, limits, and forms of such insurance are either not commercially available, or that the DISTRICT’s interests are otherwise fully protected. 15.4.5 Deductibles and Self-Insured Retentions. CONTRACTOR shall disclose to and obtain the approval of the DISTRICT for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this MASTER CONTRACT. During the period covered by this MASTER CONTRACT, only upon the prior express written authorization of Contract Administrator, CONTRACTOR may increase such deductibles or self-insured retentions with respect to the DISTRICT, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that CONTRACTOR procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 15.4.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to the DISTRICT at CONTRACTOR’s earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage. 15.5 Remedies. In addition to any other remedies the DISTRICT may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the DISTRICT may, at its sole option exercise any of the following remedies, which are alternatives to other remedies the DISTRICT may have and are not the exclusive remedy for CONTRACTOR’s breach: . Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the MASTER CONTRACT; . Order CONTRACTOR to stop work under this MASTER CONTRACT or withhold any payment that becomes due to CONTRACTOR hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof; and/or . Terminate this MASTER CONTRACT. 16. INDEMNIFICATION AND HOLD HARMLESS 16.1 General Requirement. To the maximum extent permitted by law, CONTRACTOR shall, at its own expense, indemnify, defend with counsel acceptable to the DISTRICT, (which acceptance will not be unreasonably withheld), and hold harmless the DISTRICT and its officers, officials, employees, agents and volunteers (“Indemnitees”) from and against any 2015/16 Supplemental Services Contract Page 10 of 26 Initials and all liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, claims expenses, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature, whether actual, alleged or threatened, arising out of or in connection with the services set forth herein or CONTRACTOR’s failure to comply with any of the terms of this MASTER CONTRACT, regardless of any fault or alleged fault of the Indemnitees. The CONTRACTOR’s obligation to indemnify, defend and hold harmless under this provision shall not be excused because of the CONTRACTOR’s inability to evaluate Liability, or because the CONTRACTOR evaluates Liability and determines that the CONTRACTOR is not or may not be liable. The CONTRACTOR must respond within 30 calendar days to any tender for defense and indemnity by the DISTRICT, unless the time for responding has been extended by an authorized representative of the DISTRICT in writing. If the CONTRACTOR fails to accept tender of defense and indemnity within 30 calendar days, in addition to any other remedies authorized by law, so much of the money due or that may become due the CONTRACTOR under this MASTER CONTRACT as shall reasonably be considered necessary by the DISTRICT, may be retained by the DISTRICT until disposition has been made of the matter subject to tender, or until the CONTRACTOR accepts the tender, whichever occurs first. In the event that the DISTRICT must file responsive documents in a matter tendered to CONTRACTOR prior to CONTRACTOR’s acceptance of tender, CONTRACTOR agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation, incurred by the DISTRICT in filing such responsive documents. The CONTRACTOR waives any and all rights to express or implied indemnity against the Indemnitees concerning any Liability of the CONTRACTOR arising out of or in connection with the Services or CONTRACTOR’s failure to comply with any of the terms of this MASTER CONTRACT. 16.2 CalSTRS Indemnification. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this MASTER CONTRACT is determined by a court of competent jurisdiction or the California State Teachers’ Retirement System (“CalSTRS”) to be eligible for enrollment in CalSTRS as an employee of the DISTRICT, CONTRACTOR shall indemnify, defend, and hold harmless the DISTRICT for the payment of any employee and/or employer contributions for CalSTRS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the DISTRICT. 17. INDEPENDENT CONTRACTOR 17.1 At all times during the term of this MASTER CONTRACT, CONTRACTOR shall be an independent contractor and shall not be an employee of the DISTRICT. The DISTRICT shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this MASTER CONTRACT and assignment of personnel; however, otherwise the DISTRICT shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this MASTER CONTRACT. Notwithstanding any other local, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing services under this MASTER CONTRACT shall not qualify for or become entitled to, and hereby agree to waive any

2015/16 Supplemental Services Contract Page 11 of 26 Initials and all claims to, any compensation, benefit, or any incident of employment by the DISTRICT, including but not limited to eligibility to enroll in CalSTRS as an employee of the DISTRICT and entitlement to any contribution to be paid by the DISTRICT for employer contributions and/or employee contributions for CalSTRS benefits. CONTRACTOR shall not allow any employee to become eligible for a claim for CalSTRS benefits. 17.2 CONTRACTOR No Agent. Except as the DISTRICT may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of the DISTRICT in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this MASTER CONTRACT to bind the DISTRICT to any obligation whatsoever. 17.3 If the CONTRACTOR employs FUSD employees, CONTRACTOR must ensure that these staff members understand they are working as contractors of CONTRACTOR and must look solely to the CONTRACTOR for wages and benefits, if any. If the CONTRACTOR employs FUSD employees, CONTRACTOR must notify its employees that the CONTRACTOR has the responsibility to receive and process complaints regarding their employment relationships with the CONTRACTOR. 18. SUBCONTRACT AND ASSIGNMENT CONTRACTOR waives any right to subcontract or assign this Contract to any third party accept with the express written consent of DISTRICT. In the event a subcontract or assignment is consented to by the DISTRICT, such consent shall only be given to a CONTRACTOR certified by the California Department of Education. Any sub- CONTRACTOR or assignee shall be bound by the terms and conditions of this Contract including the insurance and indemnification provisions. CONTRACTOR shall incorporate all of the provisions of this MASTER CONTRACT into all subcontracts, to the fullest extent reasonably possible. Furthermore, when CONTRACTOR enters into subcontracts for the provision of Supplemental Educational Services for any FUSD student, CONTRACTOR shall ensure that such subcontract shall require the subcontractor to keep in effect appropriate policies of liability insurance including, but not limited to, general liability, professional liability, and automobile liability polices acceptable to FUSD with the limits stated in Section 16. CONTRACTOR shall ensure that such subcontract shall require the subcontractor’s insurance provider to send written notice of cancellation to FUSD at least thirty (30) days prior to cancellation or material change in coverage or terms of policy. 18.1 Transportation. When CONTRACTOR enters into subcontracts for the provision of transportation services, CONTRACTOR shall ensure that such subcontract shall require the subcontractor to keep in effect a liability insurance policy providing at least $1,000,000 per occurrence and $1,000,000 in aggregate coverage. CONTRACTOR shall ensure that such subcontract shall require the subcontractor’s insurance provider to send written notice of cancellation to the FUSD at least thirty (30) days prior to cancellation or material change in coverage or terms of policy. CONTRACTOR shall ensure that such subcontract shall require the transportation subcontractor to provide proof of insurance to FUSD before the start of transportation services by that transportation subcontractor and upon renewal of coverage thereafter. Certificates of insurance are acceptable proof of insurance. CONTRACTOR shall ensure that such subcontract shall require the transportation subcontractor to provide copies of its insurance policies upon request of FUSD. 18.2 CONTRACTOR shall not provide transportation or subcontract for transportation services for FUSD students unless FUSD and CONTRACTOR agree otherwise in writing.

