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AGREEMENT BETWEEN HOUSTON INDEPENDENT SCHOOL DISTRICT AND ENERGIZED FOR STEM ACADEMY, INC. This Agreement for services is made by and between the Houston Independent School District, hereinafter referred to as “HISD”, 4400 West 18" Street, Houston, Texas, 77092, and Energized for Excellence Academy, Inc., for the implementation of Energized for Science, Technology, Engineering, and Math Academy Southeast, herein referred to as “E-STEM SOUTHEAST” or “CHARTERS,” a non-profit educational institution, located at 9220 Jutland, Houston, Texas 77033 and of Energized for Science, Technology, Engineering, and Math Academy Southwest, herein referred to as “E-STEM SOUTHWEST” or “CHARTERS,” a non-profit educational institution, located at 9220 Jutland, Houston, Texas 77033. WHEREAS, in accordance with the Texas Education Code and the Texas Administrative Code, a school district may follow a process to grant a charter to a campus; and WHEREAS, in accordance with said process a majority of the classroom teachers and the parents of a majority of the students at CHARTERS have submitted petitions to the Board to provide services as an external campus charter school, and WHEREAS, HISD and CHARTERS desire to cooperate in rendering services to students ina charter schoo! setting; NOW THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, HISD and CHARTERS agree as follows: SECTION | PROGRAM DESCRIPTION The purpose of the Energized for Excellence Science, Technology, Engineering, and Math Academy (CHARTERS) is to increase student achievement by engaging and exposing students to innovative science and math instruction while simultaneously acting as a demonstration site to inform math and science teaching and learning statewide. The academy will provide a rigorous, well-rounded education; establish a personalized culture with the expectation that all students will achieve postsecondary success; and, provide teacher and leadership development. The academy will participate in the T-STEM 3 (Texas Science, Technology, Engineering, and Math) Grant application, The program goals of the T-STEM Academies ~ Startup, Cycle 3 Grant are to: align high school, postsecondary education, and economic development activities across the areas of STEM and the broader high school curriculum; establish T-STEM academies in areas of high need across the state that will produce Texas high school graduates from diverse backgrounds with the preparation to pursue careers in STEM related fields; and establish LY Aol 2o/U a statewide best practices network for STEM education to promote broad dissemination and adoption of promising practices from the initiative and to improve math and science performance for students across Texas. CHARTERS will have multiple sources for support as part of the larger T-STEM Initiative including Texas Education Agency (TEA) T-STEM staff, T-STEM Centers, T-STEM Network, and T-STEM Innovation Academy Coaches. TEA T-STEM staff will work together with CHARTERS ‘to provide professional development opportunities and resources for the academies. Through a digital portal, the T-STEM Network will provide an online forum for grantee communication, sharing of resources, and virtual professional development. CHARTERS will serve students in grades six (6) through twelve (12). Students at E-STEM middle schools participate in unique curricular experiences designed to enhance academic and social development. These experiences include: Participation in career exploration activities; Fine Arts classes including band, music and theatre arts; Technology integrated instruction; After-school and Saturday tutorials for students who need additional assistance in the core curricular areas or desire to participate in enrichment activities; and + The opportunity to take high school credit courses (Algebra I, Algebra I, Geometry, English |, Biology, and U.S. History). If HISD has the need to send additional students, E-STEM will serve them on a space available basis. A student who begins study at E-STEM will remain the entire school year unless the student's parent requests a transfer to their zoned school. A. CHARTERS agree to: 1. Provide educational services at CHARTERS sites, including, but not limited to 9220 Jutland and 7055 Beechnut contingent on approval by HISD, all in Houston, Texas. CHARTERS will maintain facilities in accordance with local ordinances, state and federal law, district policy, and all applicable laws. Any CHARTERS’ site used in the performance of this Agreement must be pre-approved by HISD, and in the event that the site is not ready to serve students in compliance with the HISD calendar, HISD may, at its sole option, immediately terminate services at that school site(s) and any renewal of this Agreement for services at said schoo! site(s) without an opportunity to cure upon providing written notice to CHARTERS stating the effective date of such termination; 2. Accept any earned payments under the terms of this Agreement as full payment and seek no additional funding for tuition from any student's family or HISD; 3. Follow all HISD enrollment and transfer procedures as reflected in the current school year HISD School Guidelines; 4, Accept any student (regardless of socioeconomic, disability, language, or other status) who is eligible, if space is available, the student's grade is taught, and the student- transfer is approved by HISD; 5. Participate in the district enrollment system by using district enrollment forms and following district submission timelines; 6. Maintain a high level of communication with the district by making appropriate personnel aware, in a timely manner, of both successes and potential problems; 7. Provide ongoing community and parental involvement, support, and engagement; 8. Prepare students for taking Texas STAAR and any other grade appropriate district wide mandated assessment by ensuring that each CHARTERS teacher delivers appropriate instruction to cover the Texas Essential Knowledge and Skills (TEKS), leaming targets and objectives, and other appropriate instructional objectives as defined by HISD; 9. Administer the STAAR and other districtwide mandatory tests on-site, utilizing CHARTERS staff that is certifiediighly qualified to meet all legal mandates and district policies; 410. Take attendance daily and forward information to the appropriate HISD designee on a daily basis or agreed upon timeline; 41. Maintain standards as required by the State Board of Education rules and Texas Education Agency regulations for charter schools and continue to meet the standards set below: * Full-time instructional staff, including all teachers of record, must possess at least a baccalaureate degree from an accredited college or university and all core subject teachers (reading/language arts, writing, mathematics, science, social studies, fine arts, and/or languages other than English) will meet all core subject competency requirements of the State of Texas, which include: * For elementary school teachers: a demonstration of competency of subject knowledge and teaching skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum by passing a rigorous state test; * Elementary school teachers who were hired and were new to the profession prior to school year 2009-2010 and met NCLB requirements at that time continue to meet “highly qualified” standard as long as they continue in the same teaching assignment (at the same school); + For secondary teachers, 24 semester hours in the core subject taught of which 12 of those hours are at least at a junior/senior level or have successfully completed the appropriate level of the Texas Examination of Educator Standards (TExES); * Fulltime instructional staff shall attend districtwide mandatory training sessions and in-service sessions at no cost to CHARTERS or its staff; * Enrollment and attendance shall be accounted for in accordance with the instructions in the Daily Register of Public Attendance; «Curriculum shall incorporate the Texas Essential Knowledge and Skills referred to as “TEKS” mandated by the Texas Education Agency; * Students shall receive course credit upon 70% mastery of the TEKS for each course. Mastery of the TEKS shall be documented and available for review by HISD personnel and the Texas Education Agency; * CHARTERS shall demonstrate that its teachers can effectively meet the instructional needs of enrolled bilingual and special education students under applicable rules and regulations; and, * Grades and other informational data on student assessment, promotion, retention, and other student data, including but not limited to copies of report cards and original teacher grade books, shall be collected in accordance with written procedures as promulgated by HISD and the Texas Education Agency, and such data shall be transferred to HISD; 12, Retain accurate and current data and submit all data in a timely manner. 13. Prepare and maintain records relating to the students and the program in accordance with HISD data quality record requirements to include demographic data, test scores, discipline records, attendance, leaver code documentation, and other appropriate information, and input such information by either (a) installing and using appropriate technology and connectivity as designated by HISD at CHARTERS’ sole expense, or (b) providing personnel to receive training from HISD and to input required information at a designated HISD site; 44. Operate the program in accordance with all requirements and guidelines as may be requested by HISD throughout the term of this Agreement in order to ensure that the program is in compliance with all applicable federal, state and local laws and agency rules, regulations and guidelines and to ensure that HISD remains entitled to receive maximum funding from the state of Texas for participating in this Agreement; 15,Provide students state-adopted textbooks and eTextbooks, as ordered by CHARTERS through the HISD Textbook Department at no additional cost to the district, to assure continuity upon students integrating back into HISD; 16. Provide to HISD all pertinent information for HISD to perform criminal background checks and employee history checks on all CHARTER employees and all applicants who are offered a position and criminal background checks on all volunteers; 17. Remove all persons providing services under this Agreement who do not meet HISD’s, standards for hire, continued employment, or volunteerism ; 18.No former HISD employee who was terminated, non-renewed, resigned in lieu of termination, or resigned while under an investigation for employee wrongdoing from HISD shall be allowed to work for CHARTERS in any capacity, nor shall such persons have any contact with students under this Agreement; 19.Any CHARTER employee, or prospective employee, whose criminal history background checks reveal a violation of HISD policy, meaning conviction of a felony or a misdemeanor involving moral turpitude, or having been placed on deferred adjudication probation after pleading guilty or no contest to a felony or a misdemeanor involving moral turpitude, may appeal the criminal history restrictions to employment through a process of review by the HISD Human Resources Operations department. The criminal history review committee is an ad hoc committee convened for the purpose of conducting interviews as part of the appeals process. The criminal history review committee will be comprised of five total members: Two designated CHARTER representatives, one HISD Human Resources representative, one HISD Legal Services representative, and one HISD Police Department representative. The committee will select a member to preside over appeal hearings. The committee will make a recommendation by majority vote regarding whether to retain an existing CHARTER employee, or whether a prospective CHARTER employee is eligible for hire. The committee will