CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services X-+►°J Sarah Martinez, Community Services Supervisor
FOR: City Council Meeting of September 25, 2023
SUBJECT: Memorandum of Understanding - S.T.A.R.S. Program RECOMMENDATION:
That the 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.
DISCUSSION:
YCJUSD has been tasked with providing ELO-P for the 2023/2024 academic year, which is the second year in a row. With the passage of Senate Bill 129, Assembly Bill 130 and 167, local agencies must operate the ELO-P pursuant to the requirements in California Education Code Section 46120. In addition, the ELO-P provides funding for after school enrichment programs for transitional kindergarten through sixth grade.
The current S.T.A.R.S. Program meets all requirements listed in the attached MOU. The MOU includes providing the S.T.A.R.S. before and/or after school programming at Calimesa Elementary, Chapman Heights 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, 2023 - July 31, 2024. Execution of the MOU will provide an additional resource to parents of the YCJUSD.
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:
1. Memorandum of Understanding - S.T.A.R.S. Program
Approved by:
ATTACHMENT 1
CMOP n
7 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, 2023, between the Yucaipa-Calimesa Joint Unified School District ("DISTRICT"), and the City of Yucaipa ("CITY"), for the purpose of providing Expanded Learning Opportunities Program (ELO-P) consistent with Education Code Section 46120-ELO-P programs beginning in the 2023-24 school year.
1. The parties hereby agree to the following terms:
A. 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).
B. DISTRICT is contracting with the City of Yucaipa, 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. CITY will provide after school services Monday — Friday on regular calendar school days immediately after school until 6:00 p.m. The times will be established by each school principal. The term of this MOU is from August 8, 2023 —June 30, 2026, co -terminus with and subject to the DISTRICT'S receipt of an ELOP-P funding and is subject to all provisions of the ELO-P pursuant to Education Code Section 46120 cited above as well as any subsequent contract modifications or additional requirements by the CDE or legislative update. If this MOU differs from the provisions of ELO-P, then this MOU governs the understanding between the DISTRICT and CITY.
C. Consistent with ELO-P provisions, DISTRICT contracts with CITY to operate before and /or after school programs at ten DISTRICT school sites (named above), contingent upon the CITY base enrollment ratio. CITY will supply the staff, materials, management, and supervision, and volunteer recruitment for these sites. In addition, CITY will work collaboratively with the DISTRICT on governance, operational management, and program evaluation. CITY agrees to provide a high -quality program in keeping with the guidelines established by the CDE, the DISTRICT, and CITY for this grant. Any deficiencies in CITY's performance, as determined by the DISTRICT, will be mutually reviewed with the CITY; with the DISTRICT reserving the right to take appropriate measures to address the deficiencies.
2. CITY will provide the following in support of the ELO-P program:
A. 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.
B. Hire, train, and supervise site staff, including two specialists, one coordinator, one supervisor, and other part-time program staff. Complete employee probationary and year-end performance evaluations with written input from school site principals, including recommendations for retraining and terminating a site coordinator and/or other site staff.
C. Provide workers' compensation insurance for CITY employees and agents as required by law.
CITY shall comply with all federal, state, and local laws and ordinances applicable to the work to be performed under this MOU.
D. Shall comply with the requirements of the 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, CITY is either notified by the Department of Justice or otherwise becomes aware that any employee of CITY 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, CITY agrees to immediately notify the DISTRICT and remove said employee from performing services related to this MOU.
E. Provide all materials, tools, and instrumentalities required to perform the services under this MOU.
F. Participate in all cross training for site coordinators and site staff.
G. Complete site emergency plans and related staff training, including quarterly site emergency drills with students.
H. Maintain ongoing communication between CITY 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 the 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 a minimum of one parent night (can be in conjunction with school -based activities).