2015/16 Supplemental Services Contract Page 12 of 26 Initials Failure of the CONTRACTOR to require its subcontractor(s) to obtain and maintain the same minimum limits and coverages and to provide the required certificates, endorsements and policies as described in Section 16 shall also constitute a material breach of, and may result in, termination of this MASTER CONTRACT. 19. CONFLICT OF INTEREST CONTRACTOR agrees to furnish to DISTRICT (upon request) a valid copy of the most recently adopted partnership agreements or bylaws of the corporation and also a complete and accurate list of the Governing Board of Trustees (or Directors or Partners) if it is incorporated. CONTRACTOR and any member of its Board of Directors (or Trustees) shall avoid any actual or potential conflict of interest on behalf of itself or its employees providing services hereunder, including, but not limited to, employment with DISTRICT. Employees of the DISTRICT must disclose any relationship with an approved CONTRACTOR that may give rise to a conflict of interest or the appearance of impartiality. Should a conflict of interest issue arise, CONTRACTOR agrees to fully cooperate in any inquiry and to provide the District with all documents or other information reasonably necessary to enable the District to determine whether or not a conflict of interest existed or exists. Failure to comply with the provisions of this section shall constitute grounds for immediate termination of this MASTER CONTRACT, in addition to whatever other remedies the District may have. Instructional staff may work for an SES CONTRACTOR in which their DISTRICT has an SES contract, but must: 19.1 Declare involvement by completing a Dual Employment Disclosure form (Attachment G) and submitting a copy to the DISTRICT prior to program implementation. CONTRACTOR must retain the signed original for each FUSD employee who is also employed by the CONTRACTOR; 19.2 Not engage in any recruiting activities such as distributing or collecting enrollment forms; 19.3 Not promote or encourage their students to enroll in the CONTRACTOR’S program. CONTRACTORS are prohibited from recruiting staff during enrollment periods. All flyers, postings and/or advertisements for employment must go through the Fontana Teacher Association Office (FTA) and United Steelworkers (USW). CONTRACTOR shall not conduct or solicit any non-District business while on District property or time. 20. NON-DISCRIMINATION CONTRACTOR shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by CONTRACTOR under this MASTER CONTRACT. CONTRACTOR shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this MASTER CONTRACT, including but not limited to the satisfaction of any positive obligations required of CONTRACTOR thereby. CONTRACTOR shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this MASTER CONTRACT. 2015/16 Supplemental Services Contract Page 13 of 26 Initials 21. MARKETING, ENROLLMENT, CONTRACTING, AND PROVIDER FAIRS CONTRACTOR shall comply with all procedures concerning enrollment, contracting, attendance reporting, and billing as specified by the DISTRICT. CONTRACTORS shall comply with specific Enrollment Procedures in regard to Enrollment and Contracting. Each CONTRACTOR shall be provided a copy of Attachments A and B acknowledging District and Provider Fair procedures. A representative of the CONTRACTOR shall inform all staff of these procedures and submit signed certifications prior to admittance to a District hosted Provider Fair. 21.1 MARKETING CONTRACTOR’S are not permitted on school or DITRICT campuses in order to distribute flyers/brochures; nor are they permitted to leave flyers/brochures at school locations for dissemination. CONTRACTORS may advertise their services outside school boundaries and by community efforts. 21.1.1 CONTRACTORS must use the full California Department of Education state approved name on all advertising and marketing materials. 21.1.2 CONTRACTORS that make electronic equipment available to students for the provision of or completion of the tutoring program must disclose in their marketing materials, the equipment being provided and the condition (i.e., refurbished iPad, tablet). 21.1.3 Flyers and/or marketing materials used in the marketing of CONTRACTOR must be submitted to the DISTRICT for approval prior to the start of the enrollment period (date of submission is TBD by SES Administrator). CONTRACTORS using unapproved marketing materials may establish cause for termination of this MASTER CONTRACT pursuant to Section (II)(14). 21.1.4 CONTRACTOR shall comply with local City of Fontana Ordinance 1122, Sections 15-818 and 15-819 - Solicitation of Employment, Business, or Contributions; and Ordinance 1510, Section 15-681 – Vending Around Primary and Secondary Schools. Peddling is prohibited upon any public street or parkway within one- thousand (1,000) feet of the property line of any primary or secondary school. (Please refer to Attachments E and F) 21.1.5 Any misrepresentation is a severe violation of the NCLB SES regulations. It is the responsibility of the CONTRACTOR to adhere to all NCLB laws and as such, make the distinction clear when using the SES program as a means of credibility with parents. 21.1.6 The DISTRICT reserves the right to “nickname” a provider for the purpose of public releases such as information provided to parents. Such instances may be when the CONTRACTOR’S business name begins with a set of alphanumeric and punctuation characters. 21.2 ENROLLMENT/CONTRACTING CONTRACTORS may not submit collected applications to school sites. Parents electing to render their student’s original 2015/2016 Application for Supplemental Educational Services to an approved CONTRACTOR may do so; however, it is the responsibility of the CONTRACTOR to submit complete applications to FUSD’S administrative office located at 9680 Citrus Avenue within two (2) business days of the parent’s signed and

2015/16 Supplemental Services Contract Page 14 of 26 Initials dated intent. The CONTRACTOR is required to include a signed Application Certification with each batch. Applications will not be accepted at the administrative office without an Application Certification. 21.2.1 Applications. The DISTRICT utilizes a barcode scanning system to read its applications. Only original applications printed by our Printing Services Department can be read by the DISTRICT’S scanning system. With the unique barcode, photocopies will not be acceptable as the barcodes will not be valid. Parents are provided applications free of charge; however, outside CONTRACTORS who wish to purchase original SES applications will need to order them from the DISTRICT’S Printing Services Department. CONTRACTORS will be notified by the SES Administrator of the procedures and deadline for ordering. 21.2.2 When a CONTRACTOR elects to take possession of a student’s original 2015/2016 Application for Supplemental Educational Services, the CONTRACTOR is required to abide by the submittal timeframe and ensure all elements of the application are completed in its entirety. A 2015/2016 Application for Supplemental Educational Services is rendered void if the CONTRACTOR fails to submit it within the two (2) business day timeframe. 21.2.3 The DISTRICT will honor the first complete application received. A duplicate application received after the initial submission is void. If a parent/guardian elects to change his/her selection(s), he/she must contact the Categorical Programs Office and request a Provider Change Request Form. 21.2.4 The forgery of program forms and/or SES applications is cause for immediate termination, a two-year suspension, and will be reported to the California Department of Education (CDE). 21.3 PROVIDER FAIRS CONTRACTORS shall comply with specific Enrollment Procedures in regard to Provider Fairs. Each CONTRACTOR will be provided a copy of Attachment B which outlines Provider Fair Procedures. A representative of the CONTRACTOR shall be required to inform all staff of procedures, and submit a signed certification form before entrance to any DISTRICT hosted fair. 21.3.1 Attendance to DISTRICT sponsored fairs is a privilege. Any violation of Fair Procedures outlined in Attachment B will result in cancellation of CONTRACTOR’S attendance to future fairs. 21.3.2 With limited space availability, the DISTRICT will conduct a lottery for attendance to provider fairs should interest exceed availability. CONTRACTORS must acknowledge their intent to attend provider fairs by remitting their interest form by the deadline established by the SES Administrator. A waiting list shall be established to indicate the order in which a CONTRACTOR may be accepted if an opening to a fair occurs. 21.3.3 All CONTRACTOR’S are guaranteed at a minimum, attendance to one (1) Provider Fair; however, it may not be the CONTRACTOR’S first choice. CONTRACTOR will be notified at a minimum, two (2) weeks prior to the first scheduled fair. CONTRACTOR is not guaranteed attendance to each scheduled fair.

