1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF REDONDO BEACH
AND THE REDONDO BEACH UNIFIED SCHOOL DISTRICT
REGARDING THE AFTER-SCHOOL PROGRAM OPERATED
BY THE CITY OF REDONDO BEACH AT REDONDO BEACH UNIFIED SCHOOL SITES This Memorandum of Understanding (MOU), is made and entered into as of the date of the last signature set forth below by and between the CITY OF REDONDO BEACH ("CITY"), a municipal corporation and the REDONDO BEACH UNIFIED SCHOOL DISTRICT ("RBUSD") (collectively the "PARTIES" or, individually "PARTY").
WITNESSETH
WHEREAS, the After-School Program was developed after the RBUSD sought the assistance of CITY to provide an after-school childcare program to serve the residents of Redondo Beach; and
WHEREAS, CITY has operated the After-School Program during the school year for over forty years; and
WHEREAS, RBUSD has permitted the After-School Program to be conducted on RBUSD sites at classrooms or facilities designated in writing by RBUSD (collectively “Facilities”); and
WHEREAS, the After-School Program provides a custodial after-school childcare service for the elementary students attending RBUSD; and WHEREAS, on September 7, 2021, the CITY and RBUSD entered an MOU regarding the After-School Program which terms were almost identical to the instant MOU; and WHEREAS, the CITY and RBUSD agree to continue their collaboration in the operation of the After-School Program on RBUSD sites; and
WHEREAS, CITY and RBUSD wish to continue this collaboration pursuant to the terms and conditions outlined in this MOU; and
WHEREAS, the PARTIES agree that each PARTY shall assume full and independent responsibility for ensuring its own compliance with the state and local law despite the collaborative approach of this MOU.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the CITY, and RBUSD and of the promises herein contained, it is hereby agreed as follows:
Section 1 Recitals. The recitals set forth above are fully incorporated herein and are part of this MOU.
Section 2 Purpose. The purpose of this MOU is to allow the CITY to operate a custodial AfterSchool Program on certain RBUSD sites. 2 Section 3 Cooperation. CITY AND RBUSD shall cooperate with one another to attain the purpose of this MOU.
Section 4 RBUSD After-School Program Sites. CITY will continue to provide and operate the After-School Program at the RBUSD sites where it presently provides and operates the program. RBUSD warrants that all listed sites are maintained in safe condition and free of known defects at the commencement of the Program.
These RBUSD School sites are:
Alta Vista, 815 Knob Hill Avenue Beryl Heights, 920 Beryl Street Birney, 1600 Green Lane Jefferson, 600 Harkness Lane
Lincoln, 2223 Plant Avenue Madison, 2200 MacKay Lane
Tulita, 1520 Prospect Avenue Washington, 1100 Lilienthal Lane Should either PARTY wish to add or remove the After-School Program at any RBUSD school site, such modification shall be agreed to by the PARTIES and an amendment shall be executed to this MOU.
Section 5 Term. The term of this MOU commences on August 12, 2025 and expires on June 30, 2026.
Section 6. CITY Agrees:
a. To provide to RBUSD proof that CITY staff working at the After-School Program on RBUSD sites have completed mandated reporter training.
b. To provide a high level of service to children enrolled in the After-School Program, which shall begin immediately after the conclusion of the regular RBUSD instruction, as defined by each RBUSD school site’s daily schedule. This includes early release dates or minimum days, and the program continue until it closes at 6:00pm. The After-School Program will not provide care during RBUSD-designated holidays or non-instructional days.
c. To provide supervised and organized activities through the use of RBUSD Facilities, consistent with site use guidelines and in written consultation with each site principal. d. To remove RBUSD principals from the After-School Program's disciplinary matrix. e. To fully comply with the provisions of Education Code 45125.1 (fingerprint requirements). f. To the maximum extent provided by law, comply with any federal, state, county or local agency order regarding a declared pandemic.
g. To be responsible for children enrolled in the After-School Program upon each child's check-in at the After-School Program and until the child is checked out of the After School Program by a parent or adult individual authorized by the parent, with documentation of daily departure times for each child.