make its recommendation consistent with current HISD policies governing criminal history review. The recommendation of the committee will be forwarded to the chief executive officer of the CHARTER, or his/her designee, who will make the final decision whether to accept or reject the committee's recommendation; 20.Administer all student disciplinary actions in accordance with the HISD Code of Student Conduct, any CHARTERS student handbook (although HISD’s Code of Student Conduct will control in the event of conflicting provisions), and state and federal law. Students shall not be required to return to their zoned school(s] as a result of disciplinary action, nor shail they be required to return to their zoned school[s] as a result of substandard academic performance; 21.To the extent that CHARTER contracts with HISD food service vendor, CHARTER and HISD shall assume shared responsibility to provide breakfast and lunch programs to CHARTER students (see ATTACHMENT A); 22. Charter will not be responsible for any meals served to ineligible students by HISD food service vendor. Charter is responsible for the distribution and collection of meal applications for all students, Charter fully understands that ineligible students will only be eligible for a substitute meal (sandwich and milk). If Charter approves any other meals to be served other than the substitute meal for ineligible students, Charter will bear the full responsibility for payment of those meals (Attachment A); 23. Promptly notify designated HISD personnel and complete all appropriate forms and paperwork in the event that any CHARTERS teacher or staff suspects that a particular HISD student in the program may have a disability, which may qualify him/her for special education services. Any such student shall be referred for testing through normal HISD procedures to determine if the student is qualified for special education services; 24.If needed, request assistance from HISD for testing, grade reporting, promotion standards, and any other mandatory HISD procedures and policies at no additional cost to CHARTERS; 25.lmplement and comply with the approved charter and any HISD policies and procedures not specifically addressed in the charter, including but not limited to the HISD media policy; 26.Follow HISD guidelines to procure goods or services from Board approved vendors when using district funds (non-ADA-generated funds). CHARTER may only procure goods or services from non-board-approved vendors when it uses ADA-generated or non-district funds. When those funds are used, CHARTER will not receive a reimbursement payment from HISD; 27.CHARTERS may solicit bids from the district and third parties for food services, transportation, procurement, and other operational functions; 28. Present CHARTERS as an HISD charter school in all communications, both oral and written; 29. Follow the HISD calendar unless the Superintendent of Schools or designee approves an alternate calendar; 30. Identify an administrator with the authority to make decisions on behalf of CHARTERS and who will represent CHARTERS, including but not limited to all required administrative meetings and trainings. In the event that such administrator is not available, a CHARTERS designee approved by HISD may represent CHARTERS when appropriate and necessary; 31.As a condition of this Agreement, any CHARTERS employees who are HISD contracted employees must resign their positions prior to and effective by their employment with CHARTERS; 32.Implement a supplemental Memorandum of Understanding should CHARTERS receive special revenues where HISD is the fiscal agent; 33.To the extent that the Charter offers electronic (virtual) instruction, in order to be eligible for ADA accounting a student must be in attendance at the campus for a minimum of four instructional hours for each instructional day; 34, CHARTERS may, upon approval by HISD, participate in the HISD tuition-based summer school program. CHARTERS will participate in the district summer school program for students who do not meet promotion standards and/or do not pass the required STAAR tests. CHARTERS will provide instruction based on the district approved curriculum and will meet all district standards and requirements for summer school course credit, CHARTER may use supplemental material in their district summer school program; 35.Comply with all nepotism restrictions beginning with all persons hired by CHARTER after August 1, 2016, as more fully described in EXHIBIT B, including its ATTACHMENT, both of which are attached hereto and incorporated herein by reference. All persons employed by CHARTER prior to this date will be considered grandfathered in and exempt from the aforementioned nepotism restrictions; 36.Implement all approved school waivers for the entire school year, as more fully described in EXHIBIT C, which is attached hereto and incorporated herein by reference; 37.EEA may provide non-ADA academic camps that will engage students in learning before, during, and after the school year. The primary purpose of these camps is to provide ongoing instruction to students who need assistance beyond the school year. The academic camps will provide opportunities for extended time, increased learning, and greater success; and 38.CHARTERS agrees to meet all state mandated Early College and Dual Credit requirements: A. Essential Elements of an Agreement between a Charter and a Public College Chapter 4 Section 4.84 of Texas Administrative Code requires that any dual credit partnership agreement between a secondary school and a public college must be approved by the governing boards or designated authorities (e.g., principal and chief academic officer) of both the public school district or private secondary school and the public college prior to the offering of such courses. Any such agreement must identify (1) the eligible courses included in the dual credit program (2) the criteria for student eligibility for participation in the dual credit program, (3) the location of the dual credit class[es], (4) the student composition of the olass (ie., what percentage of the dual credit classfes] will consist of high school students), (5) faculty selection, supervision and evaluation, (6) course curriculum, instruction and grading, (7) academic policies and student support services, (8) transcripting of credit, and (9) funding, B. Faculty Credentials for Dual Credit Instructors The Texas Administrative Code prescribes the credentials required to teach a dual credit course. Even though dual credit courses can be offered on high school campuses by employees of a public school, the requirements are not the same as teacher certification requirements. TAC Title 19, Part |, Chapter 4, Subchapter G, Section 4.156 states that instructors “must be regularly employed members of the C/U (Texas two-year college or public university) or meet the same standards, including but not limited to, minimal requirements of the Commission on Colleges of the Southern Association of Colleges and Schools.” The Faculty Credential Guidelines of the Commission on Colleges, Southern Association of Colleges and Schools, details the minimal requirements that must be met by early college instructors. @ . Houston Independent School District agrees to: Provide Choice Schoo! Information to eligible HISD students; Provide access to the district's student information system; Provide management of state and other required student testing; Provide non-budgetary STAAR preparation texts at no cost to CHARTERS when requested; Allow CHARTERS to apply for state targeted STAAR funds as appropriate and if made available, provided no such funds are guaranteed under this Agreement; 6. Monitor the performance and services provided by CHARTERS in accordance with the performance standards stated below; 7. Provide assistance with compliance to applicable local, state, and federal laws and policies; Provide access to data analysis and reporting tools; Monitor the preparation and maintenance of HISD/CHARTERS record requirements to include demographic data, test scores, discipline records, attendance, leaver code documentation, lesson planning, grade reporting and recording, and other appropriate or required information; 10. Assist in facilitating for CHARTERS’ teachers and/or staff participation in HISD staff development activities including training in specialized programs (mandatory, or “fee for service’), and classroom visitations and observations as requested; 11.Provide access to leadership opportunities and guidance (mandatory, or “fee for service"); 12,Provide access to special education, multilingual, gifted and talented, and social services; 13,Provide access to business operational support such as maintenance services, security, and other support services at cost to HISD, per terms agreed to by separate contract; 14,Provide transportation to and from CHARTERS for HISD students enrolled from capped/over-crowded schools as designated in this Agreement; SeRs a 2@ 15, Provide district-adopted state textbooks and eTextbooks at no cost to CHARTERS: and at no additional cost to HISD as requested by CHARTERS not to exceed the state funding per student; 16, Provide access to district communication channels; 17. Provide access to the approved district vendor listing and pricing; 18.Should CHARTERS receive approval and participate in the HISD tuition-based summer school program, HISD will accept course credit in accordance with HISD policy and procedures; 19.Permit the CHARTERS, when appropriate and within state and local laws, rules, regulations, and procedures, to participate in district bids for building and property maintenance, as long as such can be done at no additional cost to the HISD; 20.Allow CHARTER to apply for E-rate program fo obtain affordable internet and telecommunications access; 21.Allow eligible middle school students to enroll in APEX high school courses (excluding courses that require an EOC exam) in accordance with HISD requirements and guidelines; and 22,Allow eligible high school students to enroll in APEX high school courses in accordance with HISD requirements and guidelines SECTION Il PERFORMANCE STANDARDS FEDERAL STANDARDS Public Law 111-117 of the Consolidated Appropriations Act of 2010 requires assurances that State law, regulations and other policies require that authorized public chartering agencies use increase in student academic achievement for all groups of students described in Section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act as the most important factor when determining to renew or revoke a school's charter. HISD will review student academic achievement of students enrolled in the CHARTERS and CHARTERS understands and agrees that continuation of this Agreement includes consideration of and is contingent upon adequate yearly progress which includes separate measurable annual objectives for continuous and substantial improvement for each of the following: ‘The achievement of all elementary and secondary school students enrolled in the CHARTERS; * The achievement of economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency enrolled in the CHARTERS. Disaggregation of data shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. STATE STANDARDS CHARTERS understands and agree that continuation of this Agreement includes consideration of and is contingent upon the satisfactory student performance under Subchapter B, Chapter 39 of the Texas Education Code, and on compliance with other applicable accountability provisions under Chapter 39 of the Texas Education Code. A charter that receives an accountability rating of Improvement Required by the State of ‘Texas for two (2) consecutive years may not be renewed, effective beginning with the 2015-2016 School Accountability Rating. In addition, CHARTERS will implement an intervention plan designed by HISD to improve the quality of teaching and learning in the