HomeMy WebLinkAboutReso 93-2020 (20-498)Cit of South San Francisco
• Y
P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
• City Council
Resolution: RES 93-2020
File Number: 20-498 Enactment Number: RES 93-2020
RESOLUTION APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
SOUTH SAN FRANCISCO UNIFIED SCHOOL
DISTRICT CLARIFYING ROLES AND
RESPONSIBILITIES RELATED TO CITY -OPERATED
CHILDCARE PROGRAMS ON SCHOOL CAMPUSES.
WHEREAS, the City of South San Francisco ("City") and South San Francisco Unified School District
("District") reauthorized a Joint Use Agreement in 2008 for a 20 -year term; and
WHEREAS the Joint Use Agreement serves as a mutually beneficial arrangement that allows for
reciprocal use of facilities and services, typically at no cost to either party; and
WHEREAS, this Joint Use Agreement provides the City with the authority to operate Childcare
programs on District campuses; however, in 2016, the City and District entered into a Memorandum of
Understanding ("MOU") for Childcare programs to further define the relationship and responsibilities of
each agency related to City -operated before and after school licensed recreation programs, City -operated
After School Education and Safety (ASES) grant -funded programs, and City -operated Summer Camp
programs, which operate on school campuses; and
WHEREAS, the MOU places additional responsibilities and obligations on each agency in connection
with the City's use of District's facilities, and in no way replaces or supersedes the requirements and
obligations under the prevailing Joint Use Agreement already in place; and
WHEREAS, the City and District desire to extend the MOU by a term of one year with minor updates
reflecting the additional classrooms used by the City at Ponderosa Elementary School and Buri Buri
Elementary School.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby
approves the revised MOU as attached hereto as Exhibit A and incorporated herein, and authorizes the
City Manager to execute the revised MOU between the City of South San Francisco and South San
Francisco Unified School District clarifying roles and responsibilities related to City -operated childcare
programs on school campuses, in substantially the same form as that attached in Exhibit A and subject to
approval as to form by the City Attorney.
City of South San Francisco Page 1
File Number: 20-498
Enactment Number: RES 93-2020
At a meeting of the City Council on 7/22/2020, a motion was made by Vice Mayor Addiego, seconded by
Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by
iosa Govea Acosta, City Clerk
City of South San Francisco Page 2
Memorandum of Understanding Between the City of South San Francisco and
South San Francisco Unified School District Regarding
City-Operated Childcare Program/Before and After School Program
1
This Memorandum of Understanding (“MOU”) is made and entered into as of _____________________ by and
between the City of South San Francisco (“City”), a municipal corporation, and the South San Francisco Unified
School District (“District”), herein collectively referred to as the “Parties,” to define their relationship and
responsibilities in connection with City-operated before- and after-school recreation programs (“City
Programs”), City-operated After School Education and Safety (“ASES”) programs, and a City-operated Summer
Camp program on school campuses.
Section 1. Recitals
Whereas, the City and the District entered into an Agreement Authorizing the Joint Use of City and District
facilities (“Joint Use Agreement”) on March 1, 2008;
Whereas, this MOU places additional responsibilities and obligations on the Parties in connection with the City’s
use of District’s facilities for the provision of City-operated before- and after-school recreation programs (“City
Programs”), City-operated After School Education and Safety (“ASES”) programs, and a City-operated Summer
Camp program;
Whereas, this MOU in no way replaces or supersedes the requirements and obligations under the Joint Use
Agreement already in place;
Whereas, the City operates four (4) licensed City Programs for the benefit of its citizens at Buri Buri, Monte
Verde, Ponderosa, and Spruce Elementary Schools; two (2) ASES programs at Los Cerritos and Martin
Elementary Schools; and a Summer Camp program for local, elementary school-aged children, and desires to
preserve the operations of such programs;
Whereas, the ASES Programs are a collaborative State-funded venture;
Whereas, the City Programs operate from 7:30 a.m. to 6:00 p.m. as indicated on the site license, and Summer
Camp also operates from 7:30 a.m. to 6:00 p.m.;
Whereas, the ASES programs operate from school dismissal time (including kindergarten dismissal time, early
release, and minimum day schedules) to 6:00 p.m.;
Whereas, the City Programs and ASES programs operate in accordance with the SSFUSD school year days of
operation calendar;
Whereas, the City and the District mutually agree that the City Programs, ASES programs, and Summer Camp are
valued community programs which should be preserved; and
Attachment 1 - Childcare MOU update 7-2020
Updated sections are highlighted in yellow
Memorandum of Understanding Between the City of South San Francisco and
South San Francisco Unified School District Regarding
City-Operated Childcare Program/Before and After School Program
2
Whereas, the District owns the property where the City Programs, ASES programs, and Summer Camp program
are sited and desires to continue making its properties available to the City for these programs;
Now, therefore, the parties hereto mutually agree as follows:
Section 2. Program Sites
A. City Programs—District shall provide sole use of the classrooms, multi-use rooms, bathrooms, and
outdoor areas identified below.