3 h. To maintain an updated roster that includes all children enrolled in the After-School Program.
i. The After-School Program will be open every school day during the regular school year. j. To compensate RBUSD in the amount of $10,000.00 for the school year for maintenance due to normal wear and tear of RBUSD’s facilities. In the event of an act of God and/or declared national, state, county or local emergency which results in the cessation or suspension of performance under this MOU, the compensation for maintenance shall be prorated at a rate of $909.09 per month. Compensation shall be sent to RBUSD by June 1st at the address listed in Exhibit A to the attention of the Office of Administrative Services.
k. Provide RBUSD site principals and the Executive Director of Student Services a list of the After-School Program Site Supervisors and Staff Names by September 1st of the year. l. Provide RBUSD site principals and the Executive Director of Student Services with an updated list of students enrolled in the After-School Program on a quarterly basis as follows: August 15, November 15, January 15, and April 15 of the year. m. Use best practices to maintain a 35:1 ratio of enrollees per Staff Member. n. Restrict the use of all electronic devices, except for District-provided Chromebook™ during CITY approved and supervised homework time.
o. Restrict CITY staff use of cell phones, except in the performance of their duties. p. Provide RBUSD site principals and the Executive Director of Student Services a general activity schedule, outlining the daily activities of the After-School Program, no later than the first day of the school year.
Section 7. RBUSD Agrees:
a. To allow CITY to operate the After-School Program on the RBUSD sites listed in Section 4 of this MOU.
b. To facilitate an initial coordination meeting with principals of each RBUSD site listed in Section 4, with the CITY designated Recreation Coordinator, and the CITY designated After-School Program staff at the beginning of the school year. This meeting shall be held within the first seven (7) days of the start of the school year. c. To have the principals of each RBUSD site listed in Section 4 meet with the CITY's AfterSchool Program representative ,as requested by the CITY, to address any issues with the program.
d. To permit the CITY to continue to use the Facilities for the duration of the school year on each RBUSD site for the After-School Program, and to provide a designated restroom closest to the Facilities for use by the After-School Program. e. To provide room partitions to maximize student capacity and participation in accordance with federal, state, county and/or local agency orders with respect to a declared health emergency.
4 f. If the Facilities are not available due to a special event, the principal of the RBUSD site will provide a comparable indoor classrooms or facilities to operate the After-School Program.
The principal shall provide at least one-week advanced written notice of the change to the CITY designated Recreation Coordinator.
g. To be solely responsible for the repair and maintenance of the playgrounds and playground equipment and all structures, including, but not limited to, all restrooms and classrooms at each RBUSD site.
To not re-disclose shared data to third parties and securely destroy or return the data to the CITY upon expiration of this MOU. This provision shall survive expiration of this MOU.
Section 8. The PARTIES agree that each PARTY shall cooperate with one another by providing information regarding: 1) behavioral issues of children participating in the After-School Program, to the extent permitted by law, 2) on-campus safety issues (i.e., lock down), and 3) emergency contact information for facilities maintenance. RBUSD acknowledges that student rosters and related information shared by the CITY pursuant to this MOU may contain personally identifiable information (“PII”) and agrees to receive, use, and maintain such data in full compliance with the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g), California Education Code Sections 49060-49085, and all applicable privacy laws.
RBUSD shall determine, in its sole discretion, whether such shared information qualifies under FERPA exceptions or equivalent exceptions under California Education Code Sections 49073 and 49076, and handle it accordingly.
Section 9 Indemnification.
a. To the fullest extent permitted by law, the CITY agrees to defend, indemnity, and hold harmless RBUSD from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, and losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, as well as attorney's fees, court costs, and any other costs incurred in relation to, as a consequence of, or arising out of the performance of the CITY's duties and responsibilities of this MOU.
It is understood that the acts and omissions solely related to a child enrolled in the AfterSchool Program for which the CITY agrees to indemnify, defend, and hold harmless RBUSD are only those which occur from the time that each such child is checked in at the CITY's After-School Program and shall continue only until the child is checked out of the After-School Program by a designated individual.
b. To the fullest extent permitted by law, RBUSD agrees to defend, indemnity, and hold harmless CITY from any and all liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, and losses, expenses, or any injury or damage of any kind whatsoever, whether actual, alleged or threatened, as well as attorney's fees, court costs, and any other costs incurred in relation to, as a consequence of, or arising out of the performance of RBUSD's duties and responsibilities in this MOU. c. This provision shall survive termination or expiration of this MOU. 5 Section 10 Insurance.
a. While it is acknowledged that the CITY is presently self-insured up to $500,000.00, the CITY agrees to provide general liability insurance, insuring RBUSD against all claims and demands for bodily injury and property damage with respect to all services, duties, and responsibilities arising out of, or in connection with, the terms of this MOU. b. RBUSD agrees to provide general liability insurance, insuring CITY against all claims and demands for bodily injury and property damage with respect to all services, duties, and responsibilities arising out of, or in connection with, the terms of this MOU. c. The insurance provided by each party shall maintain limits (above each party's selfinsured retention) of no less than $2,000,000.00 per occurrence for bodily injury, personal injury, and property damage and $4,000,000.00 in the aggregate, which shall apply separately. An umbrella policy may be used to provide additional liability coverage, so long as the combined General Liability coverage (General Liability and umbrella) is at least $2,000,000.