school, so that greater numbers of students achieve proficiency on targeted state performance standards, as set forth fully in EXHIBIT D, which is attached hereto and incorporated herein by reference. If necessary, HISD may authorize the reconstitution of the staff at CHARTERS. For the purpose of this contract, reconstitution shall be defined as it is in Texas Administrative Code Title 19, Part 2, Chapter 97, Subchapter EE, §97.1051, which is set forth below: Reconstitution-- (A) The removal or reassignment of some or all campus administrative and/or instructional personnel in accordance with at least the minimum requirements of TEC, §39.107, taking into consideration proactive measures the district or campus has taken regarding campus personnel; and (B) the implementation of a campus redesign, approved by the HISD Superintendent™, that () provides a rigorous and relevant academic program; (ii) provides personal attention and guidance; (ii) promotes high expectations for all students; and. (iv) addresses comprehensive school-wide improvements that cover all aspects of a school’s operations, including, but not limited to, curriculum and instruction changes, structural and managerial innovations, sustained professional development, financial commitment, and enhanced involvement of parents and the community. * Modified only to reflect action may be taken by HISD Superintendent as opposed to the Commissioner of Education. In the event this Agreement is renewed prior to the consideration of student performance from the previous school year, and student performance does not meet the required standards, HISD may, at its sole option, immediately terminate this Agreement and any renewal of this Agreement without an opportunity to cure upon providing written notice to CHARTERS stating the effective date of such termination. Within thirty (30) days after receipt of results of state performance standards, the decision on renewal of this Agreement will be based on TEA Accountability System measures and other standards stated herein. For this Agreement to be considered for renewal, students enrolled at CHARTERS must perform on a level equal to or better than similar students across the district at the same grade level on the applicable TEA Accountability System measures listed below. + Students in Grades kindergarten-2 will be evaluated on any HISD mandated test or tests, including, but not limited to, the High Frequency Word List and any additional test or tests agreed upon by HISD and CHARTERS. + Students in Grades 3-12 will be evaluated on STAAR, End of Course exams, and/or any additional metrics agreed upon by HISD and CHARTERS. Student results will be disaggregated by Accountability Systems subgroups to include: Ethnicity, Gender, Grade-level, Economically Disadvantaged Comparisons will be made to non-charter students in the same grade levels. + Disciplinary Measures (all students aggregated). The number of disciplinary actions of CHARTERS students will be compared to similar students within HISD. * Class Size. Texas Education Code (TEC) §25.112 requires that students in grades kindergarten through four must be assigned to a class with an enrollment not to exceed 22 students per teacher. Applicable charter schools are required to meet the requirements of this law. A waiver for a maximum class size exception is required under the provision of TEC §25.112 if any class for grades K-4 exceeds the allowable class size limit of 22 students per class (22:1). The exemption expires at the end of the school year for which it is granted. Aforementioned charter schools shall first request permission in writing from the assigned School Support Officer to exceed a class size of 22:1, Furthermore, charter schools shall implement by mutual agreement of the parties hereto a corrective action plan if any classroom exceeds the allowable class size limit of 22:1. The renewal of this Agreement includes consideration of and is contingent upon a charter school's compliance to the class size enrollment requirements. © Maximum Enrollment. CHARTERS’ total maximum enrollment shall be as follows, to be updated annually upon contract renewal Grades kindergarten through four: 25 students multiplied by two-fifths of the total number of homeroom classes, plus 22 students multiplied by three-fifths of the total number of homeroom classes. 10 For example, if a Charter has 100 total homeroom classes in grades kindergarten through four, the maximum total enrollment would be: [(2/5*100)*25)+(3/5"100)*22)]=2,320 The only exception to this is ifthe Charter is rated Improvement Required, in which case total maximum enrollment in grades kindergarten through four shall not exceed 22 students multiplied by the total number of homeroom classes in grades kindergarten through four. Allother grades: 37 students multiplied by the total number of homeroom classes. + Attendance (all students aggregated). The attendance rate for CHARTERS students will be compared to similar students in similar programs across the district. Furthermore, based on the 2016-2017 attendance data certified by HISD’s Federal and State Compliance Department, if CHARTERS has an attendance rate at or below 88%, CHARTER shall implement by mutual agreement of the parties hereto a corrective action plan to increase the 2017-2018 attendance rate to at least 90%. Failure to meet this standard for two consecutive years may result in non- renewal of Agreement. * Course Completion: The course completion rate of CHARTERS students will be compared to completion rates of students in similar programs. * Dropouts: The dropout rate of CHARTERS will be compared to the rate of similar district programs. * Graduation: The graduation rate of CHARTERS will be compared to the rate of graduation of similar district programs, For all students who do not qualify to be considered under the expected standards, Performance expectations will be based on School Improvement Plan goals and objectives. Data will be gathered and-maintained by CHARTERS. Standards will include @ review of results on state mandated annual assessments, dropout rates, retention/promotion rates, and graduation rates for all groups of students specified in the Elementary and Secondary Education Act. In addition, based on 2016-2017 dropout data certified by HISD’s Office of Research and Accountability, if CHARTER has a dropout rate exceeding 3%, CHARTER shall reduce the 2016-2017 dropout rate to no more than 3% in 2017-2018. Failure to meet this standard may result in non-renewal of Agreement. CHARTERS agrees to provide the district all documentation, including a summary report, indicating the extent to which the program has met the performance standards stated "1 therein. This report will be submitted to the HISD on or before September 30, 2018 or on another date specified by HISD. SECTION Ill TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2016 through June 30, 2019 with annual renewals, providing any expenditure under this Agreement shall be made only from current tevenues for each academic year during the three (3) year term with compensation levels to be established annually through an amendment to the contract. This Agreement may be terminated prior to the expiration of the term by either party as provided in the Termination section of this Agreement. SECTION IV TERMINATION ‘The Agreement may be terminated prior to expiration of the term as follows: 1, By mutual written agreement of the parties hereto, which agreement shall state the effective termination date and any other terms and conditions of said termination; 2. By either party hereto, with or without cause at the end of any school year; 3. By either party hereto, with or without cause, with thirty (30) days prior written notice to the other party, where the execution of termination falls within a window of time to minimize disruptive services to students; 4. Immediately, by either party hereto, upon a breach of the terms of this Agreement, after first giving the other party written notice of the breach and permitting the other party thirty (30) calendar days to remedy said breach, unless otherwise stated within this Agreement. HISD shall determine compliance on any such breach related to the safety and instruction of HISD students in compliance with all applicable laws and board policy. Immediately without an opportunity to cure, as provided in Section | (A)(1) herein, Immediately without an opportunity to cure, as provided in Section Il herein. Notwithstanding the foregoing, termination of the charter shall be in accordance with HISD Board Policy EL (LOCAL), which provides specifically as follows: Noa a. The Superintendent shall investigate any allegation that a charter campus or program has violated federal or applicable state law or provisions of the charter or fails to meet generally accepted accounting standards for fiscal management. The Superintendent shall hold a conference with the chief operating officer and governing body of the charter campus or program to discuss any such allegation. 12 b. If the Superintendent determines that a violation or mismanagement has occurred, the chief operating officer of the charter campus or program shall respond to the allegation at the next regularly scheduled Board meeting. The Superintendent shall ensure that the issue is on the agenda, c. The Board shall hear the presentation and take action, if necessary, to place the charter campus or program on probation. d. If the Board decides to consider revocation of the charter, it shall schedule a public hearing to be held on the campus where the program is located, SECTION V COMPENSATION Total compensation due to CHARTERS will be based on the state funding formula less five percent for administrative support. The summer PEIMS student information will be used to determine the final level of funding earned. There will be no differentiation in the funding level of students new to HISD. A per unit allocation (PUA) will paid according to Tier [ state funding formula for eligible full time-equivalent (FTE) students not to exceed the combined maximum enrollment not being utiized by Energized for Excellence Academy, Inc. and Inspired for Excellence Academy, Inc. (as specifically provided for in Section I! (page 10) of this Agreement). 1, CHARTERS will receive the state ADA daily allotment for eligible students, not to exceed the average daily attendance in a full day program, less five percent for administration. The final summer PEIMS student data will be aggregated and the total eamings will be determined by the state funding formula calculations. The average daily attendance (ADA) earnings will be driven by student demographic data of the charter campus. Total earings will be the total ADA and FTEs multiplied by the corresponding weight and adjusted basic allotment. 2. This Agreement shall authorize the provision of services and payments for students enrolled only at HISD pre-approved sites located within the HISD attendance boundaries. There will be no funding of students enrolled at sites outside of the HISD attendance zone or sites that have not been explicitly approved in writing by the HISD. 3. HISD has the option of implementing a revised payment schedule based on the actual cumulative attendance rate. In the event that it is determined that CHARTER has received funds in excess of the anticipated attendance rate, such overpayment shall be prorated and deducted from the remaining payments for the current school year. 4, There will be no funding allocations for any students who transfer from an HISD school subsequent to the HISD funding date and enroll at the CHARTERS. 5. CHARTERS will receive payments for compensation for services based on the ADA yearly amount divided into four payments (three initial payments and one final payment of 5% or actual based on data submitted in the 2017-2018 Summer PEIMS 1! Submission. 