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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2024-02-14 COU No. 2324-159 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT 2024 SPRING 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 Spring Camp ("Camp") program to provide Expanded Learning Opportunities to student participants ("Participants"), which includes a blended session of class work and recreation time provided to Participants by the City with District assistance. AGREEMENT: 1. Description of Program. Starting at 8:00 a.m., the City will provide in-school instruction and classes Monday-Friday(excepting holidays) to students ("Participants") at one of four schools: Calpella Elementary, Frank Zeek Elementary, Eagle Peak Middle, and Pomolita Middle, referred to as Operating Sites. The morning program will include education, enrichment and recreation lead by City with District paraprofessional collaboration that engages in fun learning activities that address academics, including reading, writing, math, and science. At noon, for those Participants who also signed up for the afternoon program, the City will assume all supervision of Participants and provide them with a fun recreation and enrichment- 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. 1 2. Facilities Use. The City will be operating at the designated school sites: Calpella Elementary, Frank Zeek Elementary, Eagle Peak Middle, and Pomolita Middle Schools. Participants will remain at their designated sites until parent/guardian pick up or District provided transportation. 3. Term. The term of this Agreement shall commence on March 25, 2024 through March 29, 2024. 4. District Obligations/Fees. In exchange for allowing Participants to attend the City's Spring program, and for providing all supervision and oversight of students at all times between 8:00 a.m. and 5:30 p.m., or until the last student has been picked up, the District shall pay the City$50,000 per week($10,000 per day) per 400 participants, with a 50- participant margin, within 30 days of receipt of an invoice from the City, to be invoiced by the City no later than April 5, 2024. The District shall provide transportation, as it is available to students. 5. City Obligations. The City will provide supervision and oversight of all Participants between the hours of 8:00 a.m. and 5:30 p.m. City shall exercise due diligence to ensure the safety of the Spring program Participants, including, but not limited to, providing at least the minimum number of certified and trained staff required for the number of students engaged to maintain the mandated staff-to-student ratios for ELOP funding. City agrees all students enrolled in the Spring program as of March 24, 2024 shall be permitted to attend. As of March 24, 2024, the City shall enroll no more students in the Spring program. The District has no supervisory or oversight obligations over Participants from 8:00 a.m. 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 the Operating Sites to inspect the property and maintain the grounds as needed. 2 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. 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, Community Services 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. Parag_raph 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. 3 This Agreement is effective upon the date that both parties have executed this Agreement. City of Ukiah Ukiah Unified School District Sage Sangiacomo Steve Barekman City Manager Chief Business Official Date: Feb 14, 2024 Date: 0'1�• l a' . z QLq 4 ATTACHMENT A (next page) 5 ATTACHMENT A COU No. 1415-142 AGREEMENT FOR JOINT USE OF FACILITIES This Agreement is made and entered on thq,, (J day of O. C)Af_ , 2014, in Ukiah, California, by and between the City of Ukiah ("City"), and Ukiah Unified School District ("District"). District and City may each be referred to individually as "Party" or jointly as "Parties." RECITALS A. City operates a year round community recreation program that includes a variety of classes and sports programs. These programs include youth basketball, girls' softball, adult co-ed volleyball and softball, men's and women's softball, sport and specialty camps/leagues/clubs,and a variety of special interest classes for adults and children such as dance, fitness, arts and crafts, music, language, and cooking classes ("City recreation programs"). B. District organizes golf, swimming, and baseball classes and teams and has occasional use for public meeting spaces in addition to those available on its campuses ("District recreation programs"). C. Sections 10900 et. seq. of the Education Code ("Community Recreation Act") authorize cities and school districts to maintain and operate joint use playgrounds and outdoor playing fields in order to reduce capital and operational costs to both governmental jurisdictions and provide recreational areas for the community as a whole. D. Section 10910 of the Education Code provides that the governing body of any school district may use or grant the use of