Section 11 Reserved.
Section 12 General Provisions.
a. Notices. Any notices or reports relating to this MOU, and any request, demand, statement or other communication required or permitted hereunder shall be in writing and shall be delivered to the Representative of the PARTY at the address set forth in Exhibit A.
PARTIES shall promptly notify each other of any change of information. Written notice shall include notice delivered via email or fax. A notice shall be deemed to have been received on (1) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by email; or (2) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit A.
b. Administration. For the purpose of this MOU, the PARTIES hereby designate as their respective Party Representatives the persons named in Exhibit B. The designated Party Representatives, or their respective designees, shall administer the terms and conditions of this MOU on behalf of their respective Party. Each of the persons signing below on behalf of a Party represents and warrants that they are authorized to sign this MOU on behalf of such Party.
c. Relationship to PARTIES. The PARTIES are and shall remain at all times as to each other, wholly independent entities. No PARTY to this MOU shall have power to incur any debt, obligations, or liability on behalf of another PARTY unless expressly provided to the contrary by this MOU. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee or officer of another PARTY. d. Binding Effect. This MOU shall be binding upon and inure to the benefit of each PARTY to this MOU and their respective heirs, administrators, representatives, successors and assigns.
6 e. Amendment. The terms and provisions of this MOU may not be amended, modified or waived, except by an instrument in writing signed by all the PARTIES. f. Waiver. Waiver by any PARTY to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOU shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.
g. Assignment Prohibited. No PARTY may assign its respective rights or obligations under this MOU without the prior written consent of the other PARTIES. h. Law to Govern; Venue. This MOU shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the PARTIES, venue in the state trial courts shall lie exclusively in the County of Los Angeles. i. No Presumption in Drafting. The PARTIES to this MOU agree that the general rule that an MOU is to be interpreted against the PARTY drafting it, or causing it to be prepared, shall not apply.
j. Entire Agreement. This MOU constitutes the entire agreement of the PARTIES with respect to the subject matter hereof and supersedes all prior contemporaneous agreements, whether written or oral, with respect hereto. k. Severability. If any term, provision, condition or covenant of this MOU is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU shall be not be affected thereby and this MOU shall be read and constructed without the invalid, void, or unenforceable provision(s). l. Force Majeure. Neither Party will be liable for any failure or delay in performing an obligation under this MOU that is due to any of the following causes (which causes are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control:
acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, labor strikes, natural catastrophes, governmental acts or omissions, changes in laws or regulations, fire, explosion; provided that the Parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic, which is ongoing as of the date of the execution of this MOU.
m. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOU.
n. All PARTIES have been represented by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU shall be construed according to its fair language.
IN WITNESS WHEREOF, the PARTIES hereto have caused this MOU to be executed by their duly authorized representative and affixed as of the date of signature of the PARTIES. [SIGNATURES ON FOLLOWING PAGES]
6 CITY OF REDONDO BEACH
Date: _____________________________ By: _____________________________ James A. Light
Mayor
ATTEST:
By: _____________________________
Eleanor Manzano
City Clerk
APPROVED AS TO FORM
By: _____________________________
Joy A. Ford
City Attorney
7 REDONDO BEACH UNIFIED SCHOOL DISTRICT
Date: _____________________________ By: _____________________________ Dan Elder
Board President
ATTEST:
By: _____________________________
Nicole Wesley, Ed.D.
Superintendent of Schools
APPROVED AS TO FORM
By: _____________________________
Joseph D. Larsen
Counsel for RBUSD
8 EXHIBIT A
City of Redondo Beach
415 Diamond Street
Redondo Beach CA 90277
Attention: City Manager
Redondo Beach Unified School District
1401 S. Inglewood Avenue
Redondo Beach, CA 90278
Attention: Office of Administrative Services
9 EXHIBIT B
FOR THE CITY:
City of Redondo Beach
Community Services Department
1922 Artesia Boulevard
Redondo Beach, CA 90278
Attention: Elizabeth Hause, Community Services Director FOR RBUSD:
Redondo Beach Unified School District
1401 S. Inglewood Avenue
Redondo Beach, CA 90278
Attention: Anthony Taranto, Ed.D., Executive Director of Student Services, Redondo Beach Unified School District