2015/16 Supplemental Services Contract Page 15 of 26 Initials SECTION III EDUCATIONAL PROGRAM 22. CONTRACTOR REQUIREMENTS CONTRACTOR is to supply SES to DISTRICT students which services are specifically set forth below. 22.1 SCOPE OF PROFESSIONAL SERVICES AND DUTIES Set forth the type and scope of service to be provided to students by CONTRACTOR: Type a description of services that will be provided, such as but not limited to, one-on-one instruction, group tutoring in Reading/LA, Math, and Science. A. All supplementary services given by CONTRACTOR under this contract shall be secular, neutral, and non-ideological in instruction and content and shall be provided outside of the regular school day (5 CCR) Section 13075.2(b)(28), Section 1116(e)(5)(c). B. CONTRACTOR shall not discriminate on the basis of race, religion, sex, national origin, age, handicap, or sexual orientation in employment or operation of its business. C. On a monthly basis, the CONTRACTOR shall send the DISTRICT and parents a written report describing the student’s progress, including benchmark data. If requested by the DISTRICT or a parent, these reports shall be given in the following languages: English or Spanish. D. At the end of each Supplemental Educational Services session the CONTRACTOR shall provide to the parents, teachers, and DISTRICT a final progress report for each student objectively indicating the student’s achievement from the first day of supplemental services to the end of the session, the type of service provided, and the total costs thereof. The DISTRICT will distribute a copy of the final progress report to schools. E. CONTRACTOR must use DISTRICT issued program documents for the coordination of SES (this list in not inclusive): (1) Student Learning Plan (SLP), (2) Attendance Log, (3) Progress Report, and (4) Consultant Request for Payment (for payment purposes). 22.2 STUDENT LEARNING PLANS AND TUTORING SERVICES A. Student Learning Plans (SLP) shall be developed in consultation with PARENT/GUARDIAN, CONTRACTOR, AND DISTRICT for each DISTRICT eligible student whose parent/guardian elects to receive supplementary services from CONTRACTOR. Changes in any student’s SLP may only be made with the written consent of the DISTRICT in consultation with the parent/guardian. CONTRACTOR, DISTRICT, or the parent/guardian may request a review of a FUSD student’s SLP. Each SLP shall include the following: i. Specific measurable achievement goals for the student developed in consultation with the student’s parent/guardian and provider [Section 1116(e)(3)(A); 34 C.F.R. §200.46(b) (2)(i)(A)]; ii. A description of how the student’s progress will be measured and how the student’s parents and teachers will be regularly informed of the progress [Section 1116(e)(3)(A), (B); 34 C.F.R. §200.46(b)(2)(i)(B). (ii)];

iii. A timetable for improving the student’s achievement. [Section 1116(e)(3)(A); 34 C.F.R. §200.46(b)(2)(i)(C)]; 2015/16 Supplemental Services Contract Page 16 of 26 Initials B. The SLP must be completed by the CONTRACTOR within 45 days of receiving the students’ names and contact information from the DISTRICT. Tutoring services to students may not commence without written SLP approval by the DISTRICT. Services must then begin within 14 days of the CONTRACTOR’S receipt of SLP verification. Failure to begin tutoring services within 60 days of receiving student list may result in the removal of students. The SES Administrator will establish a calendar with actual dates for submission. C. Time spent completing SLPs are not billable hours and are part of duties required by the CONTRACTOR. D. The DISTRICT provides technical assistance in the development of SLPs. CONTRACTORS must send one representative to a mandatory SLP training on developing Specific, Measurable, Attainable, Realistic, and Timely (SMART) goals and how to decipher provided student data. The DISTRICT has developed guidance in developing SMART goals. (Please refer to Attachment D) E. CONTRACTOR shall administer a standards based pre and post test assessment. The process for completing an SLP is as follows: 1. Administer pre-test based on student data provided by the District. A copy of assessment results may be included with the SLP for review; 2. Develop three (3) SMART goals for each student and complete the SLP in its entirety; 3. Mail or drop off SLPs to be reviewed/approved by the DISTRICT. Retain copies of SLPs submitted; 4. Upon SLP approval by the DISTRICT, contact parent/guardian regarding the approval of the SLP and to schedule an appointment/first tutoring session to review goals/services to be provided. If parent/guardian is a no-show to the scheduled appointment, CONTRACTOR AND DISTRICT representative may proceed with approved SLP. CONTRACTOR is responsible for reviewing the SLP with the parent/guardian and recording all attempts to consult; 5. Once all Parties have agreed upon the stated goals, CONTRACTOR must submit original copy of the signed SLP to the DISTRICT by the 45-day deadline. F. In order to keep parent/guardian abreast and fully aware of the services to be provided to their student, it is the intent of the DISTRICT that all three parties, (1) parent/guardian, (2) school representative, and (3) CONTRACTOR, collaborate jointly. Every effort must be made to ensure parents/guardians have the opportunity to express their views and have their views considered regarding their child’s academics. G. Consultation with each student’s parent/guardian may include, but is not limited to communication by, (1) telephone, (2) e-mail, (3) home visits, (4) parent meetings, or (5) parent/guardian signature. The SLP must include evidence of this consultation. In the event CONTRACTOR is unable to consult with the parent/guardian, CONTRACTOR must show evidence of at least three separate “attempts for consultation” by contacting the parent/guardian using two different means of communication (e.g., telephone, U.S. Postal Service, e-mail, home visit) for the purposes of the consultation. CONTRACTOR must log all attempts to consult on student’s SLP. H. CONTRACTOR is required to submit a completed SLP for each student prior to beginning the program. A complete SLP confirms that it has been collaboratively 2015/16 Supplemental Services Contract Page 17 of 26 Initials developed by all parties and contains evidence of SLP consultation by the parent/guardian, provider, and the DISTRICT. The DISTRICT will accept SLPs lacking evidence of consultation by the parent/guardian, provided the CONTRACTOR shows proof by logging all attempts to consult on the student’s SLP. The DISTRICT will not compensate for tutoring sessions that occur prior to receipt of the completed SLP. Tutoring services to students may not commence without written SLP approval by the DISTRICT. I. CONTRACTOR shall not unilaterally terminate any SLP. CONTRACTOR shall obtain written authorization from DISTRICT before terminating any SLP. J. Parents/guardians shall not be charged for any services rendered under the SLP unless such services and charges are clearly identified in writing and agreed upon in advance in writing signed by the parents/guardians. In no event shall the agreed upon charges obligate the DISTRICT financially, nor shall the DISTRICT incur any obligation or expense in excess of the state/federal reimbursement amount. 23. SERVICING STUDENTS CONTRACTORS shall provide at least 80% of their services to 90% of their assigned students by April 1, 2016. Failure to meet this requirement will result in the CONTRACTOR’S contract going forward for termination and/or recommended suspension from FUSD for a minimum of 1 year beginning the following contract year. All students must complete the program by June 30, 2016. 24. INSTRUCTIONAL MINUTES The total number of instructional minutes per day provided by CONTRACTOR shall be specified in each student’s SLP and all instruction shall be provided outside of the regular school day. 25. BILLABLE DAYS OF ATTENDANCE CONTRACTOR shall provide services as specified in student’s SLP. CONTRACTOR shall bill only for services provided on billable days of attendance as included in the FUSD student’s SLP. 26. FUSD STUDENT PROGRESS REPORTS, ASSESSMENTS, AND FINAL REPORTING CONTRACTOR shall provide parent(s)/guardian(s), teachers, schools and/or districts with regular reports of student progress. As part of reporting and monitoring, the CONTRACTOR is required to file a copy with the DISTRICT. Progress reports/assessment should accompany monthly invoices. CONTRACTOR must provide to the DISTRICT a summative year-end report detailing the progress of contracted students. The final report should include each student served regardless of completion of the program, his/her pre and post test scores, and any relevant information, deemed necessary in evaluating student achievement. 27. CHANGE OF ENROLLMENT If an FUSD student changes enrollment to a school outside of DISTRICT’S service boundaries or an FUSD school whose students are not eligible for SES under the NCLB, the DISTRICT shall not be responsible for the costs of services delivered after CONTRACTOR has been notified of this change in enrollment. Changes in enrollment will be communicated through electronic mail using District issued student identification numbers or transmitted via facsimile. It is the responsibility of the CONTRACTOR to make necessary adjustments to rosters. 28. WITHDRAWAL OF FUSD STUDENT FROM PROGRAM