8 Schedule of payments are as follows: a. First payment will be made on or about July 3, 2017, for approximately 31.68% of the allotment. The initial payment will be based on 2017-2018 enrollment projections as mutually agreed upon in writing. b. Second payment will be made on or about October 1, 2047, for approximately 31.65% of the allotment, Based on the average daily attendance of the preceding cycle. c. Third payment will be made on or about December 1, 2017 for approximately 31.68% of the allotment. Based on the average daily attendance of the preceding cycle. d. Fourth payment will be made on or before June 15, 2018 for approximately 5% or actual based on data submitted in the 2017-2018 Summer PEIMS 1% Submission. 6. Payment shall be issued contingent on current ADA records in balance ten (10) days after receipt of the quarterly invoice for the periods covered in this Agreement, and submitted to HISD. 7. Final settle-up of the remaining balance shall be due to CHARTERS or from CHARTERS on or before September 1, 2018 based upon final/completed average daily attendance of the period covered under this agreement. 8. Inno case shall HISD be obligated to pay any amount for students not included in the district's eligible ADA count to the Texas Education Agency. 9. In the event that a scheduled payment date falls on a weekend day or a holiday, payment will be made on the Friday preceding the weekend day or the day preceding the holiday. 10.Any amounts due HISD at the end of the fiscal year (e.g, over payments, lost textbooks, transportation, meals, print jobs, etc.) shall be deducted in equal installments from the three payments due in 2017-2018. In the event that the money owed exceeds the regular payment or Agreement is not renewed, CHARTER shall be liable for and shall pay the HISD the money owed within thirty (30) days of receipt of written notice from the HISD. Other Compensation Items 11,Should CHARTERS participate in the HISD alternative certification program (ACP), and should CHARTERS elect to compensate HISD for such participation over the term of this agreement as opposed to by lump sum, the amount per teacher as set forth by HISD as well as any additional agreed upon expenses will be prorated and deducted from the remaining payments over the term of the agreement. Participation in ACP includes the timely and satisfactory completion of all ACP requirements. Should program guidelines not be completed in a timely or satisfactory manner, CHARTERS and its participants may be withdrawn from the program and may be ineligible for further participation. CHARTERS admits knowledge of and agrees that HISD's obligation hereunder for payment of compensation is limited to and expressly subject to receipt of any funds “4 from TEA under the provision of the Elementary and Secondary Education Act of 1965 as amended by Public Law 100-297, ESEA Title I-Part A and that such funds are specifically designated for this program. In the event such funds are not received by HISD, then HISD shall have no liability for payment to CHARTERS under this ‘Agreement. In the event of only partial funding from TEA, HISD shall be liable under this Agreement only for those amounts actually received by HISD from TEA, which ate specifically designated for this program. In the event HISD is ever required to refund any funds received from TEA specifically designated for this program, then it is understood and agreed that CHARTERS shall be liable for and shall refund such amounts received by them to HISD within thirty (30) days of receipt of written notice from HISD. CHARTERS agrees to comply with ail rules, regulations, ordinances, statutes, and other laws, whether local, state or federal, including, but not limited to, all audit and other requirements of the Single Audit Act of 1984. In the event an audit occurs and any expenditures relating to this Agreement are disallowed, CHARTERS agrees to reimburse HISD immediately for the full amount of such disallowed expenditures. CHARTERS shall provide all services and perform all functions in accordance with the U.S. Office of Management and Budget (OMB) Uniform Grant Guidelines and any other applicable OMB guidelines, and in accordance with HISD’s Procedures which HISD shall provide to CHARTERS, regarding regulatory and financial matters so that the program can be carried out in accordance with the requisite federal and state requirements. 12.FEDERAL GRANT FUNDING AND HOUSTON INDEPENDENT SCHOOL DISTRICT'S BOARD POLICY OBLIGATIONS, To the extent that HISD's obligation hereunder for payment of compensation is limited to and expressly subject to receipt of any funds from TEA under the provision of the Elementary and Secondary Education Act of 1965 as amended by Public Law 100- 297, ESEA Title |-Part A and that such funds are specifically designated for this program, CHARTERS agrees to comply with all of the following requirements. In the event such funds are not received by HISD, or only partial funding is received from TEA, HISD may terminate this contract and not be liable for the remaining balance of the contract to the extent that the work has not been performed, In the event HISD is ever required to refund any funds received from TEA specifically designated for this program, based upon CHARTERS’ failure to adhere to the requirements herein, then itis understood and agreed that CHARTERS shall be liable for and shall refund such amounts received by them to HISD within fifteen (15) days of receipt of written notice from HISD. 6 CHARTERS agrees to comply with all rules, regulations, ordinances, statutes, and other laws, whether local, state or federal, including, but not limited to, all audit and other requirements of the Single Audit Act of 1984. To the extent that Federal Funds are utilized for payment under this contract, CHARTERS agrees to comply with the Education Department General Administrative Regulations (“EDGAR”), CHARTERS shall complete the EDGAR CHARTERS Certifications which are attached hereto as Exhibit “E,” which certifications are incorporated by reference herein, and shall ensure that such CHARTERS Certifications are promptly updated as necessary during the term of this Contract. Noncompliance or misrepresentation regarding the CHARTERS Certifications may, in HISD’s sole discretion, be grounds for immediate termination of this Contract. X Provider's Signature In the event an audit occurs and any expenditures relating to this Contract are disallowed, based upon CHARTERS? failure to adhere to the requirements herein, CHARTERS agrees to reimburse HISD immediately for the full amount of such disallowed expenditures CHARTERS shall provide all services and perform all functions in accordance with the U.S. Office of Management and Budget (OMB) Circular Nos. A-133, A-110, and any other applicable OMB circulars, and in accordance with HISD’s Procedures which HISD shall provide to CHARTERS, regarding regulatory and financial matters so that, the Grant can be carried out in accordance with the requisite federal and state requirements. SECTION VI REPORTS AND EVALUATION In compliance with Public Law 111-117 of the Consolidated Appropriations Act of 2010 and Section 12.059(7) of the Texas Education Code, CHARTERS will, at its own expense, have its fiscal accounts audited annually by a certified or public accountant holding a permit from the Texas State Board of Public Accountancy. The audit must be completed by January 15" of each year and said audit report shall be submitted to the Chief Financial Officer of the Houston Independent School District. The audit will be due on January 15, 2018 for the fiscal accounts for the year ending August 31, 2017, 18 CHARTERS shall submit to HISD within thirty (30) days after the execution of this Agreement a completed HISD designed budget template that accounts for the projected expenditures of monies allocated by the HISD to CHARTERS. CHARTERS will maintain and retain throughout the term of this Agreement, and for a period of at least two (2) years, financial information which indicates utilization of funds ecelved from HISD. In the event of a state or federal audit of HISD regarding expenditures of state funds, CHARTERS shall make available for inspection such financial information as required by the Texas Education Agency or other auditing agencies, CHARTERS agrees to submit an annual report of each year of implementation, starting with the end of the first year of implementation. The annual report must contain basic demographic data, attendance rates, enrollment data, and achievement data on all participating students. These data must be sufficient to allow judgment of the program effectiveness in achieving its stated objectives. A final summative project report shall be submitted by CHARTERS to HISD at the completion of the contract term. This report will include, but will not be limited to project background information, a description of the project implementation, and accomplishments and conclusions. HISD reserves the right to conduct its own evaluation of this project at any time to verify effectiveness. HISD reserves the right to conduct an investigation of CHARTERS when irregularities, indiscretions, and/or wrongdoings are reported or suspected concerning the implementation of this program including, but not limited to practices and policies relating to student enrollment, student accounting, student discipline, STAAR administration, program expenditures, record-keeping, delivery of instruction, and compliance with applicable requirements of federal, state, and local laws, regulations, and policies governing non-discrimination. CHARTERS and HISD intend to utilize the results of the evaluations and written reports as part of the criteria for continuation or termination of future participation in this program. No reports or evaluations created pursuant to this Agreement may be released to third parties without prior written consent of HISD which consent shall not be unreasonably withheld. SECTION Vil RELATIONSHIP OF THE PARTIES Itis understood and agreed that CHARTER is an independent contractor and that neither it nor any employees or agents contracted by this institution shall be deemed for any purposes to be employees (paid or volunteer) or agents of HISD. This Agreement does 7 not create a joint venture or business partnership under Texas law. CHARTERS assume full responsibility for the actions of such personnel and volunteers while performing any services incident to the Agreement, and shall remain solely responsible for their supervision, daily direction and control, payment of salary (including withholding of income taxes and social security), workers’ compensation, benefits and like requirements and obligations. In no event shail either party be responsible or liable to the other party for any action or inaction of its respective officials, agents, administrators, employees, volunteers and students. SECTION VIII RECORDS CHARTERS acknowledges that HISD must have access to copies of student administrative and educational records in order to effectively participate in this ‘Agreement. CHARTERS agrees to provide HISD employees access to all student, administrative, educational and financial records as may be requested in order to monitor and evaluate the program. The CHARTERS agrees to allow HISD employees and officials’ access to all facilities, including classrooms, during regular operation hours in order to facilitate such monitoring activities. To the extent that CHARTERS or HISD will come into possession of student records and information, and to the extent that CHARTERS or HISD will be involved in the survey, analysis, or evaluation of students, incidental to this Agreement, both parties agree to comply with all requirements of the Family Educational Rights and Privacy Act and the ‘Texas Public Information Act. In the event that HISD is required to furnish information or records of CHARTERS pursuant to the Texas