Item No. 11
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services N4
Sarah Martinez, Community Services Supervisor )�,-J
FOR: City Council Meeting of August 8, 2022
SUBJECT: Memorandum of Understanding - S.T.A.R.S. Program RECOMMENDATION:
That City Council approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with Yucaipa-Calimesa Joint Unified School District (YCJUSD) for Expanded Learning Opportunities Program (ELO-P) consistent with AB 130 ELO-P.
BACKGROUND:
The City's S.T.A.R.S. (Science, Technology, Art, Recreation for Success) Program began in August 2014 at seven schools in the YCJUSD. The S.T.A.R.S. Program was created and implemented with a focus on education and enrichment -based activities that supported extended learning outside of school hours while on YCJUSD campuses.
S.T.A.R.S. Program services were expanded in the 2017-2021 academic years to include Mesa View Middle School and Transitional Kindergarten services at elementary school sites. Since inception, the S.T.A.R.S. Program has seen continual growth in participation.
During the COVID "shutdown" while schools were closed, S.T.A.R.S. provided an extended program at the Yucaipa Community Center. The program was open to all YCJUSD students and provided support for online at home schooling. This program provided parents/guardians and in particular teachers an opportunity to work during the pandemic.
Following the COVID "shutdown" in March 2020, the S.T.A.R.S. Program adapted and provided onsite distance learning and enrichment -based activities at the Yucaipa Community Center for the remainder of the 2019/2020 academic year as well as the 2020/2021 academic year. The S.T.A.R.S. Program transitioned back to school campuses when students returned for onsite instruction in August 2021.
DISCUSSION:
YCJUSD has been tasked with providing ELO-P for the 2022/2023 academic year. With the passage of Senate Bill 129, Assembly Bill 130 and 167, local agencies must operate the ELO-P -83-
pursuant to the requirements in California Education Code Section 46120. In addition, the ELO-P provides funding for afterschool enrichment programs for transitional kindergarten through sixth grade.
In May 2022, YCJUSD staff met with City staff to discuss the details of partnering with the City to offer the ELO-P through the S.T.A.R.S. Program. The current S.T.A.R.S. Program meets all requirements listed in the attached draft MOU. The draft MOU includes providing the S.T.A.R.S. before and/or after school programming at Calimesa Elementary, Chapman Heights Elementary, Dunlap Elementary, Ridgeview Elementary, Valley Elementary, Wildwood Elementary, Mesa View Middle School and Park View Middle School. The term of the MOU is from August 1, 2022 - July 31, 2023. Execution of the MOU will provide an addition resource to parents of the YCJUSD. With City Council approval staff will continue to work out the details of the MOU with YCJUSD staff and will recruit additional qualified staff to work the S.T.A.R.S. Program.
FISCAL IMPACT:
Per the MOU, YCJUSD will reimburse the City, the S.T.A.R.S. Program fees for qualifying students attending the S.T.A.R.S. Program with satisfactory documentation of actual attendance in the S.T.A.R.S. Program.
Attachment: Draft Memorandum of Understanding - S.T.A.R.S. Program Approved by: zzz;
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Memorandum of Understanding (MOU) By and Between
YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT
and CITY OF YUCAIPA S.T.A.R.S. Program
This Memorandum of Understanding ("MOU") is made on August 8, 2022, between the Yucaipa-Calimesa Joint Unified School District ("DISTRICT"), and the City of Yucaipa S.T.A.R.S. program, a not for profit corporation, for the purpose of providing Expanded Learning Opportunities Program (ELO-P) consistent with AB 130 ELO-P programs beginning in the 2022-23 school year.
The parties hereby agree to the following terms:
DISTRICT shall act as the lead fiscal and administrative agent with the California Department of Education (CDE) for operating an Expanded Learning Opportunities Program (ELO-P).
DISTRICT is contracting with S.T.A.R.S. for provision of comprehensive before and/or after school programming at Calimesa Elementary, Chapman Heights Elementary, Competitive Edge Charter Academy, Dunlap Elementary, Ridgeview Elementary, Valley Elementary, Wildwood Elementary, Mesa View Middle School, Park View Middle School and Yucaipa High School for the ELO-P program. The term of this contract is from August 1, 2022 - July 31, 2023 co -terminus with and subject to the DISTRICT'S receipt of an ELO-P funding and is subject to all provisions of the ELO-P per AB 130 cited above as well as any subsequent contract modifications or additional requirements by the CDE or legislative update. If this MOU differs from provisions of ELO-P, then this MOU governs the understanding between the DISTRICT and S.TA.R.S.