grounds of the school district to any other public authority for the purposes of joint use, whenever such use does not interfere with school uses. E. The Parties have determined that it is in their mutual interest, subject to the terms and conditions as further stated herein, to exchange the use of certain facilities owned and maintained by them to support the recreation programs they each organize and conduct. AGREEMENT In consideration of the above-recited facts and the terms and conditions as further stated herein the Parties hereby agree as follows: 1. The initial term of this Agreement shall be ten (10) years, beginning on ae Sty ZPI ("Commencement Date") and expiring on December 31, fs� ("Expiration D e"), unless extended or earlier terminated as provided in this Agreement. a. This Agreement may be terminated at any time by either Party,upon written notice to the other Party thirty (30) days prior to termination. Upon receipt of notice, the Parties agree to use their reasonable efforts to allow a transition from the shared use of facilities that allows their respective programs to continue without undue disruption. Page 1 of 4 COU No. 1415-142 b. This Agreement may be extended by mutual agreement for two (2) ten (10)-year extension terms, which, including the initial term, comprises a total of thirty (30) years or longer, under the same terms and conditions of this Agreement. The Parties shall meet no later than ninety (90) days prior to the expiration of the initial term or any extension to determine whether to extend or terminate the Agreement. 2 Subject to the terms and conditions set forth in paragraph 4, the District shall make available to City for its use in conducting City recreation programs its gymnasiums, multipurpose rooms, class rooms, tennis courts, swimming pool facilities, and football, softball, soccer and baseball fields. 3. Subject to the terms and conditions set forth in paragraph 4, the City shall make available to District for classes, sports teams and public meeting spaces, its Conference Center, golf course, swimming pool facilities, Anton Stadium, park facilities, Todd Grove Clubhouse, Grace Hudson Museum meeting room, and Civic Center Council Chamber. 4. Except where special conditions are otherwise stated, the Parties shall make their facilities available to each other in accordance with the following terms and conditions: a. Each Party shall have the use of the facilities without charge, except that each Party may charge the other a facilities maintenance fee, if the time and expense to clean and prepare the facility for reuse exceeds a reasonable amount normally expected from routine use of the facility. As to each facility the Parties shall agree to leave the facility clean and each Parry is to have performed general maintenance reasonably expected of the Party using the facility pursuant to this agreement and the amount reasonably expected of the owner of the facility. Any bill under this subparagraph for a facilities maintenance fee shall itemize the time,hourly rates and expenses included in the bill. Each Party using the facility of the other shall pay all costs associated with repairing any damage to the facility caused by that use, normal wear and tear excepted. If either Party discovers such damage,it shall immediately notify the other and arrange a joint inspection of the damage. Each Party shall provide written notice to the other party of the name and contact information for the staff member who will participate in the joint inspection. b. Any Party's use of the other Party's facilities under this Agreement shall not interfere with the normal use of the facility by the owner. Each Party shall have first priority for the use of the other Party's facility, after the facility owner, barring any third party user who has been previously scheduled. The Parties shall work cooperatively to schedule the use of such facilities under this Agreement to avoid unnecessary inconvenience to each other and third party facility users (i.e. community groups, private rentals, club/team activities, and sport groups). In scheduling the use of facilities by third party facility users,the District and the City shall take into consideration their past use of District and City facilities and use reasonable efforts to continue that past use. The District and City shall provide reasonable notice of their intended use of the facilities to each other. C. Each Party shall exercise due care in providing adequate and legally required supervision of its use of facilities under this Agreement. With respect to all facilities the Page 2 of 4 COU No. 1415-142 use and supervision of the activity shall comply with any requirements imposed by state law or local regulation or policy. The facility owner shall complete a use of facility document and provide the Party using the facility with a contact person and phone number who can be reached at any time while the facility is being used. All use of facility documents must be signed by an authorized representative. When either Party uses the