2015/16 Supplemental Services Contract Page 18 of 26 Initials CONTRACTOR shall within two business days, report, via e-mail or fax, to the Categorical Programs Office, when a parent of an FUSD student has requested a withdrawal from services. CONTRACTOR shall also inform parents/guardians to contact the Categorical Programs Office in order to obtain a “Provider Change Request Form” if their desire is to change to a different CONTRACTOR. 29. PARENT ACCESS CONTRACTOR shall provide for reasonable parental access to FUSD students and all facilities including, but not limited to, the instructional setting, recreational activity areas, and meeting rooms. CONTRACTOR shall comply with any known court orders regarding parental visits and access to FUSD students. 30. SUPPLIES, EQUIPMENT AND FACILITIES CONTRACTOR shall be solely responsible for the purchase and provision of all appropriate supplies, equipment, and facilities for a pupil necessary to implement the provision of services on FUSD public school campuses. A CONTRACTOR who desires to use DISTRICT facilities must make a separate application for the use of facilities through the District’s Use of Facilities procedures. Classrooms are available at some but not all school sites. CONTRACTOR shall comply with all FUSD requirements regarding the leasing of facilities from FUSD. A fee schedule is provided in Attachment C. Request and Agreement for Use of Facilities form is provided under separate cover. 30.1 FUSD ensures that eligible SES providers are given access to school facilities using fair, open, and objective processes on the same basis and terms as are available to other groups that seek access to school facilities. Per Administrative Regulation 1330 (AR 1330) – School use of facility requests receives first consideration and all use of school facilities permits are revocable at any time in the event of a conflict. All school-related activities (clubs, class events, athletic contests, etc.) shall be given priority in the use of school facilities under the Civil Center Act. Thereafter, the use of facilities shall be on a first- come, first-served basis. Thus, FUSD adheres to AR 1330 with respect to letting outside groups have access to school facilities. 30.2 If CONTRACTOR is permitted access to public school campuses, CONTRACTOR shall comply with Penal Code Section 627.1 et. seq., and FUSD procedures regarding visitors to school campuses as specified by the Board Policy, and the procedures of the campus being visited. Computer labs and classroom computers are NOT available for use. CONTRACTORS offering computer-assisted tutoring shall provide any necessary hardware, software, and wireless internet access capabilities. In addition, non-district personnel are prohibited from connecting to FUSD network at any time. Other than services provided in the student’s home, CONTRACTOR shall provide SES to FUSD students in facilities that comply with all applicable federal, state, and local laws, regulations, and ordinances related, but not limited to: disability access; fire, health, sanitation, and building standards and safety; fire warning systems; zoning permits; and occupancy capacity. CONTRACTOR shall be responsible for any structural changes and/or modifications to CONTRACTOR’S facilities as required to comply with applicable federal, state, and local laws, regulations, and ordinances. 31. MONITORING

2015/16 Supplemental Services Contract Page 19 of 26 Initials Prior to change in location at which it is providing services to DISTRICT’S eligible students CONTRACTOR shall notify the DISTRICT of the new location. CONTRACTOR shall allow access by FUSD to its facilities (including on-line and in-home sessions) for compliance with this MASTER CONTRACT for periodic monitoring of each FUSD student’s instructional program and shall be invited to participate in the review of each student’s progress. FUSD shall have access to observe each FUSD student at work (including during on-line and in-home sessions), observe the instructional setting, interview CONTRACTOR, and review each FUSD student’s records and progress. Such access shall include unannounced monitoring visits (including during on-line and in-home sessions). When making site visits, FUSD shall initially report to CONTRACTOR’S site administrative office, if applicable. If CONTRACTOR provides online services, before services are provided under this Contract, CONTRACTOR shall provide to FUSD all website addresses, passwords, and any other information necessary to permit FUSD to access CONTRACTOR’S on-line services. CONTRACTOR understands that FUSD reserves the right to institute a program audit with or without cause. The program audit may include, but is not limited to, a review of core compliance, areas of health and safety; curriculum/instruction; related services; and contractual, legal, and procedural compliance. SECTION IV PERSONNEL 32. CLEARANCE REQUIREMENTS CONTRACTOR shall comply with the requirements of California Education Code sections 45125.1, 35021.1, 35021.2 and Title 5, California Code of Regulations section 13075.2. CONTRACTOR shall file with the DISTRICT an affidavit, under penalty of perjury, of the following information: a. Obtain clearance from both the California Department of Justice (hereinafter referred to as “CDOJ”) OR the home state Department of Justice or an equivalent agency, if they do not reside in California, for CONTRACTOR’S employees, volunteers, and subcontractors prior to providing service to any FUSD student unless CONTRACTOR determines that the employees, volunteers, and subcontractors will have no contact with FUSD students. Such CDOJ/equivalent agency clearance shall include a determination that any such person has not been convicted of a violent or serious felony as those terms are defined in California Education Code section 45122.1, unless despite such person’s conviction of a violent or serious felony, he or she has met the criteria to be eligible for employment pursuant to California Education Code section 45125.1(f) (1) or (2). b. Obtaining clearance for tuberculosis (TB). CONTRACTOR shall certify in writing that CONTRACTOR’S employees, volunteers, and subcontractors receive clearance for TB. (Tutors providing service via telephone or Internet only, do not need TB clearance.) CONTRACTOR shall certify in writing to the FUSD that CONTRACTOR has at all times complied with this Section of the MASTER CONTRACT. Clearance certifications shall be submitted as necessary to the DISTRICT when personnel changes have occurred. The cost of the criminal background and TB check shall be borne by the CONTRACTOR. 32.1 The CONTRACTOR shall provide each tutor, site director, and any other employee(s) in contact with FUSD students with an identification badge that exhibits the CONTRACTOR’S company name, employee name, service year (2015/16) and a picture of the employee. 2015/16 Supplemental Services Contract Page 20 of 26 Initials 33. STAFF QUALIFICATIONS CONTRACTOR shall ensure that all individuals employed, contracted, and/or otherwise hired by CONTRACTOR to provide classroom, on-line, home, and/or individualized instruction or related services are qualified in the area in which the individuals are providing Supplemental Educational Services. The CONTRACTOR agrees to hire only tutors, including online tutors, who, at a minimum, meet the following qualifications pursuant to 5CCR Section 13075.8: 1. Completed at least two years of study at an institution of higher education; 2. Obtained an associate’s or higher degree; or 3. Possess at least one year of education-related experience in ELA, Math, and/or Science prior to being hired. Only the following types of experience ELA, Math, and/or Science satisfy this requirement: a) Experience as a tutor; b) Experience providing programming or instruction to youth; c) Experience as a substitute or youth teaching; or d) Experience as a paraprofessional or instructional aide. CONTRACTORS must maintain evidence that each tutor or subcontractor has met the qualifications requirements. CONTRACTOR shall comply with all laws and regulations governing the licensed professions, including but not limited to, the provisions with respect to supervision. CONTRACTOR shall deliver designated instruction and services utilizing personnel who possess a license issued by an appropriate licensing agency authorizing the licensee to provide the specific service, or possesses a credential authorizing the service or is otherwise qualified and trained to provide the service. CONTRACTOR shall provide to all personnel working on its behalf, appropriate staff credentials. At a minimum, each employee shall possess identification that indicates the name of the company and its logo, full name of the employee, his/her position, and current school year. 34. STAFF ABSENCE If CONTRACTOR’S service provider is absent, CONTRACTOR shall provide a “qualified” substitute, (as defined in Section 7 of this MASTER CONTRACT and as determined by FUSD). The CONTRACTOR shall notify its employees who are FUSD employees that an absence from their regular duties for FUSD work prohibits them from working for a CONTRACTOR on that same day of absence, if the absence was for illness. SECTION V HEALTH AND SAFETY MANDATES 35. HEALTH AND SAFETY CONTRACTOR shall comply with all applicable federal, state, local, and FUSD laws, regulations, ordinances, policies, and procedures, as well as FUSD policies and procedures, regarding student health and safety.