K. 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 CITY in accordance with CDE guidelines and CDE due dates.
L. Regularly attend and participate in monthly governance and operations meetings.
M. 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.
N. Conduct and provide documentation and findings of annual independent audits, in accordance with CDE requirements.
3. Inconsideration of satisfactory provision of the above activities, and in accordance with provisions of the ELO-P provisions, the DISTRICT will compensate CITY for services according to the following:
A. CITY will be reimbursed the tuition fee for qualifying students attending the CITY program with satisfactory documentation of actual attendance in the CITY program.
B. CITY will be reimbursed for the full-time staff salaries for the following positions, two Community Services Specialist positions, one Community Services Coordinator position, .5 of the Community Services Supervisor position, and .25 of the Community Services Recreational Superintendent position.
C. CITY will invoice the DISTRICT by the 15`h 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 CITY expenses and is not liable for any expenses not funded by ELO-P funds.
D. 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. CITY agrees to supply the DISTRICT with all reporting information required by the CDE or U.S. Department of Education in a timely manner and in advance of any deadlines.
E. The DISTRICT will provide CITY with complete copies of all pertinent grant -related reports and communication within five working days of submission to CDE.
F. CITY will provide monthly attendance reports to the DISTRICT by the 15`h of the month for the previous month of the program, in conjunction with the invoice.
G. DISTRICT will provide CITY with access to and use of DISTRICT facilities as deemed necessary by the DISTRICT to meet the terms of this MOU.
4. CITY is, and shall always, 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 contained herein shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CITY or any CITY's agents or employees. CITY assumes exclusively 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.
5. CITY, 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. CITY 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 whatsoever, concerning CITY or any employee and shall further indemnify, pay for the defense of, and hold harmless DISTRICT of and from any such payment or actions, employees and causes of and from actions any of and all whatsoever liabilities, kind, claims, nature, debts, or sort damages, which demands, suits, actions, and causes of actions regarding acts and /or omissions in rendering any services hereunder.
6. Insurance Requirements: The DISTRICT and CITY shall each procure and maintain, for the duration of this MOU, insurance against claims for injuries to persons or damages to property that may arise from or in connection with their operations.
A. Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
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ii. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Vendor has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
B. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:
The DISTRICT, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CITY including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CITY'S insurance at least as broad as ISO Form CG 2010.
C. Primary Coverage: For any claims related to this MOU; the CITY'S insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the DISTRICT, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the DISTRICT, its officers, officials, employees, or volunteers shall be excess of the DISTRICT'S insurance and shall not contribute with it.
D. Notice of Cancellation: DISTRICT shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, CITY shall forthwith obtain and submit proof of substitute insurance.
E. Waiver of Subrogation: CITY hereby grants to DISTRICT a waiver of any right to subrogation which any insurer of said CITY may acquire against the DISTRICT by virtue of the payment of any loss under such insurance. CITY agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the DISTRICT has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the DISTRICT for all work performed by the CITY, its employees, agents and subcontractors.
F. Verification of Coverage: CITY shall furnish the DISTRICT with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to DISTRICT before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the CITY'S obligation to provide them. The DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
G. Subcontractors: CITY shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and CITY shall ensure that DISTRICT is an additional insured on insurance required from subcontractors.
H. Special Risks or Circumstances: DISTRICT reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. Indemnification:
A. Indemnification by City: To the fullest extent permitted by law, CITY shall indemnify, defend (with legal counsel approved by DISTRICT, which DISTRICT approval shall not be unreasonably withheld), and hold harmless DISTRICT, DISTRICT'S governing board, and DISTRICT'S elected and appointed officials, employees, officers, and agents (collectively "DISTRICT Indemnitees "), from and against losses, liabilities, claims, actions, damages, costs or expenses (including but not limited to attorney's fees), of any nature for loss or damage to property or injury or death to persons, arising in any manner directly or indirectly, by reason of any negligent or wrongful acts, errors or omissions of CITY, CITY'S City Council, and/or CITY'S elected or appointed officials, employees, officers, and/or agents relating to the performance of this MOU, whether made during or after the term of this MOU, except that CITY shall have no duty to defend, indemnify or hold harmless DISTRICT'S Indemnitees, or any of them, for any of the following:
i. Any losses, liabilities, claims, actions, damages, costs, expenses to the extent caused by or arising out of the sole negligence or willful misconduct of DISTRICT'S Indemnitees, or any of them; or
ii. Any losses, liabilities, claims, actions, damages, costs or expenses caused by or arising out of or related to failure or refusal of DISTRICT Indemnitees, or any of them, to comply with the Americans With Disabilities Act (ADA) and/or any other provision of State or federal law in its performance of this MOU, and/or the operation of any of its programs, services or activities, including but expressly not limited to, any losses, liabilities, claims,
actions, damages, costs, or expenses relating to discrimination, failure to accommodate, or other violation of the ADA; or
iii. Any punitive or exemplary damages imposed against the DISTRICT Indemnitees or any of them.