Public Information Act, CHARTERS shall furnish such information and records to HISD and HISD shall have the right to release such information and records. CHARTERS agrees to provide assurance that all student, staff, financial, and school records shall be maintained and meet the retention period regulations required by state and local laws and procedures. SECTION IX INSURANCE Insurances maintained per this Agreement by Charter shall be primary insurance with respect to HISD, its officers, agents, and employees. Any insurance or self-insurance maintained by HISD shall be excess of and non-contributory with insurance maintained per this Agreement by Charter, CHARTERS agrees to provide and maintain during the term of this Agreement automobile liability, general liability, professional liability, and workers’ compensation insurance in amounts required by HISD. CHARTERS represents 48 and agrees that it shall provide and maintain insurance as required by HISD and as agreed to by the parties hereto, as follows: A Workers’ Compensation and Employers Liability. (1) Workers’ Compensation: Statutory Limits (2) Employers Liability: $100,000 Each Accident - Bodily Injury by Accident; $100,000 Each Employee - Bodily Injury by Disease; and $500,000 Policy Limit - Bodily Injury or Disease. (3) Other States coverage and Endorsement. Commercial General Liability Insurance. (1) Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability; $1,000,000 advertising injury; $2,000,000 general aggregate and $1,000,000 aggregate for products and completed operations. (2) Coverage: Premises operations; blanket contractual liability, civil rights violations, personal injury liability (employee exclusion deleted); products and completed operations; independent contractors, employees and volunteers as additional insured; cross liability; and broad form property damage (including completed operations). (3) Aper location policy aggregate will apply. Automobile Liability. (1) Limit of Liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability (2) Coverage: Owned, non-owned, and hired vehicles. Professional Liability Insurance, (1) Individuals and Professional Corporations: $1,000,000 each occurrence; $3,000,000 annual aggregate. (2) Professional Liability Insurance is written on an "occurrence" basis. (3) Coverage applies to the Education Services provided by CHARTERS and includes the Corporation and its employees Evidence of Insurance Coverage. Certificates of insurance evidencing the required coverage shall be submitted to the HISD administrator at the address set forth in this Agreement and to HISD’s Risk Manager at least ten (10) days before each renewal term. Additional Insured Status and Waiver of Subrogation. HISD will be added as an additional insured for the Commercial General Liability and Automobile Liability policies under a Blanket Additional Insured 19 Endorsement on the referenced policies. In addition, HISD shall be named as an “alternate employer” in the Workers’ Compensation coverage maintained by CHARTERS. Finally, the Charter waives its right of subrogation against HISD's workers’ compensation, commercial general, umbrella, and automobile liability insurance coverage. SECTION X NO WAIVER OF IMMUNITY CHARTERS shall hold HISD and its past and present and future trustees, officers and employees harmless and shall indemnify all such parties against any and all claims, demands, and causes of action of whatever kind of nature asserted by any third party, occurring or in any way incident to, arising out of, or in connection with any acts of the Charter and its agents, employees, and subcontractors done in connection with this ‘Agreement. Nothing in this Agreement shall be construed to create a claim or cause of action against HISD for which it is not otherwise liable, nor to waive any immunity or defense to which HISD may be entitled nor to create an impermissible deficiency debt of HISD. Nothing herein shall be construed as creating any personal liability on the part of any trustee, officer, employee or representative of HISD. SECTION XI AUTHORIZATION OF AGREEMENT Each party represents and warrants to the other that the execution of this Agreement has been duly authorized, and that this Agreement constitutes a valid and enforceable obligation of such party according to its terms, SECTION Xi NO WAIVER No waiver of a breach of any provision of this Agreement shall be construed to be a waiver, of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach 20 SECTION Xill RIGHT IN PROPERTY Allfitle to CHARTERS supplies, equipment, furniture, and records shall remain the sole property of CHARTERS when procured with ADA-generated or non-district funds. All ttle to HISD furnished supplies, equipment, furniture, materials and/or textbooks shall remain the sole property of HISD. CHARTERS shall be accountable for any lost or damaged textbooks, equipment, furniture, or other materials which are not retumed to HISD in accordance with HISD procedures and CHARTERS shall reimburse HISD for the cost of any such lost or damaged textbooks, equipment, furniture, and materials upon demand as specifically provided for in Section V (10) of this Agreement. SECTION XIV NOTICE Any notice required to be given under the provisions to this Agreement shall be in writing and shall be duly served when it shall be hand delivered to the addressees set out below, or shall have been deposited, duly registered or certified, return receipt requested, in a United States Post Office addressed to the party at the following addresses: To: CHARTERS Energized for E-STEM Academy, Inc. Attn: Lois Bullock 6201 Bissonnet Houston, Texas 77081 To: HISD Houston Independent School District Attn: Richard A. Carranza, Superintendent of Schools 4400 West 18" Street Houston, TX 77092 Any party may designate a different address by giving the other party ten (10) days prior written notice in the manner provided above. SECTION XV NO ASSIGNMENT No assignment of this Agreement or of any duty or obligation or performance or payment hereunder, shall be made by either party, in whole or in part, without the prior written consent of the other party. 24 SECTION XVI SECTION HEADINGS The headings of sections contained in this Agreement are for convenience only, and they shall not, expressly or by implication, limit, define, extend, or construe the terms or provisions of the sections of this Agreement. SECTION XVII GOVERNING LAW This Contract is made in Texas and shall be construed, interpreted, and governed by the laws of such state. The parties irrevocably consent to the sole and exclusive jurisdiction and venue of the courts of Harris County, Texas, for any action under this Contract. CHARTERS shall comply with executive order 11246, entitled “Equal Employment Opportunity”, as amended by executive order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). CHARTERS shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (a)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations (40 CRF, Part 15), which prohibit the use under non-exempt federal contracts, grants, or loans or facilities included on the EPA list of violating facilities. Violations shall be reported to the Texas Education Agency and to the EPA Assistant Administrator for Enforcement (EN-329). CHARTERS shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). SECTION XVIII DEBARMENT AND SUSPENSIONS CHARTERS certifies, to the best of its knowledge and belief, that it is not presently debarred, suspended for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. CHARTERS agrees to comply with all applicable requirements of all federal laws, executive orders, regulations, applicable guidelines, and policies governing this program, particularly relating to nondisorimination. These include but are not limited to: (j) Title VI of the Civil Rights Act of 1964, as amended; (i) Title IX of the Education Amendments of 2 1972; as amended; (iii) Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; and (iv) the American with Disabilities Act, as amended SECTION XIX BUSINESS ETHICS During the course of pursuing contracts, and the course of contract performance, CHARTERS will maintain business ethics standards aimed at avoiding real or apparent impropriety or conflicts of interest. No substantial gifts, entertainment, payments, loans or other considerations beyond that which would be collectively categorized as incidental shall be made to any employees or officials of HISD, its authorized agents and representatives, or to family members of any of them. At any time CHARTERS believes there may have been a violation of this obligation, CHARTERS shall notify HISD of the possible violation. HISD is entitled to request a representation letter from CHARTERS, its subcontractors or vendors at any time to disclose all things of value passing from CHARTERS, its subcontractors or vendors to HISD’s personnel or its authorized agents and representatives. REQUIRED DISCLOSURES 1. For all contracts in excess of $50,000.00, or which require Board approval, CHARTERS must electronically file Form 1295, which is available at https v/www.ethics state tx.us/forms/1295,pdf listing all interested parties, including a person who has a controlling interest in CHARTERS? business, or who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business. CHARTERS must print out, execute and notarize the form and provide a copy to HISD at the time it executes the contract in compliance with Section 252.908 of the Texas Government Code. Instructions for filing Form 1295 are attached hereto as Exhibit "F.” 2. CHARTERS must also file a completed conflict of interest questionnaire, in compliance with Section 176.006 of the Texas Local Government Code, attached hereto as — Exhibit += "G,""or_~— available. — at hitps:/www.ethios.state.tx.us/forms/CIQ.pdf with the HISD records administrator, if the has an employment or other business relationship with a local government officer of HISD, or a family member of the officer; has given a local government officer of HISD, or a family member of the officer, one or more gifts with the aggregate value of more than $100 in the 12-month period preceding the date of the contract; or has a family relationship with a local government officer of HISD. The questionnaire must be filed not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with HISD; or (B) submits 23 an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with HISD; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer of HISD; (B) that the vendor has given one or more gifts to a local government officer of HISD of more than $100 in the aggregate; (C) of a family relationship with a local government officer of HISD. SECTION XX BUSINESS CERTIFICATES / TAXES All CHARTERS entering into a contract with HISD must adhere to the following applicable Texas laws as they pertain to their individual type of ownership. Corporations (domestic or foreign *) shall be properly registered with the Texas Secretary of State and the Comptroller of Public Accounts as required by TITLE 34, Part 1, Chapter 3, Subchapter V, Rule 3.546 of the Texas Administrative Code. A current "Certificate of Good Standing” from the Texas Comptroller of Public Accounts shall be made available upon request stating that the corporation charter is current and all Texas Franchise Reports and Taxes are paid. Partnerships and Joint Stock Companies, and Limited Liability Partnerships (domestic or foreign*) shall be properly registered with the Texas Secretary of State in accordance with TITLE 105--PARTNERSHIPS AND JOINT STOCK COMPANIES, CHAPTER ONE — PARTNERSHIPS, LIMITED PARTNERSHIPS, TEXAS REVISED LIMITED PARTNERSHIP ACT, Article 6132a-1. "Texas Revised Limited Partnership Act.” Alll partners in a partnership must file a "Certificate of Limited Partnership" with the secretary of state, which shall be made available for inspection upon request. The CHARTERS, whether Corporate, Partnership, ot Sole Owner must be current on HISD Property Taxes. If commercial personal property is located in the jurisdiction, current renditions of these properties must be filed with the Chief Appraiser, as required by Chapter 22, Section 22.01, of the Texas "PROPERTY TAX CODE". *Note: Foreign means formed under laws of another state, Domestic means formed under Texas laws. SECTION XX! THIRD PARTY BENEFICIARIES Nothing in this Agreement shall be deemed or construed to create any third party beneficiaries or otherwise give any third party any claim or right of action against any party. 