35.1 SAFETY 35.1.1 Pursuant to 5CCR Section 13075.2(b)(30)(31), CONTRACTOR shall provide the DISTRICT with specific procedures or plans that will be used to: a) Ensure a student’s safety prior to, during, and following each tutoring session, including drop off and pick up policies; 2015/16 Supplemental Services Contract Page 21 of 26 Initials b) Notify students and parents when sessions are cancelled or rescheduled. The above procedures comprise the CONTRACTOR’S “Safety Plan” and must be on file prior to conducting services at any FUSD sites. 36. FUSD WELLNESS POLICY The Board of Education of the Fontana Unified School District has adopted a Student Wellness Policy (Board Policy 5030) in order to comply with new state and federal laws. The new policy recognizes the link between student health and learning. Board Policy 5030 – Student Wellness outlines the components of a comprehensive health literacy program designed to build the skills and knowledge that all students need to maintain a healthy lifestyle and includes: physical activity; health education; nutrition services; counseling services; safe and healthy school environments; and parent/guardian and community involvement. A major component of the policy outlines the new nutrition standards for foods and beverages sold to students during and after the school day, including sales from vending machines, student stores and fundraisers as well as for food and beverages offered to students during celebrations, classroom parties and as rewards. With these required changes, we believe that we are developing a better nutrition/wellness program for our students and sending them a consistent message that proper health and nutrition are an important part of their education. In order to reinforce these healthy eating habits, snacks distributed to students prior to, during, and/or after tutoring sessions must follow the same guidelines as set forth by BP 5030. In addition, candy is NOT permissible at Provider Fairs. Copies of this policy are available upon request. 37. ACCIDENT/INCIDENT REPORT CONTRACTOR agrees to submit a written accident report to DISTRICT within 24 hours of an accident or incident when a pupil has suffered an injury, injured another individual, or has been involved in an activity requiring notification of law enforcement or emergency personnel. 38. CHILD ABUSE REPORTING CONTRACTOR is responsible for and promises DISTRICT that all its employees and volunteers, are familiar with and agree to adhere to child abuse and/or missing children reporting obligations and procedures under California law, including but not limited to, California Education Code Section 49370 and California Penal Code Section 11166 et seq. CONTRACTOR agrees to provide annual training to all its employees regarding mandated reporting of child abuse and missing children. CONTRACTOR agrees that all staff members will abide by such laws in a timely manner. CONTRACTOR shall submit immediately by facsimile and mail, within twenty- four (24) hours an accident or incident report to DISTRICT when it becomes aware of circumstances including, but not limited to allegations of molestation, child abuse, missing children under CONTRACTOR supervision. 39. REPORTING OF MISSING CHILDREN CONTRACTOR agrees that all staff members, including volunteers, are familiar with, and agrees to adhere to requirements for reporting missing children as specified in California Education Code Section 49370. A written statement acknowledging the legal requirements of such reporting and verification of staff adherence to such reporting shall be submitted to FUSD. SECTION VI FINANCIAL 40. BILLING PROCEDURES AND ATTENDANCE REPORTING 2015/16 Supplemental Services Contract Page 22 of 26 Initials CONTRACTOR shall submit a cumulative statement to the DISTRICT monthly, itemized by name and school of student, actual number of hours for which services were provided to said student, hourly rate for such services, and total amount owed. For each student, the total amount owed shall be determined by multiplying the aggregate actual number of hours for which services were provided times the applicable hourly rates. Such invoices shall be submitted within thirty (30) days after the end of the attendance accounting period in which services were rendered. The DISTRICT shall provide a list of dates for when invoices are due. 40.1 Monthly billings must contain the following: (1) Consultant Request for Payment signed and completed; (2) Company invoice for total service hours rendered (an invoice should not be generated per student); (3) Original attendance logs; (4) Spreadsheet summary detailing students served and his/her billable hours for that month. 40.2 For each invoice, CONTRACTOR shall submit original attendance logs of student attendance on a form or forms provided by DISTRICT, including name, student identification number (ID), grade, and school of student; the hourly rate for the service given to the student; the name of CONTRACTOR’S employee who rendered the service; the amount of time of such service for each day (must be in ¼ hour increments only and signed by the student or parent/guardian); the total number of hours of such service for the month; and the amount due. Any corrections to the attendance record must be initialed by the student or parent. Photo-copied attendance sheets will not be accepted. Invoice packages not meeting this requirement will be returned unprocessed for correction. On- line companies are required to submit a monthly record of log-on/off times with invoices. Each attendance record shall be signed by the student’s tutor. A Consultant Request for Payment (provided under separate cover) shall also be included with each monthly invoice. 40.3 Invoices not adhering to the ¼ hour increment requirement will be returned for correction. 40.4 CONTRACTOR shall begin providing service to ALL students by the date that allows each student sufficient time to receive the total number of hours of service to be provided to each student as indicated in the SLP unless otherwise agreed to in writing between the CONTRACTOR and FUSD. 40.5 CONTRACTOR must provide parent(s)/guardian(s), teachers, schools and/or districts with regular reports of student progress. As part of reporting and monitoring, the CONTRACTOR is required to file a copy with the DISTRICT with monthly invoices. 40.6 Federal law states that SES is additional instruction provided outside the regular school day. Students may not be tutored during their home school’s regular school hours, even if the student is absent from school for any reason. Tutoring sessions that take place during a student’s regular school hours will be denied reimbursement. This limitation will also include a fifteen (15) minute window before and after the school’s bell schedule. 40.7 Tutoring sessions are expected to last a minimum of (15) continuous minutes. Sessions beyond the 15 minutes must be in ¼ hour increments only (i.e. 30/45/60). Any tutoring sessions less than fifteen (15) minutes in duration will be denied reimbursement. 40.8 CONTRACTOR must begin providing service within 60 days of receiving students. 41 PAYMENT

