HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2021-08-091
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT
AFTER SCHOOL EDUCATION & SAFETY PROGRAM STAFFING
This Memorandum of Understanding (“MOU” or “Agreement”), 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. 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 after school programs, or conduct other activities in accord
with the respective funding rules.
2. 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.
As a condition of that grant, the District must offer at least nine hours of combined
instruction and in-person before or afterschool learning opportunities each school day and
for at least 30 non-schooldays during intersession periods. The District must offer these
expanded learning programs to all unduplicated pupils and provide services to at least 50
percent of unduplicated pupils in grades 1-6 in the 2021-2022 school year.
3. The District and City intend to partner to provide Expanded Learning Opportunities to
student participants (“Participants”) in the District’s current After School Education &
Safety (“ASES”) Program at Frank Zeek Elementary, Nokomis Elementary, and Yokayo
Elementary (“Elementary Schools”).
AGREEMENT:
1.Description of Program. The ASES Programs at the Elementary Schools begin at the
end of each school sites’ school dismissal time and run until 6:00p.m. Monday through
Friday. Start times for the ASES Programs vary by site and by day based on the
Elementary Schools’ bell schedules, attached as Exhibit A. The purpose of the Expanded
Learning Opportunities Program is to extend teaching and learning beyond the school day
and beyond the classroom doors and walls. Students participate in a balance of individual
activities, small and large group activities, indoor and outdoor activities, and quiet as well
as active play.
2.Description of Partnership. Each ASES Program current serves approximately one
hundred (100) students, and will increase to serving approximately two hundred (200)
students during the 2021-2022 school year. In order to effectuate this increase, the City
agrees to provide City employees to staff the ASES Programs at the Elementary Schools.
Combined ASES and City staff will operate academic and recreational stations during the
afterschool programs’ hours.
COU No. 2122-107
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3. Term. The term of this Agreement shall be from August 19, 2021, to June 9, 2022.
4. District Obligations/Fees. In exchange for City staffing of ASES Programs at
Elementary Schools, the District will pay the City $8,500.00 per week, per site. The
weekly amount will be prorated to a daily rate of $1,700.00 per day for any partial weeks.
The maximum amount that could be paid to City under this Agreement is $1,530,000.00.
The District will provide a meal (“supper”) to all Participants.
5. City Obligations. The City will provide approximately six to eight staff per Elementary
School site to supervise Participants during academic support and/or recreation. District
and City staff will work together to determine final staffing needs at each Elementary
School site. City staff, while on the campuses of the Elementary Schools, will work with
and under the direction of District staff. City staff will be available to work from school
dismissal to 6:00p.m., unless released early by District staff.
6. Additional School Sites. The District would like to increase the student capacity in the
ASES Program at Calpella Elementary and Oak Manor Elementary, and will pay for City
staffing of those ASES Programs as per Paragraph 5 of this Agreement at the same rates
as per Paragraph 4 of this Agreement. In the event the City is able to hire and train
additional staff to staff one or both of these schools, the City should notify the District in
writing. The City and the District will then choose and agree to, in writing, a start date for
City staffing at Calpella Elementary and/or Oak Manor Elementary.
7. Fingerprinting. The District has determined that Education Code section 45125.1(d)
applies to City staff working in the ASES Programs under this Agreement. Section
45125.1 requires that employees of entities providing specific schoolsite services to
school districts must be fingerprinted by the California Department of Justice for a
criminal records check, unless the District determines that the entity and the entity’s
employees will have limited contact with pupils. In making this determination, the
District considered the totality of the circumstances, including factors such as the length
of time the City and the City’s employees will be on school grounds, whether pupils will
be in proximity with the site where the City’s employees will be working, and whether
the City’s employees will be alone or with others. The District further reserves the right
to determine, on a case-by-case basis, to require any entity providing school site services
to comply with the requirements of this paragraph. The City expressly acknowledges
that: (1) The City and all of the City’s employees working on the school site must submit
or have submitted fingerprints in a manner authorized by the Department of Justice,
together with the requisite fee as set forth in Education Code section 45125.1; (2) The
City shall not permit any employee to come in contact with students until the Department
of Justice has ascertained that the employee has not been convicted of a serious or violent
felony; (3) The City shall certify in writing to the Governing Board of the District that
none of its employees who may come in contacts with students have been convicted of a
serious or violent felony; and (4) The City shall provide to the Governing Board of the
District a list of names of its employees who may come in contact with students. The
City is required to fulfill these requirements at its own expense. The City must notify the
District within two (2) business days of a subsequent arrest notification from the DOJ of
any City employees who were working or had worked at an Elementary School pursuant
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to this Agreement. If the City receives notice from any entity that a minor employed by
the City and working in an ASES Program has been arrested for any reason, the City
must notify the District within two (2) business days of receipt of notice. If an employee
is disqualified from working at the District pursuant to the requirements of the California
Education Code, the City agrees to provide a replacement employee within fifteen (15)
days of receiving notification that the previous employee has been disqualified. All City
employees working at District Elementary Schools must be fingerprinted by September 1,
2021.