B. Indemnification by District: To the fullest extent permitted by law, DISTRICT shall indemnify, defend (with legal counsel approved by CITY, which CITY approval shall not be unreasonably withheld), and hold harmless CITY, CITY'S City Council, and each of CITY'S elected officials, appointed officials, employees, officers, and agents (collectively "CITY Indemnitees"), from and against any losses, liabilities, claims, actions, damages, costs or expenses (including but not limited to attorney fees), of any nature for loss or damage to property or injury or death to persons, arising in any manner directly or indirectly, by reason of any negligent or wrongful acts, errors or omissions of the DISTRICT, the DISTRICT'S governing board, and/or the DISTRICT'S elected officials, appointed officials, employees officers, and/or agents, relating to the performance of this MOU, whether made during or after the term of this MOU, except that the DISTRICT shall have no duty to defend, indemnify or hold harmless CITY Indemnitees, or any of them, for any of the following:
Any losses, liabilities, claims, actions, damages, costs, or expenses to the extent caused by or arising out of the sole negligence or willful misconduct of CITY Indemnitees, or any of them; or
ii. Any losses, liabilities, claims, actions, damages, costs or expenses caused by or arising out of or related to the failure or refusal of CITY'S Indemnitees, or any of them to comply with the Americans With Disabilities Act (ADA) and/or any other provision of State or federal law in its performance of this MOU, the operation of any of its programs, services or activities, including but expressly not limited to, losses, liabilities, claims, actions, damages, costs, or expenses relating to discrimination, failure to accommodate, or other violation of the ADA.; or
iii. Any Punitive or exemplary damages imposed against the CITY Indemnitees or any of them.
8. Neither this MOU nor any duties or obligations under this MOU maybe assigned by CITY without the prior written consent of the DISTRICT.
9. DISTRICT agrees to comply with all reasonable requests by CITY and to provide access to all documents reasonably necessary for the performance of CITY duties under this MOU.
10. Termination of MOU:
A. 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. DISTRICT may terminate this MOU by giving written notification to CITY. If at any time during the performance of this MOU, DISTRICT determines, at its sole discretion, to suspend indefinitely the program and CITY's services hereunder by giving 30-day written notification to CITY of its intention to suspend.
B. Either party may terminate this MOU, without cause, on furnishing to the other party at least 90 days written notice of intent to so terminate. In the event that DISTRICT terminates this MOU as described above, CITY shall only be paid for those services rendered to the date of termination. All cash deposits made by DISTRICT to CITY, if any, shall be refundable to DISTRICT in full upon termination of this MOU unless specified to the contrary.
11. This MOU supersedes all MOUs either oral or written, between the parties hereto with respect to the rendering of services by CITY and contains all the covenants and MOUs 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 MOUs, 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 MOU, 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:
A. Changes required by law; and
B. Changes required by CDE/U.S. DOE grant provisions.
12. 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.
13. This MOU shall be governed by and construed in accordance with the laws of the State of California.
14. 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.
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day and year first written.
Yucaipa-Calimesa Joint Unified School District
By:
Dr. Eric Vreeman, Assistant Superintendent, YCJUSD
City of Yucaipa
By:
Justin Beaver, Yucaipa City Mayor
Date: Z)
Date: