MEMORANDUM OF UNDERSTANDINGBETWEEN CENTRAL CONSOLIDATED SCHOOL DISTRICT NO. 22 AND CAPACITY BUILDERS, INC.

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1 MEMORANDUM OF UNDERSTANDINGBETWEEN CENTRAL CONSOLIDATED SCHOOL DISTRICT NO. 22 AND CAPACITY BUILDERS, INC. This is a Memorandum of Understanding executed by Central Consolidated School District No. 22 and Capacity Builders, Inc. This Memorandum of Understanding ( MOU ) is made and entered into between Central Consolidated School District No. 22 ( CCSD ), and Capacity Builders, Inc., ( CBI ), 418 West Broadway, Farmington, New Mexico WHEREAS, CCSD is a local school district existing under the laws of the State of New Mexico and CBI is a 501(c)(3) not-for-profit organization formed under New Mexico and United States laws. NOW THEREFORE, the parties have agreed to execute this MOU in furtherance of implementing the Nation Youth Builders Project ( NYB ), providing youth exposure to the positive youth development curriculum known as the Teen Outreach Program ( TOP ), developed by The Wyman Center, and health services referrals to youth attending CCSD. I. Background: A. The purpose of CCSD is to provide youth a learning environment, encouraging academic success and enriching life skills. CCSD is committed to enhancing character traits of youth such as integrity, self-discipline, loyalty and respect to successfully participate in society. B. CBI is a 5 year-old nonprofit organization located in Farmington, New Mexico whose mission is to help eradicate risk factors, generate positive change and opportunity for future generations of Navajo youth. CBI has history in organizing and running teen prevention and youth development initiatives. CBI has delivered several alcohol, tobacco, and other drug (ATOD) and teen sexual health programs to local youth in the San Juan County area (100% were low income, 73% were Native American) including Second Steps and All Stars. C. The purpose of the NYB project is to reduce the rate of teen pregnancy, the rate of class failure, the rate of school drop-out, and the likelihood that youth will engage in behaviors proven to lead to these outcomes by 25%. Wyman TOP is a national program for teens whose effectiveness has been proven in 30 years of operation. Wyman TOP is currently being administered in over 400 organizations and schools in the United States, Virgin Islands and United Kingdom. Based upon the principles of youth development, and the socio-emotional well being and mental health of teens, Wyman TOP is an approach that provides teens with the necessary support and opportunities to prepare for successful adulthood and avoid problem behavior. Wyman TOP has proven effective in increasing academic success and preventing teen pregnancy and other negative behaviors among program participants. Page 1 of 6

2 Teens that complete Wyman TOP experience: a. Evidence based: i. 52% lower risk of school suspension ii. 60% lower risk of course failure iii. 53% lower risk of pregnancy b. Observed: i. 60% lower risk of school dropout The vision of NYB is to combat the adversities that prevent Navajo youth from succeeding in school and life. Over the next three years, the goal of NYB is to reach 648 Navajo youth per year while implementing Wyman TOP curriculum Changing Scenes with the same youth for minimum of a 9 month dosage. Participating youth will learn about relationships, communication, leadership, sexual health, body image, and refusal skills in addition to engaging in community -based service learning, and recreational activities. II. Concept: This MOU will form a cooperative partnership between CCSD and CBI in the provision of the NYB Project. The MOU serves to: assist area schools in their efforts to meet Adequate Yearly Progress as defined by the US Department of Education; provide positive youth development services to area youth; and to reduce the negative outcomes that affect Navajo youth at both personal and community levels. CBI will offer the Nation Youth Builders (NYB) Physical Education Program to the following 6 schools: Shiprock High Shiprock Middle Newcomb High Newcomb Middle Career Prep Naschitti Elementary NYB will provide a number of programs, professional development opportunities, incentives, and high dollar physical education equipment items to the schools. These include NUTRITION & FITNESS LEADERSHIP TEAM One liaison from each school and two district administrators who represent physical education and/or nutrition will be eligible to receive an annual $1,875 stipend for participation in monthly one hour meetings. At the meetings, they will o Use the PECAT assessment tool to identify gaps and weaknesses in current PE and health/nutrition curriculum and environment. o Use the PECAT and other resources to make recommendations for additional learning opportunities, resources, and equipment. o In May 2015, each participating school will be given $15,000 (each) to make equipment and curriculum purchases based on the recommendations of this team and other decision makers. Purchase items will need to be pre-approved by CBI but can most likely include climbing walls, mats, medicine balls, strength training machines, etc. Equipment cannot be targeted only for sports programs. Page 2 of 6

