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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2023-08-211 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 transitional kindergarten, kindergarten, and grades 1-6 in the 2023-2024 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 Calpella Elementary, Frank Zeek Elementary, Nokomis Elementary, Oak Manor 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 District ASES Program used to serve approximately one hundred (100) students. The partnership with the City has allowed the District to serve two hundred (200) students or more at each site, and this will continue during the 2023-2024 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 COU No. 2324-093 2 and City staff will operate academic and recreational stations during the afterschool programs’ hours. At the District’s request, the City will attempt to add additional staff as necessary to ensure there are no students on waiting lists. 3. Term. The term of this Agreement shall be from August 21,2023, to June 6, 2024 (180 days of operation). 4. District Obligations/Fees. In exchange for City staffing of ASES Programs at Elementary Schools, the District will pay the City $12,000.00 per week, per site. The weekly amount will be prorated to a daily rate of $2,400.00 per day for any partial weeks. The maximum amount that could be paid to City under this Agreement is $2,160,000.00. The District will provide a meal (“supper”) to all Participants. 5. City Obligations. The City will provide staffing in appropriate ratio to the number of Participants during each day’s operation at each 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. After School Sports Program (Exhibit B). The City and the District will offer a sports program to the students participating in the ASES Programs at each site, as outlined in Exhibit B. If UUSD can provide transportation, the teams from each school will have the opportunity to compete against each other. 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 3 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 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. Health Guidelines: The City and City employees will follow all relevant orders, 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, if any are issued during the term of this agreement 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. 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. 14. General Provisions. 4 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 Official 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. 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. 5 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. 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 Official Date: _________________________ Date: ____________________________ Aug 16, 2023 6 EXHIBIT A 7 EXHIBIT B AFTERSCHOOL SPORTS PROGRAM PROPOSAL The City of Ukiah proposes running 4 9-week sports seasons throughout the course of the 2023- 2024 School Year. Sports programs would be held at Calpella, Frank Zeek, Nokomis, Oak Manor, and Yokayo (we are also open to including Grace Hudson, and 5th and 6th Grade students at Eagle Peak). Each Sports Season would consist of 1 week of try-outs, 3 weeks of practices (4 times per week, 1-1.5 hours per practice), a two-week tournament, and a 3-week class. The first 6 weeks would be made available to students in the 4th-6th Grades. Games and rules would be modified to allow schools to field a Boys and a Girls team, each with 15-20 participants. Participants would be selected based upon try-out performance, being in good school academic standing, and meeting school behavior requirements. A new try-out will be held for each sport. An additional signed contract between the school, the City of Ukiah, the student, and student’s parents/guardians will be implemented. The final 3-week class will be offered to students in grades K-3, and students in those grades will have the same opportunity to learn the sports that the upper grade students are playing. Following the try-out and three weeks of practice we would hold a 2-week tournament. Tournament games for Basketball and Volleyball would be ideally held at Ukiah High School, Pomolita Middle School, Yokayo Elementary School, or the Alex Rorabaugh Center (if games can be held later than 5:30PM). For our Flag Football and Soccer Seasons, any of the Elementary School locations can be a host site. Games would run about 1-hour. Tournament format would be double elimination, allowing each school 4 games per team. Games can be used as fun community building activities that bring students, parents, and school staff together. Tournament games between school sites will be held if UUSD is able to provide transportation. Program staff will be recruited through our existing sports program staff, consisting of Ukiah High School and Mendocino College current and former athletes. We will also recruit current school-based staff which includes both City of Ukiah and Ukiah Unified Employees (similar to how a science teacher can coach basketball in their spare time). SPORTS SEASONS Season 1 – Flag Football: August 21–October 20 Need a description here Season 2 - Basketball –: October 23 – December 21 (Depending on transportation) Game format will be that 4 ten-minute quarters will be played. In each of the first 3 quarters, a different 5 players must be played (15 players minimum in a game). All other regular basketball rules will be followed. League format follows the Santa Rosa Elementary Schools Basketball League. Season 3 – Volleyball –: January 8 – March 8 Games will be played with 6 players per team on the court. A new player will be rotated onto the court each time your team gains possession of the ball to encourage high participation. Games will follow regular indoor volleyball scoring and rules. Home Games to be played at Elementary schools 8 Season 4 – Soccer: March 11 – May 24 Each team will have seven players on the field at a time. Games will be played with 2 twenty- minute halves. Staffing Program would be overseen by City of Ukiah Sports Coordinator Head Coach – Each site will have 1 Head Coach. They will be responsible for coming up with practice and game plans. Assistant Coach – Each site will have 1 Assistant Coach. Provide support to Head Coach, acts as secondary coach for scrimmages in practice. Available to fill in as Head Coach. Gym Supervisor – Only needed during tournaments. Responsible for set-up and breakdown of gyms. Manages two referees. Referee – two per game. Knowledge of the game they are officiating. In Rec/Youth Sports they act more as an instructor or coach, giving players guidance in addition to enforcing rules of the game. BUDGET Staff Rate TOTAL FOR ALL SITES AND SPORT SEASON STAFFING $120,000 SUPPLIES FOR ALL 5 SITES AND 4 SPORTS SEASONS $20,000 TOTAL $140,000 City of Ukiah will invoice UUSD at the end of each season run for $35,000.00 OTHER OPPORTUNITIES • Team/Program sponsorships – much like the City of Ukiah Youth Sports Leagues have team sponsors, that opportunity to sponsor these Elementary School League teams can be made available to help offset program equipment and jersey costs. • NFL Flag Football Partnership – we can apply to become a flag football program and the NFL will provide our jerseys and equipment