2015/16 Supplemental Services Contract Page 23 of 26 Initials 41.1 The CONTRACTOR shall be paid by the DISTRICT and no bill, and/or statement of charges are to be sent to the parents. CONTRACTOR shall submit a written invoice listing the student’s name and school site, hours of service, and the employee or employees providing service. Payment will be a reimbursement for services rendered only. DISTRICT shall not pay for non-attendance of students. 41.2 The CONTRACTOR shall offer its services to students at the following hourly rate per student served: Primary Mode of Service (check all that apply): One-on-one On-line Small Group (5 or fewer) On-site computer assisted Center-based instruction Group Instruction (5-10) Other, describe: Rate: $ per hour 41.3 Payment will be made to CONTRACTOR based on the number of billable days of attendance and hours of service at rates specified in this contract. Payment shall be made within sixty (60) days after FUSD’S receipt of invoices prepared and submitted as specified. CONTRACTOR shall correct deficiencies and submit rebilling invoices no later than thirty (30) days after the invoice is returned by FUSD. FUSD shall pay properly submitted rebilling invoices no later than forty-five (45) days after the date a completely corrected rebilling invoice is received by FUSD. 41.4 CONTRACTOR shall receive compensation only for sessions attended by FUSD students and Supplemental Educational Services actually provided to FUSD students. CONTRACTOR shall not receive compensation for FUSD student absences nor for sessions without parent/guardian signature. 41.5 CONTRACTOR shall not receive compensation for more than one hour each for the administration of the pre and posttest assessments. 42. RIGHT TO WITHOLD PAYMENT DISTRICT may withhold payment to CONTRACTOR, on ten (10) working days written notice of such withholding, when in the opinion of the DISTRICT; 42.1 CONTRACTOR has neglected, failed, or refused to furnish information or to cooperate with the inspection, review, or audit of its program, work, or records; 42.2 CONTRACTOR has failed to submit the invoice in a timely manner; 42.3 CONTRACTOR has failed to perform, in whole or part, under the terms of this contract, and/or SLP(s); 42.4 Education and/or related services were provided to FUSD students by personnel who are not appropriately identified to FUSD as credentialed, licensed, or otherwise qualified; 42.5 FUSD has not received, as per procedures, all documents concerning one or more FUSD students enrolled in CONTRACTOR’S educational program or has not received said documents in a timely manner. If FUSD determines that cause exists to withhold payment to CONTRACTOR, FUSD shall, within ten (10) days of this determination, provide to CONTRACTOR written notice that FUSD is withholding payment. Such notice shall specify the basis or bases for FUSD’S withholding payment and the amount to be withheld. Within thirty (30) days from the date of receipt of such

2015/16 Supplemental Services Contract Page 24 of 26 Initials notice, CONTRACTOR shall take all necessary and appropriate action to correct the deficiencies that form the basis for FUSD’S withholding payment or submit a written request for extension to correct the deficiencies unless the deficiency is timeliness which cannot be cured. Upon receipt of CONTRACTOR’S written request showing good cause, FUSD shall extend CONTRACTOR’S time to correct deficiencies (usually an additional thirty (30) days) otherwise payment will be denied. 43. ASSIGNMENT/FINANCING CONTRACTORS using a finance company/bank for managing invoices (aka “Assignment of Payments”) MUST remit to the DISTRICT, a formal letter from the financial institution signed by both the company representative and the financial institution’s representative stating when the assignment went into effect, the name of the company and institution, and the financial institution’s remittance information (payee name and address). 44. INCENTIVES AND REWARDS Incentives and rewards must be appropriately related to the purpose of the Student’s Learning Plan for academic achievement and should reasonably motivate or reward students for achievement of the specific goals of the Student Learning Plan. Additionally, the incentive or reward must be directly related to a motivational activity which is part of the CONTRACTOR’S plan to facilitate academic achievement. Acceptable are such items as pencils, pens, magnets, erasers, certificates, etc. 44.1 The CONTRACTOR shall not provide any up-front incentive valued at over $2.00 per student to parents or students to encourage signing up for CONTRACTOR’S services or to encourage any other student or parent to sign up for CONTRACTOR’S services. 44.2 Incentives shall not exceed a monetary value of $50 per student per fiscal year. The limitation of the $50 shall not apply to computers or other technical equipment used as the primary instructional tool for the delivery of SES and given to the student after he or she completes the basic program. 5CCR Section 13075.9(1)(2) 44.3 CONTRACTOR may not offer any incentive/payment of any amount to any FUSD personnel employed by one of the SES eligible schools for helping CONTRACTOR to recruit parents and students to sign up for CONTRACTOR’S Supplemental Educational Services. 45. MODIFICATIONS AND AMENDMENTS This Contract may be modified or amended only by a written document signed by authorized representatives of CONTRACTOR and DISTRICT. No change in this CONTRACT or in the SLP shall result in a DISTRICT financial obligation to CONTRACTOR in excess of the State/Federal reimbursement rate per student per year to the DISTRICT. 46. NO WAIVER The failure of either party to enforce any provision of this MASTER CONTRACT will not constitute a waiver of the party's rights to subsequently enforce the provision. The remedies specified in this MASTER CONTRACT are in addition to any other remedies that may be available at law or in equity. 47. ENTIRE AGREEMENT This MASTER CONTRACT represents the entire agreement between DISTRICT and CONTRACTOR with respect to the subject matter hereof and supersedes any previous or contemporaneous oral or written agreements regarding such subject matter, and may be amended 2015/16 Supplemental Services Contract Page 25 of 26 Initials or modified only by a written instrument signed by a duly authorized agent of each party. If any provision of this MASTER CONTRACT is held to be invalid, such invalidity will not effect the remaining provisions. 48. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY FOR AWARD (34 CFR 85) By signing this Contract, the CONTRACTOR certified that the CONTRACTOR, and any of its principles and/or subcontractors: a. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency, and; b. Have not, within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with containing, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with, commission of any of the offenses enumerated in paragraph_b (above) of this section; and d. Have not within a three-year period preceding this MASTER CONTRACT had one or more public transactions (Federal, State, or local) terminated for cause or default. 49. AUTHORIZED REPRESENTATIVE The persons signing this Contract certify they are the authorized representative of the respective Parties and are authorized to sign this document. The Parties hereto have executed this MASTER CONTRACT by and through their duly authorized agents or representatives. This contract is effective on the day of , 2015 and terminates at 5:00 p.m. on June 30, 2016, unless sooner terminated as provided herein.

(CONTRACTOR/Agency Name)