8. COVID-19 Provisions. Pursuant to the August 11, 2021, State of California Public
Health Order, vaccine verification is required for all workers in school. The City should
ensure that its employees staffing the ASES Programs are in compliance with the August
11, 2021, State of California Public Health Order. (Exhibit B) The City and City
employees are expected to follow all other relevant COVID-19 requirements and
guidelines from the California Department of Public Health (CDPH), the Division of
Occupational Safety and Health (Cal/OSHA), and the Mendocino County Public Health
Department.
9. Confidential Records and Data. Each Party shall not disclose confidential records
received from the other party, including student records pursuant to FERPA, 20 U.S.C. §
1232g, et seq., and California Education Code § 49060, et seq.
10. Payment. The City will invoice the District for services provided under this Agreement
every month. The District will pay the invoice within thirty (30) days of receipt of
properly submitted invoices.
11. Insurance. The insurance provisions in the Agreement for Joint Use of Facilities
between the District and the City, dated October 30, 2014, shall apply to this Agreement.
12. Indemnification. The City shall indemnify, defend with counsel acceptable to District,
and hold harmless to the full extent permitted by law, District and its Board of Trustees,
officers, agents, employees and volunteers from and against any and all liability, loss,
damage, claims, expenses and costs (including, without limitation, attorney fees and costs
and fees of litigation) (collectively, “Liability”) of every nature arising out of or in
connection with the City’s performance this Agreement or its failure to comply with any
of its obligations contained in these contract documents, except such Liability cause by
the active negligence, sole negligence or willful misconduct of the District. This
indemnification obligation is not limited in any way by any limitation on the amount or
type of damages or compensation payable to or for City or its agents under workers’
compensation acts, disability benefit acts, or other employee benefit acts. The City shall
be liable to District for any loss or damage to District property arising from or in
connection with the City’s performance hereunder.
13. Termination. Failure to comply with any provision of this Agreement 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.
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14. General Provisions.
A. Independent Contractor. City shall be acting as an independent contractor in
carrying out its duties under this 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. Non-Discrimination. Neither the District nor the City, nor their respective
employees, shall discriminate on the basis of race, religion, color, ancestry, sex,
gender identity, sexual orientation, disability, national origin, or any other
prohibited grounds against any person seeking employment or services.
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 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.
F. Applicable Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. If any action is instituted to
enforce or interpret this Agreement, venue shall only be in the appropriate state or
federal court having venue over matters arising in Mendocino County, California,
provided that nothing in this Agreement shall constitute a waiver of immunity to
suit by the District.
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G. 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.
H. Assignment. This Agreement is made by and between the District and the City,
and any attempted assignment by them, their successors, or assigns, shall be void
unless approved in writing by the Parties.
I. Amendments. The terms of this Agreement shall not be amended in any manner
except by written agreement signed by the Parties.
J. Approval/Ratification by Board of Education. This Agreement shall be subject to
approval/ratification by the District’s Board of Education.
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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: _________________________
Sep 17, 2021
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EXHIBIT A
August 11, 2021
TO:
SUBJECT:
TOMÁS J. ARAGÓN, M.D., Dr.P.H.