24 SECTION XXII COMPLETE UNDERSTANDING This Agreement shall constitute the complete understanding of CHARTERS and HISD, and may not be modified in any manner without the express written consent of both parties. SECTION XXIII THREE ORGINALS This Agreement is executed in three (3) counterparts, each of which shall have the full force and effect of an original Agreement, and each of which shall constitute but one and the same instrument. 25 IN WITNESS THEREOF, the parties have executed this Agreement to be effective on duly 1, 2017. Energized for E-STEM Academy, Inc. indent School District fst 4 Defy Lois Bullock Bate’ Founder of Schools APPROVED AS To Fume AND BUSINESS rajas Date CSfiet Fmaneal Offer E2819 28 EXHIBIT A Ree eNO ON ARON GUNS |. Meal Requirements and Meal Services A. All meals provided by HISD shall comply with the meal pattern requirements of the appropriate National School Lunch Program/School Breakfast ProgramiChild and Adult Care Feeding Program (NSLP/NSBP/CACFP) meal planning system, in accordance with the NSLP/SBP/CACFP Policy Statement. B. HISD will prepare meals which accommodate the special dietary needs of children as identified without any cost to CHARTER. These meals will be negotiated on an as- needed basis to eligible students. CHARTER will provide required documentation as outlined in TDA Administrator's Reference Manual (ARM). C. Menus shall be developed for each meal according to program requirements as identified by USDA. Il, Ordering and Delivery of Meals A, Breakfast, Lunch, Snack and Dinner will be prepared according to HISD guidelines. B, HISD js responsible for providing the agreed-upon meal service(s) each day CHARTER is in session (including Saturday tutorials) Il, Health and Sanitation A. CHARTER and HISD agree that State and local health and sanitation requirements will be met at all times. B, HISD shall be responsible for obtaining all permits required by the city, state or other authorities for operation, such as but not limited to Food Dealers, Fats, Oils and Grease Generator and Frozen Dessert permits. C. HISD shall be responsible for extermination services on a monthly basis or as needed for food services areas only. IV. Optional Services A. Clean up of the cafeteria or eating area after the meal service shall be the responsibility of CHARTER. B. Clean up of the kitchen after the meal service shall be HISD’s responsibilty. C. CHARTER is responsible for the repairs and maintenance of its equipment and HISD is responsible for the maintenance and repair of its commercial kitchen equipment that, HISD places on campus. D. Point of Sale Equipment shall be furnished as agreed upon. CHARTER shall provide 27 Vi internet access for the point of sale equipment. HISD shall be responsible for installation of the point of sale equipment. E. HISD is responsible for providing all required electrical, plumbing, and utilities to the A A kitchen and serving equipment only. All other electrical, plumbing, and utilities tied to the building at large must be maintained by CHARTER. Non-performance or Cancellation Rights This election by the CHARTER to allow HISD to serve as its food service provider, pursuant to Section 1.21. of the Agreement may be unilaterally canceled by either party for no reason and without cause upon forty-five (45) calendar days written notice to the other party. In the event of a breach of these Food Service Terms and Conditions for Charter Schools, the non-breaching party shall give the breaching party written notice specifying the default, and the breaching party shall have thirty (30) calendar days within which to cure the default. If the default is not cured within that time, the non- breaching party shall have the right to then terminate the fumishing of food services by giving the breaching party forty-five (45) calendar days written notice of its intention to terminate. Additional Terms Trash removal and all expenses associated with the removal of waste from any food operations shall be the sole responsibility of CHARTER. HISD shall have the right to conduct operational quality, and sanitation audits or reviews related to food services of CHARTER at any time on a day of service. C. CHARTER will not sell any food products or beverages that are not compliant with USDA Smart Snack Nutrition Standards during the school day. USDA defines the school day as the period from midnight before, to 30 minutes after the end of the official school day. D. HISD will be in compliance with local and state health permit regulations pertaining to food services. All costs associated with compliance or permits required for food services operation will be the responsibility of HISD. E. Any and all equipment provided by HISD will remain the sole property of HISD. In connection with HISD’s defense of any suit against it and/or HISD’s prosecution of any claim, counterclaim or action to enforce any of its rights and/or claims hereunder, in which HISD prevails as to all or any portion of its defense(s), claims, counterciaims or actions, HISD shall be entitled to recover against CHARTER its actual attorneys’ fees, expenses and court costs incurred in defending such suit and/or in prosecuting ‘such claim or action if court ordered. 28 EXHIBIT B DESO SES SOOO NEPOTISM RESTRICTION ON CHARTER SUPERVISORS Principals and supervisors at a charter school may hite and/or retain employees at the same school or work location who are related within the first, second, or third degree of consanguinity or affinity. Notwithstanding this provision, principals and supervisors are subject to the prohibition against employees reporting directly or indirectly to their own relatives, as described herein: A charter employee shall not be assigned to work in a school, building, or department where the employee reports directly or indirectly to an administrator to whom the employee is related within the second degree by blood or marriage. If such situations develop as a result of marriage, administrative transfer due to reorganization, or similar circumstance, both of the employees involved shall bring it immediately to the attention of the appropriate administrator for resolution. 1, LIMITED NEPOTISM RESTRICTION RELATING TO THE CHARTER’S CHIEF ADMINISTRATIVE OFFICIAL ‘There is no restriction against the top administrative official at a charter school, whatever the official title, (€.g., superintendent, president, founder of schools, CEO etc.) from appointing a person, to whom the official is related, to a position at the charter school, whether as an employee or as an independent contractor. However, if the person appointed to a position at the charter is, related to the top administrative official by consanguinity (blood) within the third degree or by affinity (marriage) within the second degree, the official shall, before making the appointment, make a determination that the positives of appointing the person outweighs any possible negatives associated with a nepotistic appointment. Wl, LIMITED NEPOTISM RESTRICTION RELATING TO CHARTER BOARD MEMBERS. There is no restriction against the charter appointing a person, who is related to charter board member, to a position at the charter school, whether as an employee or as an independent contractor. However, if the person appointed to a position at the charter is related to a charter board member by consanguinity (blood) within the third degree or by affinity (marriage) within the second degree, the top administrative official at the school shall, before making the appointment, make a determination that the positives of appointing the person outweighs any possible negatives associated with a nepotistic appointment. ATTACHMENT TO EXHIBIT B ‘The following illustrations depict the relationships that violate the nepotism restrictions set forth in EXHIBIT B. CONSANGUINITY (Blood Kinship): Charter School top administrative official or board member is prospective employee’s: First Degree Parent Child Second Degree Grandparent | Grandchild | Sister/Brother Third Degree Great-Grandparent | Great-Grandchild } Aunt/Uncle | Niece/Nephew AFFINITY (Marriage Kinship): Charter School top administrative official or board member’s spouse is the prospective employee. OR Charter School top administrative official or board member’s spouse is prospective employee's: OR Prospective employee’s spouse is Charter School top administrative official or board member's: First Degree Child Second Degree Grandparent | Grandchild | Sister/Brother NOTE: The spouses of two persons related by blood are not by that fact related, The aflinity chart supposes only one affinity relationship between the Charter School top administrative official or board member and prospective employee through either of their spouses. 30 EXHIBIT C WAIVERS TO BOARD POLICY AND SCHOOL GUIDELINES Waiver Item Rationale 1 | Planning and Decision-Making _| The purpose of this waiver is to form an alternative planning group Process (Alternative to SDMC) as an alternative to the SDMC Committee. The alternative planning group will be comprised of teachers, other school personnel (clerks, teacher aides, secretaries, etc.), parents and ‘community members or business representatives, 2 Highly Qualified Teachers ‘The purpose of this waiver is to allow highly qualified teachers (as (Alternative to Certified defined in annual contract) to provide instructional services to Teachers) students. 3 | Hiring a Librarian This waiver allows CHARTER to be exempt from hiring a librarian. 4 | Hiring a Nurse This waiver allows CHARTER to be exempt from hiring a nurse. 5 _ | Hiring a Psychological This waiver allows CHARTER to be exempt from hiring a Counselor psychological counselor. 6 Minimum teacher planning This waiver allows the minimum teacher planning period to be period scheduled at the end of the school day. 7 _ | Providing transportation to ‘Students attend CHARTER via an approved district transfer. As a students result, CHARTER is not required to provide transportation to students enrolled in the program. However, if transportation is a related service identified in the individualized education programs (IEP) of eligible students with disabilties, HISD will be responsible for coordinating the transportation services for these students, [8 | Parent Advisory Council (PAC) | This waiver allows CHARTER to replace the PTA/PTO functions In Place of PTA/PTO with the Parent Advisory Council (PAC) required for Title | schools. | This reduces duplication of functions and provides focused | support to address campus needs. 9 | HISD Early Dismissal Days This waiver allows CHARTER to select alternative calendar days to replace the district early dismissal calendar days of September 21%, October 11", November 16, January 25", and February 22". CHARTER will be responsible for the notifications to parents | of the altered schedule change that is brought about by this exemption. This exemption is contingent upon TEA’s approval of HISD's waiver request. 