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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2025-08-18 COU No. 2526-096 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 California public school district,hereinafter referred to as the "District," and the City of Ukiah, a public entity, hereinafter referred to as the"City". The District and the City are individually referred to herein as a"Party"and collectively as the "Parties". RECITALS: 1. The District will receive a grant from the California Department of Education for Expanded Learning Opportunities in accord with Education Code section 45320 el seq. As a condition of that grant,the District must offer at least nine (9)hours of combined instruction and in-person before or afterschool learning opportunities each school day and for at least thirty(30) non-school clays during intersession periods. 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 School„Frank Zeek Elementary School,Nokomis Elementary School, Oak Manor Elementary School, and Yokayo Elementary School(each, an "Elementary School"and,collectively, the "Elementary Schools"). AGREEMENT: I. Description of Program. The ASES Programs at the Elementary Schools begin at the end of each school sites' school dismissal time and run until 5:00 p.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 ASES 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 of the District's ASES Programs 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 2025-2026 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 Program staff and City staff will operate academic and recreational Stations during the ASES 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 18, 2025, to June 4. 2026(180 days of operation) .except as otherwise stated in Paragraph 15 below. 4. District FeeslObligations. In exchange for City staffing of ASES Programs at the Elementary Schools,the District will pay the City $12,500.00 per week, per site. The weekly amount will be prorated to a daily rate of$2,500.00 per day for any partial weeks. The maximum amount that could be paid to City under this Agreement is$2,287,500.00. The District will provide a meal 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 front school dismissal to 6.00 p.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 the District can provide transportation, the teams from each Elementary School will have the opportunity to compete against each other. 7. Fingerprinting and Criminal Background Investigation Certification. 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 school site 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 to this Agreement. If the City receives notice from any entity that a minor employed by the City 2 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 August 18, 2025. 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. Tuberculosis Certification.The City shall at all times comply with the tuberculosis certification requirements of Education Code section 49406. 10. Confidential Information and Student Privacy. Each Party shall maintain the confidentiality of, and protect from unauthorized disclosure,any and all information received in the course of performing any and all responsibilities pursuant to this MOU, including but not limited to all District student information and records, whether disclosed verbally, identified as confidential or proprietary at the time of disclosure, or that the other Party should have reasonably determined to be confidential based on the nature of the information and/or the circumstances of its disclosure. Each Party shall not use such confidential information for any purpose other than carrying out the obligations under this MOU. Each Party shall comply with all applicable federal, state,and local laws concerning the maintenance and disclosure of student records,including but not limited to the Family Educational Rights and Privacy Act("FERPA')and maintain the confidentiality of and protect from unauthorized disclosure any and all individual student information received from District, including but not limited to student names and other identifying information.The City shall not use such student information for any purpose other than carrying out the obligations under this MOU. Upon termination of this MOU, the City shall turn over to the District all educational records related to this MOU. The requirement to maintain confidentiality shall extend beyond the termination of this MOU. 11. 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. 12. 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. (Exhibit C) 13. 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 pursuant to this Agreement or its failure to 3 comply with any of its obligations contained in this Agreement, except to the extent such Liability is caused 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. 14. Liability of the District.Notwithstanding anything stated herein to the contrary, the District shall not be liable for any special, consequential, indirect or incident damages, including but not limited to lost profits in connection with this MOU. 15. Termination. The District may terminate this MOU at any time by giving thirty (30) days advance written notice to the City, however the Parties may agree in writing to a shorter time period for the effectiveness of such termination. Failure to comply with any provision of this Agreement within a period of ten (10)days following receipt of written notice of noncompliance from either Party shall constitute a material breach of the Agreement and furnish grounds for termination of this Agreement. 16. General Provisions. A. Independent Contractor. The 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 other Party provides to its employees. Neither Party will have authority to contract for or bind the other in any manner whatsoever. This MOU confers no rights upon either Party except those expressly granted herein. The City shall assume full responsibility for payment of all federal, state and local taxes or contributions including unemployment insurance, social security and income taxes with respect to the City's 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. Taxes. All payments made by the District to the City pursuant to this MOU shall be reported to the applicable federal and state taxing authorities as required. The District will not withhold any money from compensation payable to the City, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance. The City shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to the City and otherwise in connection with this MOU. D. Notices. Except as otherwise expressly provided herein, any written notice required by this Agreement shall be deemed given and received when personally 4 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. E. 