Consistent with ELO-P provisions, DISTRICT contracts with S.T.A.R.S. to operate before and/or after school programs at eight DISTRICT school sites (named above), contingent upon the City of Yucaipa S.T.A.R.S. base enrollment ratio. S.T.A.R.S. will supply the staff, materials, management and supervision, and volunteer recruitment for these sites. In addition, S.T.A.R.S. will work collaboratively with the DISTRICT on governance, operational management, and program evaluation. S.T.A.R.S. agrees to provide a high quality program in keeping with the guidelines established by the CDE, the DISTRICT, and S.T.A.R.S. for this grant. Any shortcomings in S.T.A.R.S.'s performance, as determined by the DISTRICT, will be addressed. The DISTRICT reserves the right to take any measures necessary to address any persistent performance problems.
S.T.A.R.S. will provide the following in support of the ELO-P program:
• Coordinate the academic assistance, homework support and enrichment portions of the ELO-P program at Calimesa Elementary, Chapman Heights Elementary, Competitive Edge Charter Academy, Dunlap Elementary, Ridgeview Elementary, Valley Elementary, Wildwood Elementary, Mesa View Middle School, Park View Middle School, and Yucaipa High School. • Hire, train, and supervise site staff, including the coordinators, site supervisors, and other program staff. Complete employee probationary and year-end performance evaluations with written input from school site principals, including recommendations for retaining and terminating a site coordinator and/or other site staff. • Provide workers' compensation insurance for S.T.A.R.S. employees and agents as required by law.
S.T.A.R.S. shall comply with all federal, state, and local laws and ordinances applicable to the work to be performed under this MOU.
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• Shall comply with the requirements of Education Code Section 45125.1 with respect to background checks of employees who may have contact with the DISTRICT'S pupils. If at any time during the term of this MOU S.T.A.R.S. is either notified by the Department of Justice or otherwise becomes aware that any employee of S.T.A.R.S. performing services under this MOU has been arrested or convicted of a violent or serious felony listed in Penal Code section 667.5(c) or Penal Code section 1192.7, respectively, S.T.A.R.S. agrees to immediately notify the DISTRICT and remove said employee from performing services related to this MOU. • Provide all materials, tools, and instrumentalities required to perform the services under this MOU.
• Participate in all cross training for site coordinators and site staff. • Complete site emergency plans and related staff training, including quarterly site emergency drills with students.
• Maintain ongoing communication between S.T.A.R.S. staff and school staff regarding student needs and progress, including but not limited to attendance at school -day meetings and/or one-on-one meetings with teachers.
• Coordinate ELO-P activities with school staff to assure program supports current academic goals of teachers and administrators. Provide academic assistance and other activities specifically supporting (but not duplicating) daytime curriculum and academic goals. • Foster communication with and involvement of parents through parent orientations, development and distribution of quarterly newsletters, and hosting at minimum one parent night (can be in conjunction with school based activities). • Work with the DISTRICT to implement a comprehensive annual program evaluation plan. As required, attend and participate in evaluation subcommittee meetings. Evaluation plan shall include but not be limited to attendance tracking, collection of teacher, parent and participant surveys, and data entry of survey results. Evaluation will be completed by S.T.A.R.S. in accordance with CDE guidelines and CDE due dates.
• Regularly attend and participate in monthly governance and operations meetings. • Adhere to proper management and fiscal accountability practices including maintaining proper insurance coverage, compliance with employment laws, utilization of an accrual method of accounting, etc.
• Conduct and provide documentation and findings of annual independent audits, in accordance with CDE requirements.
In consideration of satisfactory provision of the above activities, and in accordance with provisions of the ELO-P provisions, the DISTRICT will compensate S.T.A.R.S. for services according to the following:
• S.T.A.R.S. will be reimbursed the tuition fee for qualifying student attending the S.TA.R.S. program with satisfactory documentation of actual attendance in the S.T.A.R.S. program. • S.T.A.R.S. will invoice the DISTRICT by the 15th of each month for the month prior, inclusive of appropriate documentation of all attendance claimed which generated the invoice total. • The DISTRICT is not responsible for any additional S.T.A.R.S. expenses and is not liable for any expenses not funded by ELO-P funds.
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The DISTRICT agrees to submit all reports required by the CDE or U.S. Department of Education in a timely manner and in advance of deadlines. S.T.A.R.S. agrees to supply the DISTRICT with any and all reporting information required by the CDE or U.S. Department of Education in a timely manner and in advance of any deadlines.
• The DISTRICT will provide S.T.A.R.S. with complete copies of all pertinent grant -related reports and communication within five working days of submission to CDE.
