HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2024-06-111
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT
2024 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 funds 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 three schools: Nokomis Elementary, Oak Manor 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 engage in
COU No. 2324-203
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recreational activities. 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 11, 2024 and continue
through July 19, 2024. This includes one training and set-up day on June 11, 2024, 25
program days (June 12, 2024 through July 18, 2024, with no program on June 19, 2024 or
July 4, 2024), and one clean-up day on July 19, 2024 (27 days total).
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 $55,000 per week ($11,000 per day) per elementary
school site and $25,000 per week ($5,000 per day) per middle school site within 30 days’
of receipt of an invoice from the City, to be invoiced by the City no later than August 15,
2024. 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 18, 2024 shall be permitted to attend. As of June 18, 2024, 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.
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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.
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, 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. 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.
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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 Steve Barekman
City Manager Chief Business Official
Date: _________________________ Date: _________________________
May 16, 2024
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ATTACHMENT A
COU No. 1415- 142
AGREEMENT FOR JOINT USE OF FACILITIES
This Agreement is made and entered on the ` day of -'2 ti , 2014, in Ukiah,
Califarnia, by and between the City of Ukiah ("City"), and Ukiah Unified School District
District"). District and Ciry 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. seg. 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
jL'7.' l" Z/' ("Commencement Date") and expiring on December 31, _
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.
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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 Party 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 inember 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
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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 Party 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 Party 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.
Each Party shall pay the utility costs for its own site.
g.Each Party shall be responsible for its separate trash collection provided to
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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 arigin, or ancestry in performance of the obli ations under
this Agreement.
WHEREFORE, this Agreement is made and entered on the date first written above.
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ATTACHMENT B