10 | Grading Cycle Waiver of Local | This waiver allows CHARTER to use a nine week grading cycle. Board Policy EIA This will provide teachers with additional instructional time with 31 students before grading periods. Student achievement will be positively impacted by providing students more feedback and time to improve their grades following the distribution of progress reports, " Valedictorian and Salutatorian Qualification Waiver of Board Policy EIC Local and Schoo! Guidelines VIl-356 “The purpose of this waiver isto extend the required period of enrollment in order to qualify for valedictorian or salutatorian. The student with the highest grade point average will be valedictorian, ‘The student with the second highest grade point average will be salutatorian. To be eligible for these honors, the students must have been enrolled at CHARTER (rom which he/she is graduating) from the first day of their junior academic year except for students classified under Migrant, Homeless, or Foster Care coding. 2 ‘Waiver is requested for E-STEM High School Underclassmen Exemption from Spring Final “The walver isto incentivize the daily attendance rate of underclassmen by allowing one Spring final exam exemption to eligible 8th graders, two spring final exam exemptions for eligible 10th graders and three spring final exam exemptions for eligible 71th graders. Eligible students will be defined as having no more than three total absences (excused and unexcused) in any course for the duration of the semester, and will have a grade average of an 85 or higher in the course for which the student is. eligible for the exemption. Eligible students must also have a discipline record that includes no level 3 or higher discipline infractions, and/or no more than 5 detentions in the class. In addition, students may only take advantage of one final exam exemption opportunity if more are availabe. The Faculty Academic Council will develop the comprehensive policy and will provide oversight with the Implementation of this waiver to ensure that the policy does not interfere with the current requirements of the Student Performance component of the Teacher and Development System. The specific objective is identified in the School Improvement Plan (SIP), Eligible students must attend school for at least 440 instructional minutes or they will be marked absent (HB 2610). EXHIBIT D Mane ke uuaessn ree psy EUAN Le ae Goal Charter school students will perform on a satisfactory level equal to or better than similar students from across the district at the same grade level configuration on the applicable TEA Accountability System measures. “Teachers are providing low level instruction, Teachers need to plan and faciltate more rigorous Instruction that allows for learning to be robust, engaging, and appropriately challenging. Peron] Formative/Summative | pa swratepv/action | patgtaiie | Messrement = | RefouresNeeded | Timeline TL, Teachers willattend professional ‘A Teachers | HISD Benchmark HISD Scope and | August 25, 2017 - development trainings a jointly Principal | Assessments, Grade | Sequence, May 33, 2038, identified by CHARTER and HISD to sp Level Assessments, | OneSource increase building capacity sso Teacher Observations, STAAR 2, Principal wil attend professional Principal | HISD Benchmark OneSource ‘August 28, 2017 = development trainings as jointly PSP Assessments, Grade May 31, 2018 ‘identified by CHARTER and HISD to 550 Level Assessments, increase leadership capacity. Teacher Observations, STAAR 3. Principal wil attend all disticbwide Principal | STARR OneSource Tigast 28, 2017 = principals’ meetings ___|s80 Bee _| nay 32, 2018 TA iRyear 1 All Teachers | 4A) Campus A) Campus 4) Beginning the Campus Teacher Development Plan will | Head of | individualized Developed first schoo! day be used to evaluate teachers Schools | Benchmark Documents after final state Principal | Assessments, accountability o.1RYear 24: 50 48) TADS ratings are The Teacher Appraisal and Development 40) HISD Benchmark | Documents published system (TADS) will be used to evaluate Assessments, Grade reflecting first year | teachers. Level Assessments, IR status Teacher Observations, STAAR 48) Beginning the first school day atter final tate accountability ratings are published reflecting mult- year IR status, 5. New and/or revised instructional ‘AlTeachers | HISD Benchmark HISD Scope and | August 28,2017 — program will beuitlized toimplement | Principal | Assessments, Grade | Sequence, 10S | May31, 2018 effective higher level instructional PsP Level Assessments, strategies. $50 Teacher Observations, STAR ._ Professional learning Communities | AlTeachers | HISD Benchmark | TDS,550 September, 2017 (PLCs) will meet weekly to collaborate, | Principal | Assessments, Grade =May 31, 2018 analyze student test data, and develop | PsP Level Assessments, interventions to improve student $80 Progress Reports, outcomes, Report Cards, STAR 7. iteracy levels will be used to Improve] AllTeachers | HISD Benchmark Full participation in| August 28, 2017 — fluency and comprehension in orderto | Principal | Assessments, Grade | Literacy By 3 May 31, 2018 create optimal learning environments | PSP Level Assessments, | Resources, Guided and sustainable increases in student 380 Teacher Observations, | Reading Library, achievement. STAAR Neuhaus Literacy Resources, HUB a Resources 8, Schedules will be Implemented that will | Lead HISD Benchmark Chancery ‘ugust 28, 2017 — increase time for both students and staff. | Teachers | Assessments, Grade May 31, 2018 Principal | Level Assessments, PsP ‘Teacher Observations, $50 STAAR 3,550 will provide budgetary oversight of | Principal | HISD Benchmark ‘SAP, SSO ‘August 28, 2017 — targeted assistance funds allocated to | PSP Assessments, Grade May 31, 2018 improve student performance. $50 Level Assessments, STAAR 40, Continuous monitoring and evaluation | Principal | HISD Benchmark HISD Scope and | August 28, 2017— will be utilized to ensure progress PsP Assessments, Grade | Sequence, TDS, SSO | May 31, 2038 towards improved student and school —_| sso Level Assessments, performance. Teacher Observations, STAAR 34 EXHIBIT E EDGAR CERTIFICATIONS ‘The folowing vercatons end provisions ere requted and apply whan HISD expends federal fund for any contact resling from this procurement process. Accordingly, the partes agrée that the following terms and conditlons apply to tho Contract ‘etiween the District and Energized for STEM Acadamy, Inc. (*Vendor”) In all stuatons where Vendor has bean pal or ‘ell be ald with federal funda: REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX ITO 2 CFR PART 200 (A) Contracts for mors than the simplified acquistion threshold currently ast at $150,000, which is the inflation adjusted ‘amount determined by the Givilan Agency Acquisition Councit and the Defense Acquistion Regulations Council (Councis) as authorized by 4{ U.8.C. 1908, must address aciminiatrat, contractual, ot legal remedies In instances Wihete contractors vilate or breach contrec erm, and provid for such sanctions an! ponetties ax appropiate, Pureuant fo Federal Rue (A) above, when HISD expends federal fds, HISD eserves al ighis nd pivloges under ‘he applicable laws and reguatons wll respect to this procurengtin th event of breach of contact by eh partly. Does Vendor agree? Inlals of Authorized Represeniatve of Vendor (B) Temination for cause and for convenience by the prentes or subprantse includlog the manner by wich it will be ‘offected and the basis for settiemant (All contracts in axcess of $10,004) Pursuant to Federal Rule (B) above, when HISD expends federal funds, HISD reserves the right to immediately terminate ‘any agrearen in axes af $10,000 reuling ram ths procurement proces inthe event ofa brsach or default of tha ‘agreement by Vendor in the event Vendor fais to: (1) meet schedules, deadlines, andlor delivery dates within te time speciied hi the procurement sofélaion, convac, andor a purchase ord, (2) make any payments owed: oF (3) otherwise perform in eccardance wih the contract andlor the procurement sofitaton, HISD also reserves the ight 10 terminate the contract Inunediately, wih weitten notice to vendor, for convenience, if HISD believes, in Its sole discretion ‘that itis in the best Interest of HISD to do s0, Vendor will be compensated for work performed end accepted and goods ‘ocepted by HISD as of the fermination date I the contract is ferminaled for conventence of HISD, Any award under this procurement procoss is ot excuse and HISD roarves tho oho purchase goods and seroes trom other vandors when itls in HISD's best interest, Does Vendor agree? YES, Inials of Authorized Representative of Vendor {C} Equal Employmont Oppartunty. Except a8 othonviae provided under 41 CFR Part 60, all contracts that meet tho definition of *fedarally asieted construction contract” tn 44 CFR Part 604.3 must incude the equal opportunity clause provided uncier 41 CFR 60-44(b), in accordance with Executive Order 11248, “Equal Employment Oppertunty" (30 FR 42919, 12985, 8 CFR Part, 1964-1968 Comp. p. 399), a amonded by Executive Order 11375, “Amendlng Executive Order 44248 Rolfing to Equal Employment Opportunity," and Implementing regulations et 41 CFR part 60, “Otfice of Federal Contract Compilance Programs, Equal Employment Opportanlty, Department of Labor.” Pursvant to Federal Rule (C} above, when HISD expends federal funds on any fedralyasised consructon contact, (he equal opportunity claus ts noorported by referonce he ‘Does Vendor age to abd bythe above? YES Inills of Authorized Reprasantaive of Vendor (©) Davis-Bacon Act, as amended (40 U.S.C, 3141-3148). When required by Federal program legsietan, all prime Conetrctlon contracts n axcoas of $2,000 swarded by non-Fderal ones must elude a provslon for compllance with the Davis-Bacon Act (49 U.S.C. 141-3144, and 3148-5148 a supplemented by Department of Labor regulations (29 CFR Part 5 “Labor Standards Provisions Appleable to Contracts Covering Federally Financed and Atslted Construction") In sccotdance withthe statute, contractore must be ragured to pay wagos to lahorere and mechanics at a rato net ls than the provaliing wages specified in a wage determination made by the Socretary of Labor. In addition, contractors must be required to pay wages net le then once a week, The non-Federal entty must place a copy of the current prevailing Wago detortnination Iesued by the Department of Labor in exch solicitation, The decision to award a contract ‘or subcontract muat be conditioned upon the acceptance ofthe wage determination, The nos-Federal entity must report all suspected or reported violations to the Federal awarding agency, The contracts rust also Include a provision for ‘compliance with the Copeland “Antl-Kickback" Act (40 U.S.C, 3145), as eupplomanted by Department af Labor regulations (2aGFRPart3, "Gontractore and Subcontractors on Public Bullding or Public Work Financed In Whole or n Pst by Loans (or Grants from the United States"). The Act provides that each contractor or subrecipiont must be prohibited from Inducing, by any means, any person omployed in the construction, completion, or repalr af public work, to giva.up any Patt ofthe compensation to which he or she is otherwise ented. The rion-Fedoral entity must report all suspected or ‘reported violations tothe Foderal swarding agency. Pursuant to Faderal Rute (OY above, whan FISD expats federal funds during the ferm of an award for ofl contrats and ‘ubgrants fox constuction of rept, Vndar wil a DavieBacon Act provisions, Does Vendor agreo? Inils of Authorized Represeniatve of Vendor (6) Contract Work Hours and Safety Standards Act (40 U.S.C, 3701-3708). Where applcab, al contracts awarded by the ‘non Foderal entity in excess of $100,000 that involve the employment of mechanics of borers must Incude @ provision for conpllance with 40U.8.. 