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. F. Execution in Counterparts. This MOU may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement. G. Applicable LawNenue.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. H. 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 he liable for any such fees and costs incurred by the other Party. 1. 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. J. Amendments. The terms of this Agreement shall not be amended in any manner except by written agreement signed by the Parties. K. Waiver. No delay or omission by the District in exercising any right under this MOU shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude the District from any or further exercise of any right or remedy. 5 08/12/2025 EXHIBIT A ELEMENTARY AND MIDDLE SCHOOL BELL SCHEDULES 2025-2026 School Start MTTF Wednesday!Early Finals Days Notes Time Dismissal Release Day Dismissal Dismissal Times Time Time Calpella 8:00 2:30 pm 1:00 pm ParentlTeacher Conf am Days:tpd Frank 8:00 2 30 pm 1:00 pm Parent/Teacher Conf Zeek am Days:tbd Grace 8:00 2:30 pm 1:00 pm ParentlTeacher Conf Hudson am Days:tbd Nokomis 8:00 2:30 pm 1:00 pm Parent/Teacher Conf a m Days:tbd Oak 8100 2,30 pm 1:00 pm ParentlTeacher Conf Manor am Days:tbd Yekayo 8:00 2.30 pm 1:00 pm Parent/Teacher Conf am Days:tbd Eagle 8:00 2:49 pm 1:19 pm 12.15 pm Finals: 1 211 7-1 912 5, Peak am 461d2.04/26 Pomolita 8-30 3:20 pm 1:50 pm 12:45 pm Finals: 1 211 7-1 9125, am 06102-04126 EXHIBIT B AFTER SCHOOL SPORTS PROGRAM The City of Ukiah will run three sports seasons throughout the course of the 2025-2026 school year at the follow each.an "Elementary School"and,collectively, the "Elementary Schools" for students in grades 5 and under as follows: 5" Grade and Under Teams: Calpella Elementary School, Frank Zeek Elementary School, Grace Hudson Elementary School,Nokomis Elementary School,Oak Manor Elementary School, Yokayo Elementary School, Eagle Peak Elementary School The City will host three sports seasons throughout the course of the 2025-2026 school year, as follows: Volleyball (September-November), Flag Football (December-March), and Soccer (March-May). Each sports season will consist of one week of try-outs, four weeks of practices (4-5 times per week, 1-1.5 hours per practice), three weeks of games,and a two-week tournament. Games and rules would be modified to allow schools to field a boys and a girls team,each with 15.20 Participants. Participants are selected based upon try-out performance, being in good school academic standing, and meeting school behavior requirements. New try-outs will be held for each sport. An additional signed contract between the District on behalf of each Elementary Sschool, the City of Ukiah, the student,and student's parents/guardians will be executed. Game locations will vary depending on the sport and the season. The District will provide transportation for the program.The City will aim to move no more than 2 Elementary Schools per afternoon for games unless an agreement is reached between the City of Ukiah and the Ukiah Unified School District Transportation Department. For outdoor field sports, each Elementary School should have ample space to host home games. For Volleyball, gym space will be utilized at the Alex Rorabaugh Recreation Center in the Beckstoffer Gymnasium (Grace Hudson Elementary School), Eagle Peak Elementary School, and Yokayo Elementary School. The plan is to use these facilities outside of the middle school, high school,rec league,and CYO basketball seasons. Other facilities to be utilized may include the Ukiah High School fields and the City of Ukiah Sports Complex (softball fields). Program staff will be recruited through the City's existing sports program staff, consisting of Ukiah High School and Mendocino College current and former athletes.The City will also recruit current school-based staff which includes both City of Ukiah and Ukiah Unified School District Employees(similar to how a science teacher can coach basketball in their spare time). SPURTS SEASONS Season 1 —Volleyball: September 2. 2025 —November 21. 2025 Season 2 —Flag Football: December S. 2025 — March 6. 2026 Season 3 —Soccer: March 9, 2026 —May 29, 2026 Staffing The program will be overseen by Daniel Spence, City of Ukiah Supervisor,and Cassandra Borgna, City of Ukiah Senior Recreation Coordinator. Head Coach Each site will have one Head Coach. They will be responsible for coming up with }practice and game plans. Assistant Coach Each site will have one Assistant Coach. They will provide support to Head Coach, and act 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. Referees -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. Program Cost Cost per sport per season (including staff and supplies): $54,000.00 Total cost (3 sports). $162,000.00 The City of Ukiah will invoice the District at the end of each season for$54,000.00. 9 EXHIBIT C JOINT USE AGREEMENT (see next page) 537 V7257106-1 10 COU No. 1415-142 AGREEMENT FOR JOINT USE OF FACILITIES This Agreement is made and entered on the� day of 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 campslleaguesfclubs,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 er. 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 ram"?lte 2O ("Commencement Date") and expiring on December 31, 2 ("Expiration ate"),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 CDU No. 1415-142 b. This Agreement may be extended by mutual agreement for two (2) ten (10)-year extension terms, which,including the initial tear►, 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 tho 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 Crass Guidelines and is currently at a ratio of one guard per twenty-fine 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, Tlus mdenuuty shall survive tmninartion of this Agreement. C. 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$S,000,400 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 tho insurance requirements in this subparagraph e. Each Party shall provide Worker'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. 141 5-142 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 acknowlcdged, 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 Civie Center 511 S.Orchard Ave. Attention: City Manager Ukiah,CA 95482 300 Seminary Avenue FAX: Ukiah, CA 95482 Email: FAX: Email: or at such o#lw address as such party may previously have advised the odw party by notice similarly given. & 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. R. 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. DISTRICT - Sy • Its: W 14i A17tv Its: C.S-Ty M WAr4 4e 1L Page 4 of 4