3 YOUTH HEALTH One nutrition expert and one physical education expert can be booked (free of cost) to conduct special recreation and fitness exercises with students and families as available. These could include yoga, pilates, cross fit, and cooking classes. $1,000 will be given to each of the 6 schools each year (for 3 years) to carry out a field trip for students that involve physical activity (i.e., ropes course, hiking Mesa Verde, skiing, swimming, etc.). EQUIPMENT Pedometers for every PE class Heart rate monitors for every PE class $21,490 budget per school to purchase the state-of-the-art HOPsports exercise system PARENT INVOLVEMENT CBI will host a quarterly family nutrition night in Newcomb (in a large gym space) and in Shiprock (most likely Dine College gym). There will be drawings where families can win exercise gear and equipment as well as eat lots of nutritious foods and enjoy fun games all tying to making healthy nutrition choices and staying physically active. Kits for families to use to grow their own fruits and veggies will also be provided. A monthly nutrition newsletter will be created and sent home to parents. With healthy recipes, games, puzzles, and articles on family exercise strategies and cooking, this will be an excellent resource for the community. Emphasis will be placed on educating families on how to prepare Native/traditional foods using less fat and unhealthy ingredients. TRAINING & RESOURCES FOR TEACHERS $10,725 has been budgeted per year for CCSD PE teachers to attend such national and regional PD conferences as the OSDFS National Conference, AAPHERD Conference, and the National PE Institute. CBI would like CCSD appointed personnel to decide who should attend what conference. CBI will host a planning meeting to discuss who should go to what if desired. Training General Teachers: three workshops a year can be paid for by the grant for teacher PD. They can include topics of how to bring exercise and wellness techniques into the classroom and the district/leadership team can make recommendations of presenters. These can be scheduled during CCSD in-service days or another time based on the discretion of the district. The trainings can range anywhere from a few hours to a full day. One workshop will be dedicated for PE and other designated teachers on use of the HOPSports system and technology as paid for by the grant. A total of $6,200 will be divided and given to the schools to purchase resources from Active and Healthy Schools. These can be exercise balls (that take place of chairs) at students desks, activity card sets that teachers can use for brain brakes, posters with nutrition information and suggestions, etc. Teachers will be able to make requests and purchases will be made with appropriate school/district admin approval. $5,400 is available for food service/nutrition staff to attend trainings on best practices of school meal preparation and how to make campuses more healthy overall (this money is inclusive of travel and Page 3 of 6

4 any PD fees). There are many options these staff can pick from including a culinary boot camp and the Team Challenge USDA healthier schools national trainings. We would like to have appointed personnel from CCSD to decide how these training dollars can best be spent. ASSESSMENT Several teachers and the PE teacher from each school will be asked to complete a small survey on their use of physical activities in the classroom and if their use of recommended activities has changed due to participation in the program. We would also like their help in surveying PE students on each school site to monitor physical activity levels and nutrition decisions. Each school will receive a $1,000 stipend for its participation. Surveys will occur at the beginning and end of each school year and will take only a few minutes to compete. Other data may be needed from the schools, such as President Physical Fitness Test results and other information but we will work closely with our point of contacts to try and gather these data in the easiest way possible in a secured fashion. III. Responsibilities A. CCSD will: 1. Facilitate meetings attended by representative CCSD Faculty and Staff and CBI staff to discuss implementation policy and procedure. 2. Provide guidance and approval of procedures as developed. 3. Attend planning meetings and training events, as needed. 4. Provide suitable space and staff to accommodate the program Concept. 5. Provide space for CBI staff to work in at CCSD. 6. Communicate with CBI staff on dates of operation, and provide comments, insights, impressions and understanding regarding the delivery of the program to allow for improvement if needed. B. CBI will: 1. Provide funding for all deliverables described above. 2. Maintain an aggregate general liability policy with limits set at $1,000, Receive comments, insights, impressions and understandings communicated by CCSD for the purposes of improving program delivery where needed. 4. Communicate with CCSD Staff regarding program delivery calendars, and provide information regarding the outcomes of NYB project delivery. 5. Agrees to hold harmless and indemnify CCSD against any and all losses, costs, damages, claims, expenses or other liability whatsoever, rising out of or connected with C.B.I. s work or services under this agreement including, but not limited to any accident or injury to person or property. Page 4 of 6