State Public Health O icer & Director GAVIN NEWSOM
Governor
State of California—Health and Human
Services Agency
California Department of
Public Health
All Californians
Vaccine Verification for Workers in Schools
Related Materials: Vaccine Verification for Workers in Schools - Q&A
State Public Health O icer Order of August 11, 2021
The COVID-19 pandemic remains a significant challenge in California. COVID-19 vaccines are e ective in reducing
infection, serious disease, hospitalization, and death. At present, 63% of Californians 12 years of age and older are
fully vaccinated with an additional 10% partially vaccinated. Children under the age of 12 are not currently eligible
for any authorized vaccines.
California is currently experiencing the fastest increase in COVID-19 cases during the entire pandemic with 22.7
new cases per 100,000 people per day, with case rates increasing tenfold since early June. The Delta variant, which
is two times more contagious than the original virus, is currently the most common variant causing new infections
in California.
Unvaccinated persons are more likely to get infected and spread the virus, which is transmitted through the air.
Most current hospitalizations and deaths are among unvaccinated adults. Almost all K-6th graders are
unvaccinated and will not be eligible for vaccines at the outset of the 2021-22 school year. Additionally, although
some 7-12th grade students will be fully vaccinated by the start of the school year, many will not. As of August 10,
2021, less than 41% of Californians 12 to 17 years old were fully vaccinated.
California is committed to safe, full, in-person learning for all in K-12 schools, following strong public health
science. For example, California has implemented a universal masking requirement in all K-12 schools, as well as
recommendations around testing strategies for K-12 schools, to support the successful return to full in-person
instruction at the outset of the school year, as well as minimizing missed school days.
Vaccination against COVID-19 is the most e ective means of preventing infection with the COVID-19 virus, and
subsequent transmission and outbreaks. Current CDPH K-12 guidance strongly recommends vaccination for all
eligible individuals, thereby reducing COVID-19 rates throughout the community, including in schools, and
creating a wrap-around safety layer for unvaccinated students. This Order, consistent with this recommendation,
Exhibit B
requires verification of vaccination status among eligible K-12 school workers, and establishes diagnostic
screening testing of unvaccinated workers to minimize the risk that they will transmit while on K-12 school
campuses, where a majority of students are not vaccinated and younger students are not yet eligible for vaccines.
Schools may use funds received from multiple sources to address costs associated with employee vaccination
verification and COVID-19 diagnostic screening testing, including Elementary and Secondary School Emergency
Relief Fund (ESSER) I, II, and III; Governor's Emergency Education Relief Fund (GEER) I and II; and In-Person
Instruction Grants (AB 86). Additionally, the California Department of Public Health provides access to subsidized
COVID-19 testing for schools through specified partners.
For these reasons, in order to prevent the further spread of COVID19 in K-12 schools, the following temporary and
limited public health measures are necessary at this time.
I, as State Public Health O icer of the State of California, order:
I. This Order applies to the following facilities: public and private schools serving students in transitional
kindergarten through grade 12, inclusive, except that it does not apply to home schools. Further, it does not apply
to child care or to higher education.
II. All schools identified in this Order must verify vaccine status of all workers.
A. Pursuant to the CDPH Guidance for Vaccine Records Guidelines & Standards, only the
following modes may be used as proof of vaccination:
1. COVID-19 Vaccination Record Card (issued by the Department of Health and Human
Services Centers for Disease Control & Prevention or WHO Yellow Card) which includes
name of person vaccinated, type of vaccine provided and date last dose administered);
OR
2. a photo of a Vaccination Record Card as a separate document; OR
3. a photo of the client's Vaccination Record Card stored on a phone or electronic
device; OR
4. documentation of COVID-19 vaccination from a health care provider; OR
5. digital record that includes a QR code that when scanned by a SMART Health Card
reader displays to the reader client name, date of birth, vaccine dates and vaccine
type; OR
6. documentation of vaccination from other contracted employers who follow these
vaccination records guidelines and standards.
In the absence of knowledge to the contrary, a school may accept the documentation
presented as valid.
B. Schools must have a plan in place for tracking verified worker vaccination status. Records
of vaccination verification must be made available, upon request, to the local health
jurisdiction for purposes of case investigation.
C. Workers who are not fully vaccinated, or for whom vaccine status is unknown or
documentation is not provided, must be considered unvaccinated.
III. Testing requirements:
A. Asymptomatic unvaccinated or incompletely vaccinated workers are required to
undergo diagnostic screening testing.