1. District shall provide three (3) classrooms/portable classrooms at Buri Buri Elementary School
(Portable #1, 2 and exploratorium).
2. District shall provide one (1) classroom/portable classroom at Spruce Elementary School (#1).
3. District shall provide four (4) classrooms/portable classrooms (Portables #18, 19, 20, and 21) and
one (1) multi-use room at Ponderosa Elementary School.
4. District shall provide three (3) classrooms/portable classroom (#1, 2, and 23) and one (1) multi-use
room at Monte Verde Elementary School.
5. District shall provide bathrooms, outdoor space, and campus access during the City Programs’
operational hours.
a. City Programs operate in accordance with the SSFUSD school year days of operation
calendar.
b. During days of operation, City Programs operate from 7:30 a.m. to 6:00 p.m.
6. For all City Programs, District shall provide keys and alarm codes for the relevant facilities when
needed.
7. District shall provide outdoor areas that meet licensing regulations and the licensed daily capacity of
the City’s four (4) licensed programs at Buri Buri, Monte Verde, Ponderosa and Spruce Elementary
Schools.
a. The City will make the District aware of any changes that need to be made to the outdoor
areas as a result of changes in the licensing regulations. The District will perform the work
and be reimbursed by the City.
B. ASES Programs—District shall provide exclusive use of classrooms, multi-use rooms, bathrooms, and
outdoor areas identified below for the operation of the ASES program for the duration of the State-
funded grant.
1. District shall provide one (1) classroom and one (1) multi-use room at Los Cerritos Elementary
School.
2. District shall provide one (1) classroom and one (1) multi-use room at Martin Elementary School.
3. District shall provide bathrooms, outdoor space, and campus access at the relevant facilities
during the ASES programs’ operational hours.
Attachment 1 - Childcare MOU update 7-2020
Memorandum of Understanding Between the City of South San Francisco and
South San Francisco Unified School District Regarding
City-Operated Childcare Program/Before and After School Program
3
a. ASES programs operate in accordance with the SSFUSD school year days of operation
calendar.
b. During days of operation, ASES programs operate from school dismissal time (including
kindergarten dismissal time, early release, and minimum day schedules) to 6:00 p.m.
4. For all ASES programs, District shall provide keys and alarm codes at the relevant facilities when
needed.
5. District shall provide reasonable Principal and Teacher time to support the program.
C. Summer Camp—District shall provide exclusive use of classrooms, multi-use room, bathrooms, and
outdoor areas identified below at Ponderosa Elementary School or another identified site if Ponderosa
Elementary School is not available for the City-operated Summer Camp program.
1. For Summer Camp, any requests on the part of the District or City to change the location of the
Summer Camp program to a site other than Ponderosa Elementary school shall be made no
later than January 15 for the year’s upcoming Summer Camp program.
2. District shall provide seven (7) classrooms/portable classrooms and one (1) multi-use room.
3. District shall provide bathrooms, outdoor space, and campus access during the City Programs’
operational hours.
a. Summer Camp typically operates Monday through Friday from 7:30 a.m. to 6:00 p.m. for
ten consecutive weeks with start and end dates, and Summer Camp closure on holidays,
to be negotiated between the City and District as indicated in Section 3 – Use of
Facilities During School Breaks.
b. During days of operation, Summer Camp operates from 7:30 a.m. to 6:00 p.m.
4. For Summer Camp, District shall provide keys for the relevant facilities when needed.
5. For the custodial supplies used during the Summer Camp, the City shall purchase its own to use
at the District facility.
D. Custodial Services/Facility Maintenance
1. As required by the State grant for the ASES programs, District shall provide custodial services for the
classrooms, multi-use rooms, bathrooms, and outdoor space used for the ASES programs including
all cleaning, maintenance, and repair.
2. City shall provide custodial services for classrooms/portable classrooms identified for use by City
Programs in Section 2A, above.
3. City shall provide custodial services for multi-use rooms and bathrooms used for City Programs
when said rooms are exclusively used for City Programs.
4. For Summer Camp, City shall provide custodial services for classrooms/portable classrooms, multi-
use rooms, and bathrooms exclusively used for Summer Camp.
