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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2021-07-161 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT ELEMENTARY SUMMER CAMP PROGRAM This Memorandum of Understanding (“MOU”), is made by and between the Ukiah Unified School District, a public local educational agency (“LEA”), hereinafter referred to as “District,” and the City of Ukiah (“City”), a public entity. RECITALS: 1.The District and the City have a long-standing joint use agreement (“2014 Joint Use Agreement”), which benefits the community as a whole by providing for the joint use of gymnasiums, multi-purpose rooms, classrooms, outdoor athletic courts and playing fields, playgrounds and other indoor and outdoor meeting spaces and facilities in order to reduce capital and operational costs to both governmental jurisdictions and provide recreational areas. (Attachment A.) 2.In response to the COVID-19 pandemic’s deleterious effects on school age youth in the form of lost instruction and needed supports for social and emotional well-being, among other needs, federal and state agencies have provided one-time funding to LEAs, including the District, to address learning recovery by providing programs to expand instructional learning, provide summer school or other activities in accord with the respective funding rules. 3.The District will receive a grant from the California Department of Education for Expanded Learning Opportunities in accord with Education Code section 45320 et seq. 4.The District and City intend to collaborate in the District’s Elementary Summer Camp (“Camp”) program to provide Expanded Learning Opportunities to student participants (“Participants”), which includes a morning session of class work at students’ assigned elementary school site overseen by the District, and recreation time provided to Participants by the City in the afternoon, called the “Safari” program. Recreational activities may be provided at either the Participants’ assigned school site or Ukiah High School (“High School”), including at the High School Pool (“Pool”). AGREEMENT: 1.Description of Program. Starting at 8:00 a.m., the District will provide in-school instruction and classes Monday-Friday (excepting holidays) to students (“Participants”) at one of three schools: Frank Zeek Elementary, Grace Hudson Elementary, and Nokomis Elementary. The morning, District-run program will include summer camp with a teacher and paraprofessional to engage in fun learning activities that address academics, including reading, writing, math, and science. At noon, for those Participants who also signed up for the Safari (afternoon) program, the City will assume supervision of Participants and provide them with a fun recreation-based program. The District will provide a lunch to all students in the afternoon Safari program who would like school- provided nutrition, and the City will supervise Participants during lunch and during all other afternoon recreational programming. A minimum of one day a week, Participants COU No. 2021-225 2 will be transported to the High School to engage in recreational activities and mealtime. Participants at the High school with written permission from a Parent/Guardian may engage in Pool activities. 2. Facilities Use. The City has provided Facilities Use Agreements (Attachment B) permitting it to run the Safari program at the High School, specifically supervision and oversight of all pool-related activities, and in which District students may participate as part of the Camp. 3. Term. The term of this Agreement shall commence on June 9, 2021 through July 21, 2021. 4. District Obligations/Fees. In exchange for allowing Camp students to attend the City’s Safari program in the afternoon, and for providing all supervision and oversight of students at all times between noon and 5:30 p.m., or until the last student has been picked up, the District shall pay the City $35,000 per week per site within 30 days of receipt of an invoice from the City, to be invoiced by the City no later than August 15, 2021. The District shall provide transportation, as it is available to students, to and from the High School. 5. City Obligations. The City will provide supervision and oversight of all Participants between the hours of noon to 5:30 p.m. City shall exercise due diligence to ensure the safety of the Safari program Participants, including, but not limited to, providing at least the minimum number of certified and trained lifeguards required for the number of students engaged in any and all pool activities. City agrees all students enrolled in the Safari program as of June 16, 2021 shall be permitted to attend. As of June 16, 2021, the City shall enroll no more students in the Safari program. The District has no supervisory or oversight obligations over Participants from noon to 5:30 p.m. each day, unless and until Participants board District-provided transportation. Under no circumstances shall the City be responsible for transportation of participants in the program. 6. Assignment and Sublease. City shall not assign their interest in this MOU. 7. Conflict in Agreements. The 2014 Joint Use Agreement and the Facilities Use Agreements are incorporated into this MOU by reference. Where conflicts exist, the terms of this MOU prevail over all other agreements, and the Facilities Use Agreement shall prevail over the 2014 Joint Use Agreement where conflicts exist between the two. 8. Termination. Failure to comply with any provision of this MOU within a period of ten (10) days following receipt of a written notice of noncompliance from either party shall constitute a material breach of the Agreement and furnish grounds for termination of this Agreement. 9. Inspection and Maintenance. District and its authorized representatives shall have the right, at any reasonable time during the term of this MOU, to enter upon the High School and the pool to inspect the property and maintain the grounds as needed. 3 10. Attorneys’ Fees. In any legal action to enforce any of the terms of this Agreement, each party shall bear its own attorney’s fees and costs, and neither party shall be liable for any such fees and costs incurred by the other party. 11. Time of Essence. Time is of the essence in the interpretation and application of this Agreement. 12. General Provisions. A. Independent Contractor. City shall be acting as an independent contractor and shall have control of the High School Pool and surrounding premises in accord with the Facilities Use Agreement. Neither party is to be considered an agent or employee of other, nor are employees of one agency entitled to participate in any pension plan, insurance, bonus, or similar benefits the party provides to its employees. B. No Discrimination. Neither the District nor the City, nor their respective employees, shall discriminate on the basis of race, religion, color, ancestry, sex, disability, national origin, or any other prohibited grounds against any person seeking employment or services from the Camp. C. Notices. Except as otherwise expressly provided herein, any written notice required by this Agreement shall be deemed given and received when personally served or 48 hours after being placed in the United States mail, with proper first- class postage prepaid, and addressed as follows: For District: Attention: Steve Barekman, Chief Business Officer, Ukiah Unified School District, 511 S. Orchard Ave, Ukiah, CA 95482 For City: Attention Sage Sangiacomo, City of Ukiah, City Manager, City of Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482. Any party hereto may give notice of an address change under the provisions of this paragraph and thereafter all notices shall be given to that address. D. Paragraph Headings. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Agreement. E. Duplicate Originals. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Agreement. 4 This Agreement is effective upon the date that both parties have executed this Agreement. City of Ukiah Ukiah Unified School District ______________________________ ______________________________ Sage Sangiacomo, City Manager Steve Barekman, Chief Business Officer Date: _________________________ Date: _________________________ Jul 16, 2021 5 EXHIBIT A 6 EXHIBIT B Ukiah Unified School District - Elementary Summer Camp MOU 2021-225 Final Audit Report 2021-07-16 Created:2021-07-13 By:Kristine Lawler (klawler@cityofukiah.com) Status:Signed Transaction ID:CBJCHBCAABAANNdsMz7FtXSN0UqHIqRiv5lgfOGjcrfO "Ukiah Unified School District - Elementary Summer Camp MOU 2021-225" History Document created by Kristine Lawler (klawler@cityofukiah.com) 2021-07-13 - 3:46:19 PM GMT- IP address: 12.12.163.2 Document emailed to Sage Sangiacomo (ssangiacomo@cityofukiah.com) for signature 2021-07-13 - 3:46:52 PM GMT Document e-signed by Sage Sangiacomo (ssangiacomo@cityofukiah.com) Signature Date: 2021-07-16 - 5:20:39 PM GMT - Time Source: server- IP address: 12.12.163.2 Agreement completed. 2021-07-16 - 5:20:39 PM GMT