B. Workers may be tested with either antigen or molecular tests to satisfy this requirement,
but unvaccinated or incompletely vaccinated workers must be tested at least once
weekly with either PCR testing or antigen testing. Any PCR (molecular) or antigen test used
must either have Emergency Use Authorization by the U.S. Food and Drug Administration or
be operating per the Laboratory Developed Test requirements by the U.S. Centers for
Medicare and Medicaid Services.
C. Unvaccinated or incompletely vaccinated workers must also observe all other infection
control requirements, and are not exempted from the testing requirement even if they have
a medical contraindication to vaccination, since they are still potentially able to spread the
illness. Previous histor y of COVID-19 from which the individual recovered more than 90 days
earlier, or a previous positive antibody test for COVID-19, do not waive this requirement for
testing.
D. Schools with workers required to undergo workplace diagnostic screening testing should
have a plan in place for tracking test results and conducting workplace contact tracing, and
must report results to local public health departments. There are IT platforms available that
can facilitate these processes for schools.
IV. Definitions: For purposes of this Order, the following definitions apply:
A. "Fully Vaccinated" means individuals who are considered fully vaccinated for COVID-19:
two weeks or more a er they have received the second dose in a 2-dose series (Pfizer-
BioNTech or Moderna or vaccine authorized by the World Health Organization), or two weeks
or more a er they have received a single-dose vaccine (Johnson and Johnson
[J&J]/Janssen). COVID-19 vaccines that are currently authorized for emergency use:
1. By the US Food and Drug Administration (FDA) , are listed at the FDA COVID-19 Vaccines
webpage
2. By the World Health Organization (WHO), are listed at WHO COVID-19 Vaccines
webpage
B. "Incompletely vaccinated" means persons who have received at least one dose of COVID-
19 vaccine but do not meet the definition of fully vaccinated.
C. "Transitional Kindergarten" means the first year of a two-year kindergarten program that
uses a modified kindergarten curriculum that is age and developmentally appropriate.
D. "Unvaccinated" means persons who have not received any doses of COVID-19 vaccine or
whose status is unknown.
E. "WHO Yellow Card" refers to the original World Health Organization International
Certificate of Vaccination or Prophylaxis issued to the individual following administration of
the COVID-19 vaccine in a foreign country.
F. "Worker" refers to all paid and unpaid adults serving in the school settings described in
Section I. Workers include, but are not limited to, certificated and classified sta , analogous
sta working in private school settings, and volunteers who are on-site at a school campus
supporting school functions.
V. The Terms of this Order supersede any conflicting terms in any other CDPH orders, directives, or guidance.
VI. Except to the extent this Order provides otherwise, all other terms in my Order of June 11, 2021 remain in e ect
and shall continue to apply statewide.
VII. This Order shall take e ect on August 12, 2021, at 12:01 am. Facilities must be in full compliance with the Order
by October 15, 2021.
VIII. This Order is issued pursuant to Health and Safety Code sections 120125, 120140, 120175,120195 and 131080
and other applicable law.
Tomás J. Aragón, MD, DrPH
Director and State Public Health O icer
California Department of Public Health
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)
Ukiah Unified School District - MOU Staffing
2122-107
Final Audit Report 2021-09-17
Created:2021-09-03
By:Kristine Lawler (klawler@cityofukiah.com)
Status:Signed
Transaction ID:CBJCHBCAABAAOXjgO36tUtWxe79QRCR1qi0WWpZ8j3yr
"Ukiah Unified School District - MOU Staffing 2122-107" History
Document created by Kristine Lawler (klawler@cityofukiah.com)
2021-09-03 - 9:54:26 PM GMT- IP address: 12.12.163.2
Document emailed to Sage Sangiacomo (ssangiacomo@cityofukiah.com) for signature
2021-09-03 - 9:55:06 PM GMT
Email viewed by Sage Sangiacomo (ssangiacomo@cityofukiah.com)
2021-09-17 - 2:57:24 PM GMT- IP address: 67.180.40.102
Document e-signed by Sage Sangiacomo (ssangiacomo@cityofukiah.com)
Signature Date: 2021-09-17 - 2:57:51 PM GMT - Time Source: server- IP address: 67.180.40.102
Agreement completed.
2021-09-17 - 2:57:51 PM GMT