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HomeMy WebLinkAboutUkiah Unified School District (UUSD) 2026-03-30COU No. 2526-183r MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF UKIAH AND UKIAH UNIFIED SCHOOL DISTRICT 2026 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 , 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. 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. 3.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 7:30am, the City will provide in-school instruction and classes Monday-Friday (excepting holidays) to students (“Participants”) at one of two schools: Nokomis Elementary and Pomolita Middle School, referred to as Operating Sites. The morning program will include supervision from 7:30-8:00 am followed by education, enrichment and recreation led by City with District paraprofessional collaboration that engages in fun learning activities that address academics, including reading, writing, math, and science. In the afternoon, the City will assume all supervision of Participants and provide them with a fun recreation and enrichment- based program. The District will provide 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. 2.Facilities Use. The City will be operating at the designated school sites: Nokomis Elementary and Pomolita Middle School. 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 30, 2026 through April 3, 2026. 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 7:30 a.m. 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 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 10, 2026. The District shall provide transportation, as it is available to students. 5.City Obligations. The City will oversee student registration and allow access to all key UUSD staff identified as needing access to registration information. The City will provide materials and supplies for the program. The City will provide supervision and oversight of all Participants between the hours of 7:30 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 and to provide required staffing sheets. City agrees all students requiring school transportation will enroll during the priority registration period ending on March 6, 2026. Late registration will continue for students not requiring transportation as space allows. The District has no supervisory or oversight obligations over Participants from 7:30 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.Fingerprinting. The District has determined that Education Code section 45125.1(d) applies to City staff working in the Spring Break Program 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 and working in a Spring Break Program has been arrested for any reason, the City must notify the District within two (2) business days of receipt of notice. All City employees working at District Elementary Schools must be fingerprinted and cleared prior to the start of the Spring Break Program. 7.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. 8.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. 9.Insurance. The insurance provisions in the most recent agreement for Joint Use of Facilities between the District and the City shall apply to this Agreement. 10.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. 11.Assignment and Sublease. City shall not assign their interest in this MOU. 12.Conflict in Agreements. The most recent 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 most recent Joint Use Agreement where conflicts exist between the two. 13.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. 14.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. 15.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. 16.Time of Essence. Time is of the essence in the interpretation and application of this Agreement. 17.General Provisions. A.Independent Contractor. City shall be acting as an independent contractor. Neither party is to be considered an agent or employee of the 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 Official, 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. 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: ________________________ 02/26/2026