THE ENLARGED CITY SCHOOL DISTRICT OF TROY TROY, NEW YORK

UNIVERSAL PREKINDERGARTEN Contract to run from September 1, 2016 to June 30, 2017 conditioned upon funding under the Troy Universal Prekindergarten Grant from the New York State Education Department for the 2016-2017 school year. Agreement entered into as of September 1, 2016 including attached conditions that govern activities between the Enlarged City School District of Troy (the “District”) and Sacred Heart School of the Sacred Heart Church (“contractor”), to provide services to eligible children. The contractor and the Enlarged City School District of Troy agree as follows: All contracts will be written on the basis of the RFP responses. 1.

Work to be performed: The District’s universal pre-kindergarten program will operate through the contractor, as eligible agency, in conformity with 8 NYCRR Subpart 151-1. The contractor shall provide instruction to eligible children enrolled in the District’s pre-kindergarten program for children for at least 5 hours a day, 5 days a week and 180 days a school year.

2.

Budget: The District shall pay to the contractor the yearly tuition two thousand nine hundred dollars and zero cents ($2900.00) or two hundred ninety dollars and zero cents ($290.00) monthly tuition for each student actually enrolled and attending the program, prorated, to a maximum of forty five (45) Universal Prekindergarten students, as compensation for the services provided. Students who fall below 85% for attendance will be paid the prorated amount of the monthly tuition based on their actual monthly attendance. If the number of enrolled and attending students drops below the maximum number of students, the contractor may access its applicant waiting list to enroll additional students. Monthly attendance sheets must accompany each monthly invoice.

3.

Compliance with SED Approved Program: The contractor’s instructional program will comply with State Education Department approved prekindergarten guidelines to be provided by the District. The contractor will produce weekly plans and make them available at the program location. Supervision by the contractor will be provided on-site by Susan Merrill, Principal, Early Childhood Coordinator, The contractor agrees to be supervised by the District and/or its designee, and will comply with District guidance and direction in

conformity with the contractor’s response to the RFP and activities from the RFP responses. Inclusion of children with disabilities and cooperation with the itinerant staff is required. The contractor agrees to present documentation of all records, procedures and policies required by SED and the school system. The Enlarged City School District of Troy is responsible for training the contractor where necessary to ensure compliance with District Policy. The District will periodically review the contractor’s performance of its obligations under this Agreement. District concerns with the contractor’s performance will be put in writing and communicated to the contractor. Upon receipt, the contractor must address such concerns to the satisfaction of the District. The contractor agrees to provide all equipment, supplies and facilities necessary to provide a prekindergarten program compliant with 8 NYCRR Subpart 151-1. 4.

Staff Selection: An N-6 certified or Birth- Grade 2 certified teacher must be present at the location during the Prekindergarten program. The contractor must provide the District with a copy of all employee teaching certifications and must notify the District of any staffing changes that occur during the school year.

5.

Training: Where necessary in the sole discretion of the District, the contractor’s employee are required to attend training and staff meetings called by The Enlarged City School District of Troy. Every effort will be made to plan such activities in advance so they will not be a burden to the contractor.

6.

Evaluations: Both the Enlarged City School District of Troy and the contractor will carry out necessary monitoring and evaluation of activities to ensure compliance with the program. All parties are subject to SED evaluation.

7.

Report and records: The contractor agrees to submit such documents and reports as may be required by the Enlarged City School District of Troy. Included may be program process and finances. The contractor must submit monthly attendance reports to the Pre K Office at School 12 in order to receive payment for that month from the district. A) The contractor agrees to submit monthly attendance reports. The report must include the names of the enrolled prekindergarten students, the absentee list and the reason for the absence. The submitted monthly attendance report must be signed by the contractor’s Executive Director. B) Information, such as: attendance lists, waiting list, immunization records, special education information, volunteer data, children’s portfolios and lesson plans must