S.TA.R.S. will:
• Provide monthly attendance reports to the DISTRICT by the 15th of the month for the previous month of program, in conjunction with invoice.
DISTRICT will provide S.T.A.R.S. with access to and use of DISTRICT facilities as deemed necessary by the DISTRICT to meet the terms of this MOU.
S.T.A.R.S. is, and shall at all times, be deemed to be an independent contractor and shall be responsible for determining the sequence, method, details, and manner in which it performs those services required under the terms of this MOU. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and S.T.A.R.S. or any of S.T.A.R.S.'s agents or employees. S.T.A.R.S. assumes exclusively the responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment.
S.T.A.R.S., its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT'S employees and shall not be considered in any manner to be DISTRICT'S employees.
S.T.A.R.S. shall indemnify and hold harmless DISTRICT and its officers, demands, agents, suits, and actions, employees and causes of and of from actions any of and all whatsoever liabilities, kind, claims, nature, debts, or sort damages, which demands, suits, actions, and causes of actions of whatsoever kind, nature, or sort which may be incurred by reason of S.TA.R.S.'s negligent or willful acts and/or omissions in rendering any services hereunder. S.T.A.R.S. shall assume full responsibility for payments of federal, state, and local taxes or contributions imposed or required under the social security, workers' compensation, or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning S.T.A.R.S. or any employee and shall further indemnify, pay for the defense of, and hold harmless DISTRICT of and from any such payment or liability arising out of or in any manner connected with S.TA.R.S.'s performance under this MOU.
During the entire term of this MOU, S.T.A.R.S. shall procure, pay for and keep in full force and affect the following types of insurance:
1. Comprehensive general liability insurance, including owned and non -owned automobile (vehicle) liability insurance with respect to the services provided by, or on behalf of, S.T.A.R.S. under this MOU. All insurance policies shall state the name of the insurance carrier and name DISTRICT and Southern California Schools Risk Management as additional insureds. Liability insurance for death, bodily injury and property damage shall be for no less than One Million dollars ($1,000,000) per occurrence.
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2. The policies of insurance described in Paragraph 1 above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California. True and correct copies of all certificates of insurance reflecting the coverage required in Paragraph 1 shall be provided to the DISTRICT prior to the commencement of services under this agreement.
S.T.A.R.S. agrees that it shall not cancel or change the coverage provided by the policies of insurance described in Paragraph 1 above without first giving the DISTRICT'S Assistant Superintendent of Business Services, thirty (30) days prior written notice. Should any such policy of insurance be canceled or changed, S.T.A.R.S. agrees to immediately provide DISTRICT true and correct copies of all new or revised certificates of insurance.
Neither this MOU nor any duties or obligations under this MOU may be assigned by S.T.A.R.S. without the prior written consent of the DISTRICT.
DISTRICT agrees to comply with all reasonable requests by S.T.A.R.S. and to provide access to all documents reasonably necessary for the performance of S.T.A.R.S. duties under this MOU.
Unless otherwise terminated as provided below, this MOU shall continue in force during the term of the grant funding period, the mutual revocation of the MOU, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate.
Should S.T.A.R.S. default in the performance of this MOU or breach any of its provisions, DISTRICT may terminate this MOU by giving written notification to S.T.A.R.S.
If at any time during the performance of this MOU DISTRICT determines, at its sole discretion, to suspend indefinitely or abandon the work under this MOU, DISTRICT shall have the right to terminate the performance of S.T.A.R.S.'s services hereunder by giving 30-day written notification to S.T.A.R.S. of its intention to terminate.
In the event that DISTRICT terminates this MOU as stipulated above, S.T.A.R.S. shall only be paid for those services rendered to the date of termination. All cash deposits made by DISTRICT to S.T.A.R.S., if any, shall be refundable to DISTRICT in full upon termination of this MOU unless specified to the contrary.
This MOU supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by S.T.A.R.S. and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this MOU acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this MOU shall be valid or binding. Any modification of this MOU will be effective only if it is in writing, signed by both parties, except DISTRICT may unilaterally amend the MOU to accomplish the changes listed below:
1. Administrative changes; and
2. Changes as required by law; and
3. Changes required by CDE/U.S. DOE grant provisions.
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If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
This MOU shall be governed by and construed in accordance with the laws of the State of California.
Each person executing this MOU warrants that he or she has the authority to so execute this MOU and that no further approval of any kind is necessary to bind the parties hereto. ie
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day and year first written.
Yucaipa-Calimesa Joint Unified School District
By:
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By:
City of Yucaipa
David Avila, Mayor
Printed Name
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Address
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Date