3702 and 3704, as supplameanted by Depertment of Labor regulations (29 CFR Pat). Under 40 U.S.C. 3702 of tho Act, each contrector must be requlred to compute the wages of every mecHenic and laborer on the ‘si ofa standard wotk weak of 40 houre, Work In excess ofthe standard work week ts permissible provid thatthe workrls compensated ata rato of not less then one and aha tines th beelc rate of pay forall hurs worked in oxcess ‘of 40 hours in the work week. The requiretents of 40 U8.C, 3706 are applleable to construction work and provide that 1 laborer or mechanle must be required to work In surreundings or under working conditions whlch are unaanitary, ‘hazardous or dangerous. These requlrenents do nl apply fo the purchases of supples or materials o articles oninaily ‘avaliable on the open mavke, oF contracts fer transportation or transmission of intligance, Pursuantin Federal Rul (E) above, when HISD expends federal funds, Vendor caffe thet Vendor wis in campiance with al appliceble prouslons ofthe Contract Work Hours ang Safely Standards Act during the term of an ear forall ‘Does Vendor agree? Init of Authorized Representative of Vendor (F) Rights fo Inventions Maio Undar « Contractor Agreement, i the Federal award mects tho definition of “funding ‘agreemant" under 37 CFR §40t.2(e) anc the reciplnl or subrecipfont wishes to enter into a contract with asmallbusiness {iim o¢ nonprofit organization regarding the subathution of partes, assignment or performance of experimental, ‘dovelopmental, or research work under thet “funding agreement,” the recipient or subrecipient must comply wit the requiremants of 37 CFR Part 40, "Rights to Inventions Male by Nonprofit Organizations and SmallBushhese Fis Under ‘Goverment Grants, Contracts and Cooperative Agreements,” and any Implementing regulations lesued by the awarding agency, Pureuant to Federal Rule (F) above, when federal funds are expended by HISD, Vendor certes that ring the tom of ‘en award for ll contracts by HISD reuling fram tis procurement process, Vendor agrees to comply with al applicable requirements as refserced in Federal Rule (F) above, ‘Does Vendor agree? vec of Authorized Representative of Vendor (6) Clean Air Act (42 U.S.C, 7401-7671q,) and the Federal Wetar Potution Control Act (23 U.S.C. 1251-4387), aa amanded— Contracts und subgrants of amounts in excass of $150,000 must contain a provision that requires the non-Faderal award ‘to agree fo comply with all applicable standards, ordere or rogulations jssued pursuant to the Glean Alt Act (42 U.8.C. 1404-767 q) and the Federal Water Poliation Control Actas amenvied (33 U.8.C, 1254. 1387). Violatfona must be reported to tha Federal awarding agency and the Reglonal Office of the Environmental Protection Agency (EPA). Pursuant lo Federal Ride (@) above, when federal funds are expended by HISD, Vendor cefes that dung the term of ‘an awed for al contracts by HISD resulting from tis procese, Vendor agrees to comply wit all applosble requirements as referenced in Federel Rule (8) above. ‘Does Vandar agree? Intts of Authorized Representative of Vendor (H) Dobarment andl Suepenston Exacutive Orders 12549 and 12689}—-A contract nward (see 2 CFR 180.220) mutt not be made to paris listed on the government wide exclusions inthe System for Award Menagoment (SAN), Ia aocordance. ‘withthe OMB gukielines af 2CFR 180 that Imploment Executive Ordore 12549 ( CFR part 1988 Comp, p. 189} 2nd 12650, (@ CFR part 1989 Comp, p. 235, ‘Deharmeont and Suspension.” SAM Exclusions contains the names of partes deberred, sapended, oF athorwise excluded by agenclee, ac Woll as parties daclared (neliglbla under statutory or regulatory ‘author other than Executive Ordor 12549, Pursuant to Federal Rul (H) above, when federal funds are expended by HISD, Vendor certifies that during the tera of ‘an award forall contracts by HISD resung from this procurement prooaes, Vendor cers that neither it nor ts Jrinipals is presently debared, suspinded, proposed for daberment, decared ineligible, of voluntary excluded from Paricipation by any fedorl department or agency. ‘Does Venda agree? wf Ins of Authorized Representative of Vendor {1) Byrd Anti-Lobbying Amendment (24 U.S.C. 1952} Contractors that apply or bd for an award exceeding $100,000 must file the required certcatlon, Each ter certifies to the ter above thet I will not and has not used Federal epproprtated funds to pay any person or organization for lfiuencing or eempling to influence an eficer or emphiyee of any agency, ‘4 mamber of Cangrass,afficer or employee of Congress, oF an emplayoe of a member of Congress In connection with oblaining any Federal contact, grant or any olher award covered by 34 U.S.C, 1362. Each tier must also dlsclone any Tobbying with non-Federal funds that takes place in connection wth cbtaining any Fedora! award. Such disclosures ao ‘forwarded from tert ter up fo the non Federal award. Pursuant to Federal Rul () above, when fedarl funds are expended by HISO, Vendor carts tet during the tom and ater the eared term ofa award forall contracts by HISD resulta from hs procurement proves, tho vendor cafes ‘hat tis in compance wth al aplcable provisions ofthe Byrd Ant-Lobbyiag Amendment (31 U.S.C, 1352} The Underigned further cartes tat: (1) No Federal sppreplted fund have bach paid owl bs pa for on baal of tne undersigned, to any person for Inuencng o atempfing fo Intec an ofcer or empoyea of any ageney, a Mambar of Congress, an coffee or employee of congress, or an employee of Member of Congres in connoctn withthe awarding of «a Federal conract, the making ofa Federal grant, the making of a Federel loan, th entering int a cooperaive ‘agreement, and te extanelon, continuation, renewal emendmen, or modifcaion of a Federal contre, ran, loan, or cooperave agreement. (2) any funds oer than Federal appropriated funds hava been por wil be pd to any poreon for infuencing ‘orattamptng lolftence a office or enployee of eny agency, a Member of Congress, an ofcer or employee ‘of pongress ot employes ofa Member of Congress fn connection wih this Fadardl grant o cooperative cegreement, tha undersigned eal complats and submit Standard Form-LLL,“Discosure Fom fo Report Lobbying’ in accordence with Rs atctons, (8) The undersigned shel requl thet he language of is craton bs Included nthe award dacamans forall covered sub-ansrde exceeding $100,000 In Feder unds at al appropiate ders and tha all ures shall cetly and disclose accordingly. ‘Does Vendor agree? YE: Inials of Authorized Reprosentabve of Vendor [RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS \Whan federal funds are expended by HISD for any contract resultng tom tis procurement precess, Vendor cortis that it wi ‘comply wh tho rcord relention requerens dell in 2 CFR § 200.383. Vendor further certfies that itl retain al records as requited by 2 CFR g 200.382 fora period of tes years aftr grantese cr subgrantoos submit fel expense reports or quately ‘or annual mance rapa, as applabl, and al her pending mate grcosed, Does Vendor agree? YES Ini of Authorized Rapresontatve of Vendor ‘GERTIFIGATION OF COMPLIANCE WITH THE ENERGY POLIGY AND CONSERVATION ACT ‘When HISD expends federl funds for any contact reeling fom this procurement process, Vendor certs thal it wl comply ‘wit the mendatorystendards and poles relating fo energy efclecy whic are contained in the stale energy conservation pan sewed in compltanoe wit he Energy Poy and Conservation Act (42U.8.C. 6924 et sem; 49 CFR. Part 16), Does Vendor ogee? LAS pa sotes none sss (CERTIFICATION OF EQUAL EM ‘STATEMENT {Us ta pokcy of HISD ro to dlerminate on the basis of rece, cok, national oxgn, gander, Iliad English praidancy oF ‘handicapping coretons in is progams, Vendor agrees note dscns agast any emeloyee or appcanl fr employment to ’be employed inthe performance ofthis Contact, wth respec ta hie, tenure, terms, conditions en prtvleges of emmploymont, of amelie rect orindtacty rolled to employment, bacauts of age (expt where based on abona fe occupations! quacon), sex (exept where based on a bona fide occupational qualficadon) o ce, cok, religion, national og, or anosety. Vendor further agrees thet every subconirct entered ilo forthe pefomance ofthis Cotract shal consi a provision requking non= tdecrininafon i employant heteln pede, tinting ypon each euboonracks. Breach of tis covenant may ba regarded as a ‘material breach of tha Contract ‘Does Vendor agree? ve GPa totem se CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS ISD has» preference for domes end produto vps eequed for Ue ie Unita las when apondng fda funds {purchases that ara mada witr non faderal fds or gran are excluded from the Buy America Act). Vendoc cates tat i x ‘complance wt all applicable provlons ofthe Buy Ameren Ack Does Verda agree? (nile of Auhoried Represantatva of Vendor ‘GERTIFICATION OF ACCESS 10 REGOROS— 2G F.R.§ 200596 ‘Vendor agroea thatthe Disa’ Ingpector General oc any of tsi duly autcized ropresenttives shall hows aposss to ay books, dcaiteni, oper end record of Vendor that are cect parent o Vendor’ dlscharge of is obligatons under the Contract for the purpose of making aucts, examinations, axcars, and Neneciptons The ight also Incdes tmely and reasonable ance6s to ‘Vero’ personnal for fhe purpose of interview and dacussion reat fo Auch documents. Does Vendor agree? YES AA) iets of Authorized Representative af Vandor CERTIFICATION OF APPLICABILITY TO UBCONTRACTRS: ‘Verdot agrees thal el conlrets Ht awards pursuan tothe Contact shsllerypund bythe foragcig terms and condions, Doss Vendor ogres? YES Inils of Authorized Reptesentsive of Vendor ‘VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, REGULATIONS, ANDORDINANCES. 718 FURTHER ACKNOWLEDGED THAT VENDOR CERTIFIES COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED ABOVE, Vendes's Name: Adress, Cy, Site, and Zp Code: q 7708 Phone Number (71997753600 Fantomas isn 77a agg Printed Neme and Title of Authorized Representatvo: ia Lo de $< EXHIBIT F CERTIFICATE OF INTERESTED PARTIES Form 1295 rota ‘OFFICE USE ONLY CERTIFICATION OF FILING. contitieate Number: }2017-192508 ‘Complete Nos. 14 and 6 there ae intrested panies ‘Complete Nos. J, 2, 3.5, ond 6if tere are no interested pats ‘Name of business entity fing form, and ihe ely, sate and country ofthe business ends place of business, Energized for STEM Academy, Inc. Housion, TX United States Tae af GaVarRMATaanUy OF CatH AGUNEY THAT TE a pay To tho CONTaCt Tor HIER Te ToT TS belng fled. Houston Independent Schoo! Disrict ate Filed: loaiar2017 ate Acknowledged: Provide the Ideniicstion number used by ihe governmental ani o sate agency to Wack or laenlly the contact {description ofthe services, goods, or other property tobe provided under the catract. azi64 Eiducational Services ‘ature of ntreat E Namo of Interested Party City, State, Country (piace of business) {check applicable) Conivoting_[ intermediary Bullock. Emma Lois Ho, Tx United States x check ony iia a NO seated Pay ani og SAFRAN swear. offer, under penal of perjury, sal he above disclosure is tue end covet. 2, Danese “ny, 05, ‘s avexworany feerh Qala ve seppptnmctatnnam noone Eon be Briton LMM a May Jatwe of auorized agent of contracting business ony \ ALG : Velen sys foe __bosary buble Forms provided by Taxas Ethics Commission Wonw pinvos Save DEAS Varian Vio Bas EXHIBIT G CONFLICT OF INTEREST QUESTIONNAIRE Form C1Q For vendor doing business with local governmantal tity L] Dibetinenit eee loge pn vin a ian meer ata nnd Sectrtqastrarn vn be oreion rg ast ntl fant 7 syste on Sou bac mr ute era fd quer wes roy cz) [aT fae lice povernmnes olan sorte termatn owing acon aes oo [al Crmedonesh sxeloynants oder boncnusrisdanalip ai ta Wal pomamnan os os roy mwaiar oe] ican es dneTnd oy ron TEREAUHAS Aline desc ny tty ebdnachip wit red gover ene Sepik gee hermetic eh era am la cl gored ot rey aber tbe ecto Bao ene nab nce, et te teh, em veer? O- Oe 13 pe rd carat ay nat able rer chan nsinat nee, om ae eco, SS ny Sees Sacra ate rome et ea ome [Gears pochmptaynart or kachave minis thetbe remix nrnedin Secon {anion wth nowrperton ot ‘Aber beucvas ea nat eget which to foal peers Eon mara an oc ey dct, hee at ‘Sevorlp erat ol oe pares orm. i ‘Check is bot evden pronto gover ste 3 hay manta one er mene oars a spe aaa cere eal ded Page | Form Aprit 21, 2016

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