swimming pool facilities of the other Party, the Party using the swimming pool facility shall provide not less than two lifeguards who must be on duty throughout the entire time that the pool is used by that Party, with the exception of the Ukiah Municipal Pools where City of Ukiah lifeguards must be on duty. The cost of these lifeguards will be absorbed by the City of Ukiah. The lifeguards must have current certifications required by state law and any locally adopted regulation or policy. The number of lifeguards required shall be dictated by the American Red Cross Guidelines and is currently at a ratio of one guard per twenty-five swimmers. If the lifeguards are not supplied by the facility owner,the Party using the facility must file current lifeguard certifications with the owner before using the facility. d. No Party or any of its officers,agents,volunteers,contractors,or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of the other Party under or in connection with any obligation delegated to the Parties under this Agreement. Each Party shall indemnify,defend and hold harmless the other Party,its officers, agents, volunteers, contractors, and employees from any and all liability, loss, expense (including reasonable attorneys' fees and other defense costs), or claims imposed for damages of any nature whatsoever, including but not limited to,bodily injury, death,personal injury, or property damage occurring by reason of any acts or omissions on the part of the Party's own officers, agents, volunteers, contractors, invitees, and employees under or in connection with any obligation delegated to such Parry under this Agreement. This indemnity shall survive termination of this Agreement. e. Prior to using any facility under this Agreement and as a condition precedent to its right to use such facilities, each Party shall provide the other Party with proof of general comprehensive or commercial liability insurance satisfactory to the other Party with policy limits of not less than $5,000,000 per occurrence and a general aggregate of limit of not less than $5,000,000. Each policy shall name the other Party as an additional insured as to any use of facilities under this Agreement. Coverage under a memorandum of coverage issued by a joint powers agency to which the Parry belongs may be used to comply with the insurance requirements in this subparagraph e. Each Party shall provide Workers'Compensation and Employers'Liability insurance, as required by the State of California. The insurance coverage requirements in this Section 4.e. shall be subject to review and adjustment to reflect coverages recommended by the Parties' insurance advisors over the term of this Agreement. Any such adjustments shall be set forth in a written amendment to the Agreement, agreed to by both Parties. f. Each Party shall pay the utility costs for its own site. g. Each Party shall be responsible for its separate trash collection provided to Page 3 of 4 COU No. 1415-142 the site when the use generates an amount of trash in excess of that normally expected from routine use of the facility. 5. Whenever notice is permitted or required under this Agreement, it shall be deemed given when personally served by personal delivery or overnight courier or when delivered by fax or email, but only if receipt of the fax or email is acknowledged, or 48 hours after deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: UKIAH UNIFIED SCHOOL DISTRICT CITY OF UKIAH Attention: Superintendent Ukiah Civic Center 511 S. Orchard Ave. Attention: City Manager Ukiah, CA 95482 300 Seminary Avenue FAX: Ukiah, CA 95482 Email: FAX: Email: or at such other address as such party may previously have advised the other party by notice similarly given. 6. This constitutes the whole agreement between the Parties concerning its subject matter and supersedes and replaces any prior agreements, statements or understandings that may have existed between the Parties. 7. This Agreement may be executed in one or more duplicate originals and when so executed each such duplicate original, bearing the original signatures of the Parties, shall be admissible in any administrative or judicial proceeding as proof of its terms. 8. In the event of a dispute under this Agreement, each Party shall bear its own attorneys' fees and costs. 9. The persons executing this Agreement on behalf of the Parties warrant that(i) such person is duly authorized to execute and deliver this Agreement on behalf of said Party, (ii)by so executing this Agreement, Party is formally bound to the provisions of this Agreement, and (iii) entering into this Agreement does not violate any provision of any other agreement to which either Party is bound. 10. There shall be no discrimination against any person on account of race, color, religion, sex, marital status, national origin, or ancestry in performance of the obligations under this Agreement. WHEREFORE, this Agreement is made and entered on the date first written above. DIST ICT UKIXHL By : By: CH-ANBEjZS Its: Its: CCXTY t4A-A1A&---12 Page 4 of 4