5 C. Both CBI and CCSD shall: 1. Ensure all activities are conducted in compliance with all applicable federal and Navajo Nation laws, rules and regulations. IV. Limitations: Provision of services is based on availability of funds. V. Contacts: All notices shall be given by personal delivery, by registered or certified mail, postage prepaid, or by facsimile transmission followed by surface mail. Notices shall be effective and shall be deemed delivered when dispatched. All notices, demands, requests or other communications to or upon any party provided for in this Agreement or given or made in connection with this Agreement, shall be in writing and shall be addressed as follows: The parties have designated the following contacts regarding this Agreement: For CBI: Deborah Montgomery Program Director Capacity Builders, Inc. 418 West Broadway, Suite C Farmington, New Mexico (505) office (505) telefax d.montgomery@grantwriters.net For CCSD: Lucinda Charleston Health and Wellness Supervisor Central Consolidated School District P.O. Box 1199 Shiprock, NM office cell telefax charc@centralschools.org VI. VII. VIII. Disputes: Both parties agree to participate promptly and in good faith in non-binding mediation or other mutually acceptable alternative dispute resolution means in the event of a dispute arising under this agreement. Termination: Either party may terminate this Agreement, in writing or by failure of either party to abide by the terms of this Agreement. The written notice shall be at least 30 days to the other Party. Review: This Agreement shall be reviewed annually to determine if any amendments need to be made. Page 5 of 6

6 IX. Assignments: Neither party shall assign this Agreement nor any of its rights hereunder to any other person or entity without the prior, express written consent from the other party. The rights and obligations under this Agreement will inure to the benefit of and be binding on authorized successors and assigns of each party. X. Sovereign Immunity: The Agreement will be interpreted pursuant to Navajo Nation Laws and the laws of the State of New Mexico. Nothing in this agreement shall constitute or be construed as a waiver of the Sovereign Immunity of the Navajo Nation. XI. XII. XIII. XIV. Severability: Nothing contained in this Agreement shall be construed as requiring the commission of any acts contrary to law, whenever there is any conflict between any provisions of this Agreement and any present or future applicable statute, law, ordinance, or regulation contrary to which the Parties have no legal right to contract, the latter shall prevail, but, in such event the provision of this agreement thus affected shall be curtailed and limited only the extent necessary to bring it within the requirements of the law. In the event that any part, article, paragraph, or clause of this agreement shall not fall on account thereof, the balance of this agreement shall continue in full force and effect. If any court of competent jurisdiction deems any provision hereof unreasonable, such court may declare reasonable modification hereof, and this agreement shall be valid and enforceable, and the parties hereto agree to be bound by and perform the same, as thus modified. Complete Agreement: This agreement contains all of the terms and conditions agreed upon by both parties here to with reference to the subject matter hereto. No other agreements, oral or otherwise, shall be deemed to exist or to bind either of the parties hereto, and all prior agreements and understandings are superseded hereby. Amendments: This agreement cannot be modified or changed except by written instrument signed by both parties hereto. Term of Agreement: This Agreement shall take effect upon receipt of signatures of the parties and will continue in force until is amended or terminated in writing by mutual agreement. This Agreement may only be extended in writing and signed by all parties. IN WITNESS THEREOF, the parties have executed this agreement as follows: For Central Consolidated School District No. 22: Don Levinski, Superintendent Date For Capacity Builders, Inc. Deborah Montgomery, Project Manager Date Page 6 of 6

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