be organized and accessible for ease of review by the District. The contractor will also retain all financial, personnel and administrative records and permit District inspection thereof upon reasonable notice, not to exceed two weeks, unless doing so would violate applicable law or regulation. C) No later than the 3rd of each month, the District must receive the contractor’s payment voucher(s) itemizing the costs for services provided in the previous month. Any person retained by the contractor for the performance of services under this contract shall be paid for services rendered solely from the funds granted to the District for universal pre-kindergarten purposes. It is understood by the parties that the services provided by the contractor to the District shall in no way involve the expenditure of any of the District’s own funds or other funds dedicated to the District. D) The District agrees and understands that individuals assigned by the contractor to perform the duties under this Agreement are employees of the contractor, not the District. The District shall have no responsibility for withholdings, Workers Compensation insurance, health insurance, retirement, benefits or any other emoluments of employment, such being the responsibility of the contractor. The District agrees that any and all complaints or other matters regarding the assigned personnel, their substitutes and replacements, will be referred to the contractor who shall have sole authority to discipline, terminate, or otherwise deal with such personnel. Those provisions notwithstanding, the District specifically reserves the right to refuse the services of said assigned personnel, their substitutes or replacements in the future, and to require the contractor to assign different personnel. The contractor shall assume all responsibility for supervision of its employees utilized in relation to the services contemplated by this Agreement.

8.

This agreement contains the sole and entire understanding and agreement of the parties, and all prior negotiations, discussions, commitments, representations, agreements and understandings are merged herein. This agreement can only be altered by written modification signed by both parties.

9.

Location: Location of the services to be performed and compliance with local laws and licensing agencies: (contractor will fill in) class_________/room__________ address________________________/license___________________

class_________/room__________ address________________________/license___________________ class_________/room__________ address________________________/license___________________

10.

Liability: The contractor, at its sole expense, shall procure and maintain a policy of professional liability insurance and general liability insurance naming the District as an additional insured against any claim for liability, personal injury and/or death occasioned, directly or indirectly, by the contractor in connection with the performance of its responsibilities under this Agreement. Each such policy shall provide a minimum coverage of one million ($1,000,000.00) dollars subject to an annual aggregate of three million (3,000,000.00) dollars in the event of injury or death to more than one person as result of the same incident. The contractor will supply the District with proof of such insurance not later than September 1.

11.

The contractor agrees that it shall defend, indemnify, and hold harmless the District, its officers, agents, or employees for all loss, costs, damages, and expenses, including reasonable attorneys’ fees, judgments, fines and amounts paid in settlements in connection with threatened, pending or completed actions, suits or proceedings arising from any act, error, omission, misstatement, misleading statement, neglect or breach of duty by the contractor or any of its officers, directors, agents or employees, taken or made in the performance of their obligations undertaken or reasonably assumed with respect to this Agreement.

12.

Termination: The School District may give written notice to the contractor Specifying the effective day of termination and the reason for termination. Such notice shall be sent by registered or certified mail, postage prepaid, addressed to: Superintendent of Schools Enlarged City School District of Troy 475 First Street Troy, NY 12180 With a copy to: Guercio and Guercio, LLP 24 Century Hill Drive, Suite 101 Latham, New York 12110 Attention: Kathy A. Ahearn

The contractor may terminate the agreement upon providing 30 days written notice and the reason for said termination. It is expressly understood that this agreement may be terminated at any time based upon a termination of funding from the NYS Education Department.

13.

It is expressly understood that this Agreement shall not be assigned or t transferred without prior written consent of the other party.

14.

This Agreement and the rights and obligations of the parties hereunder shall be construed in accordance with, and governed by, the laws and regulations of the State of New York and applicable Federal laws and regulations.

15.

Any dispute arising under this Agreement shall be litigated in the Courts of Rensselaer County, New York.

16.

Should any provision of this Agreement, for any reason, be declared invalid and/or unenforceable, such decision shall not affect the validity of the remaining provisions of this Agreement. Such remaining provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision(s) eliminated.

17.

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce every provision of this Agreement.

IN WITNESS WHEREOF, the parties have signed and sealed this agreement the day and year first above written.

SACRED HEART SCHOOL

FOR THE ENLARGED CITY SCHOOL DISTRICT OF TROY

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Dated: ___________________

Dated: ________________________