MEMORANDUM OF UNDERSTANDING BETWEEN RIALTO UNIFIED SCHOOL
DISTRICT AND CITY OF FONTANA REGARDING CROSSING GUARD SERVICES THIS MEMORANDUM OF UNDERSTANDING ("MOU") between the Rialto Unified School District ("District") and the City of Fontana ("City") is effective on July 1, 2022, ("Effective Date"). The District and City may be referred to individually as "Party" or collectively as "Parties" hereinafter.
Recitals
WHEREAS, District is a unified school district organized and operating under Education Code section 35000, et seq., in the County of San Bernardino, California; and WHEREAS, City is a California municipal corporation organized and operating in San Bernardino County; and
WHEREAS, District has engaged and hired persons to provide school crossing guard services for District students, and District and City desire to jointly share in the costs of those services at certain locations in the District and within the City; and NOW, THEREFORE, District and City agree as follows:
Agreement Binding. This MOU shall be binding upon the signing Parties and their respective heirs, executors, administrators, successors and assigns.
2. Choice of Law. This MOU shall be governed by and construed under California law. The laws of California shall prevail to the extent that there is any conflict between this MOU and any California law.
3. Program. Due to the increased enrollment, the District has contracted for two (2) persons to serve as a crossing guard at certain locations within the District and located within the City of Fontana, as designated in EXHIBIT A attached hereto and incorporated herein by this reference. The crossing guard shall provide service between the designated hours specified in EXHIBIT A.
4. Contracting of Crossing Guard. The District and City agree that the crossing guard services shall be performed by persons employed and supervised by the District and that solely the District is responsible for employing persons to provide those services. The Parties agree that the District and District employees, including persons employed to provide the crossing guard services, shall not be deemed an employee or employees of the City, and the City shall not be deemed an employee of the District.
5. Crossing Guard Costs. The Parties hereto agree:
5.1 Commencing on the Effective Date, the City shall reimburse the District an amount of up to fifty percent (50%) of the costs associated with the crossing guard services
1 provided within the City of Fontana at the locations and for the times specified in EXHIBIT A.
For purpose of this MOU, "costs" shall only mean the amount of wages paid by District to the crossing guard(s) to perform the crossing guard services, calculated at a rate equal to the California minimum wage rate applicable to the year in which the crossing guard services were performed. Costs shall not include, and the City shall not reimburse the District, for administrative costs, materials, equipment, or the monetary value or cost of any insurance or remain the responsibility and liability of the District. The estimated amount of total annual costs owed to the District may differ from the amounts specified in EXHIBIT A due to changes in California law or minimum wage requirements, and City is not obligated to reimburse the District for the full estimated amounts shown in EXHIBIT A.
5.2 The District shall be solely responsible for timely payment of all wages, amounts, costs, or other benefits that may be owed to the crossing guard(s) for the crossing guard services, whether or not such person(s) are employees or independent contractors of the District.
Under no circumstances shall City be construed or held liable as employer of the crossing guard(s). The District shall submit invoices to the City on a quarterly basis for reimbursement of City's agreed proportion of the costs. City shall promptly review the invoices and notify District in writing of any objections thereto. Absent District's receipt of a written objection within ten (10) days of City's receipt of the invoices, the invoices shall be deemed proper and acceptable, and shall be due and payable by City within thirty (30) days after receipt of the invoices.
5.3 The Parties understand and agree that the District may modify, reduce or terminate the hiring of crossing guards, if the City reduces, delays or terminates its financial obligations under this MOU.
5.4 The Parties also understand and agree that the District may modify, reduce or terminate the hiring of crossing guards if the District's funding is reduced, unless the City agrees, at City's sole discretion and upon written agreement of the Parties, to provide additional funding for the crossing guards to make up any funding shortfall.
6. Insurance. The District and City shall each carry adequate property damage and public liability insurance to cover the areas and activities set forth in this MOU. For the purpose of this MOU, either party may furnish insurance through a joint powers insurance authority.
7. Notice. Any notice required or permitted under this MOU shall be given in writing, and shall be deemed received as follows: when actually delivered, if sent by personal messenger; as of the date and time sent, if sent by facsimile; or when deposited in the mail, if sent by certified U.S. mail, postage prepaid. Notices shall be addressed as follows:
To District: Dr. Cuauhtemoc Avila
Superintendent
Rialto Unified School District
182 E. Walnut Ave.
2 m
Rialto, CA 92376
To City: Matt Ballantyne
City Manager
City of Fontana
8353 Sierra Ave.
Fontana, CA 92335
Ierm of Agreement. The term of this MOU shall commence on the Effective Date and shall terminate on June 30, 2023.
9. Dispute Resolution. District and City agree that if any dispute or difference arises under this MOU, District and City representatives shall meet and confer with the objective of esolving such dispute within seventy-two (72) hours of receipt of a written request of eithe Party, excluding Saturdays, Sundays, or national holidays. A Party's decision to terminate this MOU pursuant to Article 13, below, shall not constitute a dispute or difference for purposes of this Article.