5. District shall provide facility maintenance and capital repairs to the classrooms/portable classrooms
used for City Programs, ASES programs, and Summer Camp in conjunction with District’s obligations
outlined in Section 9 and Section 13 of the Joint Use Agreement.
Attachment 1 - Childcare MOU update 7-2020
Memorandum of Understanding Between the City of South San Francisco and
South San Francisco Unified School District Regarding
City-Operated Childcare Program/Before and After School Program
4
Section 3. Use of Facilities During School Breaks
The City will obtain approval from the District and/or the school principals of sites to use District classrooms and
facilities for City Programs and Summer Camp on non-school days and school breaks. Such approval will not be
unreasonably withheld.
Section 4. Expansion of Programs
A. Sites with Existing City Program
If the District determines that a new program or an expansion of an existing program is needed to serve
the needs of the families at a school site where City already operates a program, District will offer City
the opportunity to develop a new program or expand an existing program to serve the unmet needs.
District may not procure services from another “before- or after-school program-provider” at school
sites where the City currently operates programs during the term of this MOU, unless this MOU has
been terminated for cause.
B. Timely Request
District shall make new program or expansion requests to the City in a timely manner with sufficient
time for budgeting and curriculum planning. Such requests shall be made no later than January 31 for
the following school year for inclusion in the City’s budget process. Later requests may be considered,
but must be approved by the Director of Parks and Recreation and the City Manager, authorized by the
City Council, and be funded by budget amendment.
C. Provision of Facilities
When City receives a new program or expansion request, such request must be approved by the
Director of Parks and Recreation, City Manager, and City Council, as above. If the new program or
expansion request is approved, the District must provide necessary facilities to accommodate the new
program or increase in capacity at requested site.
Section 5. Evaluation
There shall be periodic meetings of City and District representatives to discuss and evaluate the relationship
created under this MOU and how it affects activities offered by the City and District. Such meetings shall take
place no less than once a year. If during the term of this MOU, City and District determine that they desire a
change to the relationship, such change must be memorialized as an amendment to this MOU in accordance
with Section 7C below.
Attachment 1 - Childcare MOU update 7-2020
Memorandum of Understanding Between the City of South San Francisco and
South San Francisco Unified School District Regarding
City-Operated Childcare Program/Before and After School Program
5
Section 6. Term and Termination
A. Term
This MOU shall commence on the Effective Date and expire one (1) year thereafter, unless earlier
terminated pursuant to Section 6B.
B. Termination
This MOU may be terminated for a material breach of a provision of this MOU and for other good cause.
In event of breach, the non-breaching party must give the breaching party written notice of and a
reasonable opportunity to cure the breach. Loss of licensing constitutes good cause for termination.
Section 7. Miscellaneous Terms
A. Waiver: No failure on the part of either party to exercise any right or remedy hereunder shall operate as
a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or
default under this MOU constitute a continuing waiver of a subsequent breach of the same or any other
provision of this MOU.
B. Governing Law: This MOU, regardless of where executed, shall be governed by and construed to the
laws of the State of California. Venue for any action regarding this MOU shall be in the Superior Court of
the County of San Mateo.
C. Amendment: No modification, waiver, mutual termination, or amendment of this MOU is effective
unless made in writing and signed by both the City and the District.
D. Disputes: In any dispute over any aspect of this MOU, the prevailing party shall be entitled to
reasonable attorney’s fees and costs.
E. Severability: If at any time, any clause of this MOU is found to be unenforceable, all other clauses will
remain in full force and effect.
F. Notices: All notices, given hereunder, shall be in writing and shall be deemed to have been given if
personally delivered or deposited in the US mail postage prepaid, certified or registered, return receipt
requested, and addressed to the other party as follows or as otherwise designated by written notice
hereunder from time to time.
Attachment 1 - Childcare MOU update 7-2020
Memorandum of Understanding Between the City of South San Francisco and
South San Francisco Unified School District Regarding
City-Operated Childcare Program/Before and After School Program
6
IN WITNESS THEREOF, the City of South San Francisco and the South San Francisco Unified School District have
executed this Agreement as of the date indicated on page one (1).
CITY OF SOUTH SAN FRANCISCO
By Mike Futrell,
City Manager,
City of South San Francisco
SOUTH SAN FRANCISCO UNIFIED SCHOOL
DISTRICT
By
Superintendent,
South San Francisco Unified School District
Signature _______________________
Date:___________________________
Signature _______________________
Date:___________________________
2677731.1
Attachment 1 - Childcare MOU update 7-2020