By (Name, Title) Date Fontana Unified School District

By Janie Rowland, Director of Purchasing Date

By Randal S. Bassett Associate Superintendent Date Business Services

2015/16 Supplemental Services Contract Page 26 of 26 Initials Attachment A (Contractor/Agency Name) ACKNOWLEDGEMENT CERTIFICATION OF DISTRICT PROCEDURES DISCLAIMER The CONTRACTOR certifies/acknowledges that it is familiar with and CONTRACTOR and all of CONTRACTOR’S representatives will be in compliance with, at any time regardless of period, District procedures related to the execution of the FUSD 2015/2016 Supplemental Educational Services Contract Agreement. CONTRACTOR acknowledges the following: . CONTRACTORS may not complete the SES application for the parent; . FUSD will accept original Application for Supplemental Educational Services ONLY, photocopies cannot be accepted as each application is individually barcoded; . Applications are to be returned to FUSD by (1) parents, (2) school sites, or (3) SES organizer/employees; . CONTRACTORS may not submit completed applications to school sites nor request blank applications from schools for distribution; . CONTRACTORS will be permitted to submit a student’s original Application for Supplemental Educational Services and must meet all the requirements of a completed application. If a CONTRACTOR elects to take possession of a student’s original application, the CONTRACTOR is therefore required to abide by the submission deadline and must submit the application(s) within two (2) business days of the parent’s signed intent. CONTRACTORS are required to complete an Application Certification for each batch of submitted applications. Late and incomplete applications submitted by CONTRACTORS are rendered void. . CONTRACTORS, representatives, or anyone working on their behalf, may NOT alter or modify applications at any time for any reason; . CONTRACTORS, representatives, or anyone working on their behalf may not enter any school campus, FUSD sponsored activity, or contact school employees for SES purposes at any time except during scheduled Provider Fairs or as directed AFTER student lists are made available; . CONTRACTORS, representatives, or anyone working on their behalf must adhere to City of Fontana Ordinances No. 1122 and No. 1510 at all times; . Flyers and/or marketing materials used in the marketing of the CONTRACTOR must be submitted to the DISTRICT for approval prior to the start of the enrollment period; . CONTRACTOR must fulfill all financial obligations due to the DISTRICT prior to entering into an SES contract for the current year (i.e. charges for printing). INCENTIVES AND REWARDS Incentives and rewards must be appropriately related to the purpose of the Student’s Learning Plan (SLP) for academic achievement and should reasonably motivate or reward students for achievement of the specific goals of the SLP. Additionally, the incentive or reward must be directly related to a motivational activity which is part of the CONTRACTOR’S plan to facilitate academic achievement. Acceptable are such items as pencils, pens, magnets, erasers, certificates, etc. . The CONTRACTOR shall not provide any up-front incentive valued at over $2.00 per student to parents or students to encourage signing up for CONTRACTOR’S services or to encourage any other student or parent to sign up for CONTRACTOR’S services. . Incentives shall not exceed a monetary value of $50 per student per fiscal year. The limitation of the $50 shall not apply to computers or other technical equipment used as the primary instructional tool for the delivery of SES and given to the student after he or she completes the basic program. . CONTRACTOR may not offer any incentive/payment of any amount to any FUSD personnel employed by one of the SES eligible schools for helping CONTRACTOR to recruit parents and students to sign up for CONTRACTOR’S Supplemental Educational Services. I acknowledge/declare under penalty of perjury, under the laws of the State of California that the foregoing is understood and will be followed. Additionally, it is acknowledged that the falsifying of program forms and/or SES applications is cause for immediate termination, two-year suspension, and will be reported to the California Department of Education. Executed on (Date) at (City/State)

Signature (Printed Name) (Title) Attachment B

(CONTRACTOR/Agency Name)

ACKNOWLEDGEMENT CERTIFICATION OF PROVIDER FAIR PROCEDURES

The CONTRACTOR certifies/acknowledges that it is familiar with and CONTRACTOR and all of CONTRATOR’S representatives will be in compliance with, from the due date of this document to June 30, 2016, the following procedures to be followed at all DISTRICT sponsored Provider Fair on Fontana Unified School District (FUSD) campuses per Section 21 of the 2015/16 Supplemental Educational Services Contract Agreement. CONTRACTOR shall comply with all District procedures as specified by the DISTRICT. The following are the specific Enrollment Procedures in regard to FUSD sponsored Provider Fairs: 1) CONTRACTOR may bring no more than 3 representatives to each Provider Fair. To better serve our district, it is highly recommended that one of the three representatives be bilingual. 2) With limited spacing, CONTRACTOR must set-up marketing materials on and directly in front of the table designated. 3) CONTRACTOR’S representatives must disseminate their marketing material to parents from their table as parents come to them; CONTRACTOR’S representatives may not hand out literature, balloons, “incentives” or any other type of marketing information with their name on it anywhere but from their table area. CONTRACTOR’S representatives must not stand in the “walk” areas, in parking lots, or anywhere else on the campus of the site where the Provider Fair is being held for the purpose of disseminating marketing information to parents. 4) CONTRACTOR may not hang banners, balloons, signs, or any other such type of material anywhere but on their designated table. CONTRACTOR marketing materials may not interfere with another CONTRACTOR’S designated area. 5) If parents have questions about other CONTRACTORS, CONTRACTORS should direct parents to the specific CONTRACTOR or DISTRICT staff to avoid any possibility of confusion on the part of the parent. 6) Any CONTRACTOR failing to submit a Compliance Certification may not participate in the Provider fairs; 7) Food products handed out at Provider Fairs must be in compliance with Wellness Policy guidelines. No unhealthy snacks. Copies of this policy are available upon request. 8) Due to facility logistics, spacing is limited at these events. If your company is a no-show at a scheduled fair, your company will not be permitted to participate in future scheduled fairs. Any violations of the above procedures by CONTRACTOR or CONTRACTOR’S representative(s) shall result in the CONTRACTOR losing the right to attend future Provider Fairs. I declare under penalty of perjury, under the laws of the State of California that the foregoing is understood and will be followed. Executed on (Date) at (City/State)

Signature (Printed Name) (Title) Attachment C Facilities Use Fee Schedule

Each Use Category Location 1st Hour* Additional Hour* Classrooms District-Wide $35.00 $20.00 Cafeteria w/Kitchen Use All Elementary Schools $70.00 $25.00 Cafeteria w/o Kitchen Use All Elementary Schools $50.00 $25.00 Cafeteria w/Kitchen Use All Middle Schools $90.00 $25.00 Cafeteria w/o Kitchen Use All Middle Schools $60.00 $25.00 Cafeteria w/Kitchen Use All High Schools $85.00 $50.00 Cafeteria w/o Kitchen Use All High Schools $75.00 $50.00 Library District-Wide $45.00 $30.00 John D. Piazza Center Full Room-A & B $50.00 $15.00 Either Part A or B $30.00 $10.00 Outside Common Areas All Schools $45.00 $20.00 Parking Lots All Schools $45.00 $20.00 Restrooms All Schools $30.00 $10.00

PERSONNEL RATES Service Hourly Rate Minimum Hourly Charge Audio/Visual Technician Current OT Rates Apply** Two (2) hours Campus Security Officer Current OT Rates Apply** Two (2) hours Custodial Current OT Rates Apply** Two (2) hours Fine Arts Technician Current OT Rates Apply** Two (2) hours Police Officer Current OT Rates Apply** Two (2) hours

CALCULATION FEES

All fees are calculated starting from the time District personnel opened the facility and/or field for the user and concluded at the time that all individuals have left the facility and/or field and District personnel locked up the facility. Starting and closing time will be the respective times on the Request and Agreement for Use of School Facilities form. All time calculations will be made to the nearest quarter hour.

PAYMENT OF FEES

Full payment of facility is required prior to use.

Further questions regarding facility use, please visit the Department of Facilities Planning at 9851 Citrus Avenue or call (909) 357-7521.

*Fees subject to change by Board action. Please contact the Facilities Planning for changes. **Contact Facilities, Planning, Design, Construction Department for rates. Attachment D Developing Student Learning Plans (SLP)

Objective The objective of a Student Learning Plan (SLP) is to plan and create a more “targeted” approach for supporting low-achieving students in attaining academic proficiency in reading, language-arts, and mathematics. Each student’s program must reflect instruction that is focused and adapted to meet the individual needs of the student. The SLP is the roadmap for communicating to the parent and Fontana USD, the provider’s commitments to addressing the specific educational needs of a student.