10. Arbitration. If the Parties cannot resolve the dispute or difference to their mutual satisfaction pursuant to Article 9, above, within fourteen (14) days, or a longer period if both Parties agree in writing, the dispute or difference shall only be decided through binding arbitration in accordance with the current rules of the American Arbitration Association at the time of the dispute. No arbitration may include any person or party other than employees of the District, City, and any other person who is substantially involved in a common question of law or fact and whose presence is required to accord complete relief in the arbitration. The arbitrator's or arbitrators' award shall be final and judgment may be entered upon it in accordance with the applicable law in any court which has jurisdiction. A Party demanding arbitration shall file a demand notice with the other Party and the American Arbitration Association within a reasonable time. No Party may demand arbitration after the date which legal or equitable proceedings of such claim or dispute would be barred by the applicable statute of limitations.
The Parties shall split the costs of any arbitration pursued under this MOU, and shall pay their own respective attorneys' fees.
11. Assignment. Neither Party shall sell, assign, or sublease its rights under this MOU without the prior written consent of the other Party. Consent in one instance shall not prevent this provision from applying to a subsequent instance.
12. Default. The failure of any Party to comply with any term or condition or fulfillment of any obligation of this MOU within 30 days after written notice from the other Party, which specifies the nature of the default with reasonable particularity, shall constitute a default. If the default is of such a nature that it cannot be completely remedied within a 30-day period, the defaulting Party shall be deemed to have cured the default if it begins correction of 3 the default within the 30-day period, and thereafter, proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
13. Termination. District or City may terminate this MOU by delivering written notice of election to terminate at least 180 days prior to the expiration date of this MOU and any Additional Term. In the case of a default which is not cured pursuant to Article 12, above, the non-defaulting Party may terminate this MOU upon thirty (30) days' written notice.
14. Mutual Indemnification. District agrees to hold harmless, defend, and indemnify City, its officials, officers, employees and agents, against all actions, claims, or demands for injury, death, loss, or damages, by anyone whomsoever, including without limitation reasonable attorneys' fees, expert fees, costs and expenses, in any manner arising out of or incidental to any negligence, willful misconduct, errors or omissions of District, its officials, agents, servants, or employees arising out of or in connection with District's performance under thisMOU.
City agrees to hold harmless, defend, and indemnify District, its officials, officers, employees and agents, against all actions, claims, or demands for injury, death, loss, or damages, by anyone whomsoever, including without limitation reasonable attorneys' fees, expert fees, costs and expenses, arising out of or incidental to the negligence, willful misconduct, errors or omissions of City, its officials, agents, servants, or employees, arising out of or in connection with City's performance under this MOU.
15. No Third-Party Beneficiaries. The Parties agree that this MOU is made solely and specifically among and for the benefit of the Parties to this MOU, and no other person shall have any rights, interest or claims under this MOU or be entitled to any benefits under or on account of this MOU as a third-party beneficiary or otherwise.
16. Entire Agreement. This MOU is fully integrated. District and City intend this MOU to be the final expression of their understanding with respect to the subject matter and as a complete and exclusive statement of the terms and conditions. This MOU shall supersede all oral or written, prior and contemporaneous agreements and understandings in connection with this MOU.
17. Amendment. This MOU may be amended only through mutual written agreement of the Parties.
18. Counterparts. This MOU may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 4 THIS MEMORANDUM OF UNDERSTANDING is executed by the duly authorized representatives of District and City as of the date first herein above written.
RIALTO UNIFIED SCHOOL DISTRICT CITY OF FONTANA
By: Dr. Cuauhtemoc Avila, Superintendent By: Matt Ballantyne, City Manager
APPROVED BY CITY COUNCIL OF THE CITY
OF FONTANA
By: Diane Romo, Lead Business Services Agent
APPROVED BY BOARD OF EDUCATION OF THE Date:
RIALTO UNIFIED SCHOOL DISTRICT
Date: 4/19/2023
14360709.1
EXHIBIT A
Contract School City School Intersection Time Estimated Term No. Year Total
Annual
Cost
1 22/23 Fontana Kordyak Terra Vista 7:00 AM-8:30 AM (Daily) $16,752.00 Elementary & Mango 1:30 PM-3:00 PM- (Monday- Friday)
12:30 PM-2:00PM (Minimum Days)
Total $16,752.00
Per terms of the MOU, City of Fontana to pay up to 50% of the total annual costs estimated above. The previous MOU with the City of Fontana expired on June 30, 2022. This MOU is effective July 1, 2022. Each subsequent one-year term, as may be applicable, specified above to include anticipated scheduled State minimum wage increases. Actual costs may differ and are subject to agreed terms of MOU. 14360709.1