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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2023-04-131 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT 2022 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 playgrounds and outdoor playing fields 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 Summer Camp (“Camp”) program to provide Expanded Learning Opportunities to student participants Participants”), which includes a morning session of class work at students’ assigned 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, Ukiah High School (“High School”), including at the High School Pool (“Pool”), or the City’s Todd Grove Park Pool (also “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 four schools: Calpella Elementary, Frank Zeek Elementary, Yokayo Elementary, and Pomolita Middle. 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 from the three elementary schools will be transported to the High School to COU No. 2223-183 2 engage in recreational activities and mealtime. Participants in the program at Pomolita Middle School may walk to the City’s Todd Grove Park to engage in recreational activities. Participants at the High School or Todd Grove Park 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 15, 2022 through July 28, 2022. 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 ($7,000 per day) per school site within 30 days’ of receipt of an invoice from the City, to be invoiced by the City no later than August 5, 2022. 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 22, 2022 shall be permitted to attend. As of June 22, 2022, 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 Jake Burgess, City of Ukiah, Recreation Supervisor, 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 Steve BarekmanSageSangiacomo City Manager Chief Business Official Date: _________________________ Date: _________________________ Apr 13, 2023 7 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)