Essential Elements To maximize a student’s opportunity for success and support, clarity in communication among the parent, provider, and school regarding various components of the SLP is required. The SLP must do the following:

. Be based on academic performance data and an assessment conducted by the approved SES provider to identify the student’s academic deficiencies and skill gaps. Academic performance data may include state testing scores, scores from other tests, and report cards. . Identify specific and measurable achievement goals for the student in reading, language-arts and/or mathematics in consultation with the student’s parent/guardian. The measurable goal must focus on the knowledge or skills that will enhance the student’s performance and assist in achieving the desired result. . Include individualized instructional program and academic intervention strategies designed to meet the student’s individual needs. If a student is identified as having a deficiency in reading, the SLP must address the student’s specific deficiencies in phonemic awareness, phonics, fluency, comprehension, and vocabulary. If the student is identified as having a deficiency in mathematics, the SLP must address the student’s specific deficiencies in the identified standards of California (i.e. number sense, algebra and functions, measurement and geometry, statistics, data analysis, and probability, mathematical reasoning…). For additional information regarding California’s State Standards, see http://www.cde.ca.gov/be/st/ss/. . A description of how the student’s progress will be measured and how the student’s parents and teachers will be regularly informed of the progress. Ongoing progress monitoring of academic performance is necessary for many reasons. Continuous monitoring enables teachers to detect a student’s academic difficulties early and modify or accommodate the curriculum and instruction. Information from progress monitoring will reinforce the efforts of teachers and parents supplying the supplemental instruction and increase the probability that such services will be effective. Frequent progress monitoring will help inform tutors, teachers, and parents of the student’s progress toward meeting his/her goal. FUSD recommends that a student’s progress be monitored at a minimum of once each month. This will enable the tutor, parent, and teacher to determine if the academic intervention and support is effective and if not, to adjust instruction to achieve better results. . A timetable for improving the student’s achievement. Attachment D.1 Achievement Goals

Goals for the student must be established in Reading, Language Arts and/or Mathematics. The measureable goal should focus on the knowledge or skills that will enhance the student’s performance and assist in achieving the desired result. A measureable goal is an individualized, specific statement of what the student needs to learn and how well it must be accomplished. The measurable goals must clearly communicate what the student is expected to accomplish and specify the criterion or measure that will be used to determine whether or not the student has achieved the goal. Fontana USD uses S - specific, significant, stretching M - measurable, meaningful A - agreed upon, attainable, achievable, acceptable, action-oriented R - relevant, realistic, reasonable, rewarding, result-oriented T - time-based, timely, tangible, trackable Specific goals. Specific goals should be straightforward and emphasize outcomes for the student. A specific goal outlines what, why, and how of the SMART model. What is the student going to do? Use action words such as direct, organize, coordinate, lead, develop, plan, build etc. Why is this important to do at this time? What do you want the student to ultimately accomplish? How is the student going to do it? (By…..) Measurable goals. Measurable goals should reflect an increase in student performance. A measurable goal addresses how the team will know when the student has reached his or her goal by specifying a specific target to measure and the instrument to measure it. For example, the student will improve his or her reading skills is not a measurable goal. Measuring a 25% increase in the correct number of words read in one minute on grade level probes accomplishes this. A measureable goal has the following benefits:  Focuses instruction  Supports student’s identified needs  Allows parents and students to monitor the progress toward reaching the goal Agreed upon goals. Support the collaborative effort involving a student’s parent/guardian, a representative from the student’s school, or the District, and the provider selected by the parent. These individuals should function as a team to develop the SLP and agree upon the goals. Each member provides input regarding the student’s academic needs and assist in the development of specific goals for the student’s SES program. Relevant goals. Relevant goals are tied to California State Standards and help students reach and/or exceed grade level achievement. Realistic goals. Realistic goals are written to bring the student closer to achievement at or above grade level. Realistic goals are not written to be easy to ensure student success. The goal must be based on the current academic performance of the student. For example, a goal of learning to use every Latin prefix and suffix with 100% proficiency in two days is not realistic for an elementary student. It is more realistic to set a goal of learning the Latin prefixes of pre-, post-, and non- in context. The student can then work toward mastery of these prefixes gradually and build upon these successes. Timely goals. Timely goals should specify a clear timeframe such as “by the end of the tutoring sessions”, “in twelve weeks”, “by the end of the program”, etc. Putting an end point on the goals provides a clear target to work toward. If a timeframe is not established, there is no urgency to take action.

The following page provides specific examples of measurable and non-measurable goals. Attachment D.2 Samples from Student Learning Plans

Unacceptable Goals (from SLPs) Acceptable Measurable Goals

Identifies words and constructs meaning from text, By the end of tutoring sessions, Anna will be able illustrations, graphics, and charts using the to verbally identify the meaning of words in strategies of phonics, word structure, and context context when reading grade level texts with 80% clues. accuracy.

By the end of the tutoring sessions, Bobby’s The student will increase their knowledge of grade knowledge of grade appropriate vocabulary will appropriate vocabulary. improve by 50% when assessed orally using vocabulary cards.

By the end of tutoring sessions, Desiree will actively use rereading, retelling, and discussion to Increases comprehension by rereading, retelling, answer specific questions in writing while recalling and discussion. details from grade level passages with 80% accuracy.

Student will use basic elements of phonetic By the end of the tutoring sessions, Erik will be analysis including hearing, segmenting, able to orally segment words of five phonemes substituting, and blending sounds in words. with 80% accuracy.

By the end of the tutoring sessions, Stephanie will Student will be able to communicate ideas and be able to write an expository passage of at least information, be able to write stories, informative three paragraphs on a given topic. The passage pieces, and contribute ideas during group writing will include at least three supporting details and activities. have a clear beginning, middle, and end.

By the end of the tutoring sessions, Matthew will make a least one-grade growth as measured by The student will improve grade level math skills. ADS Assessment Scale Score increase of at least 35 points.

By the end of the tutoring sessions, Samuel’s oral The student will read better by the end of the reading rate will improve by at least 25% as tutoring sessions. measured by correct words read per minute on grade level passages. Attachment E City of Fontana Ordinance No. 1122 Attachment E City of Fontana Ordinance No. 1122 – Cont. Attachment F City of Fontana Ordinance 1510 Attachment F City of Fontana Ordinance 1510 – Cont. Attachment G

Fontana Unified School District 9680 Citrus Avenue  PO Box 5090  Fontana, CA 92334-5090  (909) 357-7600

2015/16 SES Provider Dual Employment Disclosure

Any District employee engaging in paid independent tutoring employment for any student enrolled in the District shall not arrange to tutor for a fee, nor solicit any student currently enrolled in his/her class. The employee shall not tutor any student for a fee during regular contracted employee work hours.

Name of company, an approved Supplemental Educational Services (SES) Provider, acknowledges that it has engaged the services of an employee of Fontana Unified School District (FUSD), to provide SES to eligible students on behalf of the Provider in association with the 2015/16 Master SES Contract entered into between the Provider and FUSD. Any activity conducted by the employee on the behalf of the Provider shall occur during non-contract hours. FUSD shall not be considered a party to any employment agreement between the Provider and employee; however, the employee must conform to all Board Policies and Administrative Regulations governing the conduct of school employees at all times.

Provider ensures that each FUSD employee listed on its clearance statement has a completed disclosure form and shall be responsible for retaining the original signed 2015/16 SES Provider Dual Employment Disclosure form for each FUSD employee who is also employed by the Provider.

Employee Name Employee’s Signature Date

SES Provider Name & Title of Authorized Representative Date

Note: This form must be on file for each District employee prior to program start.