HomeMy WebLinkAboutClovis Unified School District MOU regarding outside Agency Training and Activities on District Premises - 7-1-25C LOV 1 S
SCHOOL DISTRICT
MEMORANDUM OF UNDERSTANDING
REGARDING OUTSIDE AGENCY TRAINING/ACTIVITIES ON DISTRICT PREMISES
COVER
This Memorandum of Understanding Regarding Training/Activities on District Premises
("MOU") is entered into by and between the parties stated below, each of which is referred to
separately as the "Party" and collectively as the "Parties":
"Outside Agency"
Fresno Fire
Department Attn' Billy
Alcorn
911 H Street
Fresno, CA 93721
Phone: 559-321-4000
Email: billy.alcorn@fresno.gov
"District"
Clovis Unified School
District Attn: Denver Stairs
Assistant Superintendent of Facility Services
1450 Herndon Avenue
Clovis, CA 93611-0599
Phone: (559) 327-9260
Email: ❑enverStairs cusd.com
By this MOU, the Outside Agency listed above desires to conduct training or hold other program
activities on the District's premises as set forth in the Contract Conditions and subject to the
terms and conditions of this MOU. District believes that such training or other activities by
Outside Agency as set forth in this MOU benefits the local community, and supports the health,
safety, and well-being of the staff and students and their families and community members.
Therefore, pursuant to Education Code section 17480 and 35160, District desires to enter into
this MOU to allow the Outside Agency to conduct the training or hold other activities as set forth
in this MOU on District's premises.
Any conflict or inconsistency in this MOU shall be resolved by giving precedence as follows-
(1) this Cover, and (2) the Contract Conditions, (3) the Standard Provisions, (4) any exhibit or
attachment stated in this MOU as being a part of this MOU, (5) the Required Submittals, and
(6) other documents that Outside Agency is required to provide to District under this MOU.
Terms with initial capital letter shall have the respective meanings set forth in this MOU. Unless
the context requires otherwise, any reference to a Party in this MOU shall mean the Party and
its governing body, officers, employees, and agents.
In consideration of the covenants, conditions, and promises in and for good and valuable
consideration and the mutual benefits to be derived from this MOU, Outside Agency and District
have reviewed and understand and hereby enter into this MOU. Each person executing this
MOU on behalf of a Party represents that he/she is authorized to execute on behalf of and to
bind the Party to this MOU.
FORM 301 MOU Regarding Training/Activities on District Premises (Doc# 76785-3, 0112024) Page 1 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Fresno County,
California as of the day and year first hereinabove written.
OUTSIDE AGENCY
CITY OF FRESNO, a California municipal
corporation
r
By:
Georhkanne A. White
City nager
I>wz
By:Z_
Billy Alcor
Chief, Fresno Fire Department
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
Daniel E. Casas Date
Deputy City Attorney
ATTEST:
TODD STERMER, MMC
City Clerk
-0 ZS
Deputy Date
" C" �c5f. 2;_'�
DISTRICT
By.-Y
Michael Johnston
Associate Superintendent of
Administrative Services
FORM 303: MOU Regarding Training/Activities on District Premises (Doc# 76785-3, 01/2024) Page 2 of 6
CONTRACT CONDITIONS
1. TERM OF MOU (See Section 1, Standard Provisions)
"Effective Date" (date must be before the first date of use of District Premises):
July 1, 2025
"Termination Date"(date must be after the first date of use of District Premises):
June 30, 2026
2. TRAINING/ACTIVITIES
Outside Agency will be conducting the following training or activities ("Event") at the
District Premises listed in 3 below (describe training or activities to be conducted by
_ Outside Agency): rescue training events using CUSD facilities at various sites.
3. LOCATION AND SCHEDULE OF USE OF DISTRICT PREMISES, AND CHANGE
THERETO
District Premises: Outside Agency will be conducting the training or activities at the
following locations ("District Premises")- Clovis West High School, 1070 E Teague,
Fresno, CA 93720 and other various sites. The Parties' authorized staff may mutually
agree to change the location of the District Premise. Upon at least 48 - hour notice to the
Outside Agency, the District may change the location of the District Premises.
Lease Schedule: The training or activities will be conducted on the following date(s) and
time(s). collectively "Lease Schedule" (the number of days not to exceed 30 separate
or consecutive calendar days in a fiscal year, July 1 through June 30): July 1, 2025
— June 30, 2026, The Parties' authorized staff may, by mutual consent, change the date(s)
and/or time(s) or cancel or add date(s) to the Lease Schedule without a written
amendment to this MOU Upon at least five business day notice to the Outside Agency,
the District may change the date(s) and/or time{s) of the Lease Schedule-
4- PAYMENT AMOUNT AND SCHEDULE. Outside Agency shall pay no monetary
consideration for use of District's Premises during normal business hours. However, if
use is outside of regular business hours, Outside Agency shall pay District for the direct
costs related to Outside Agency's use -of District Premises, which costs shall include the
following and be made payable to Clovis Unified School District and be paid to the District
within 15 days of the Other Agency's use of the District Premises: custodial charges
and/or grounds charges if event warrants overtime. The facility fee listed on the Board
Policy for various venues. _
5. OTHER TERMS AND CONDITIONS (leave blank if none):
FORM 303: MOU Regarding Training/Activities on District Premises (Doc# 76785-3, 01/2024) Page 3 of 6
STANDARD PROVISIONS
SECTION 1 TERM AND TERMINATION OF MOU.
1.1 TERM. This MOU shall be in effect commencing on the Effective Date stated on the
Cover and continue in effect until and including the Termination Date stated on the
Cover ("Term") and, unless this MOU is terminated during the Term in accordance with
Section 1.2 below, shall terminate at 12:00 midnight on the last day of the Term without
any notice or action by either Party.
1.2 TERMINATION OF MOU. A Party, with or without cause, may terminate this MOU
during the Term by giving the other Party written notice at least 30 days before the
effective date of termination of this MOU.
1.3 RIGHTS AND OBLIGATIONS UPON TERMINATION. Upon termination of this MOU
during the Term and to the extent that a Party is obligated to make any payment to the
other Party pursuant to this MOU, such payment shall be made within 30 days of the
effective date of termination of this MOU.
SECTION 2 CONDITIONS OF USE OF DISTRICT PREMISES.
2.1 Use. Outside Agency shall use the District Premises only to conduct the Event stated
on the Cover of this MOU.
2.2 "As Is" Condition. The District Premises are for use by Outside Agency in their "as is"
condition. District makes no representation regarding appropriateness or suitability of
the District Premises for use by Outside Agency.
2.3 Period of Use. Outside Agency shall use the District Premises during the Lease
Schedule as stated on the Cover and such date(s) and time(s) as modified or added by
the Parties or the District pursuant to the provisions set forth on the Cover.
2.4 Compliance with Board Policies. During all times when Outside Agency is using the
District Premises, Outside Agency (including, if applicable, all officers, employees, and
agents) shall comply and shall require all of Outside Agency's invitees, if any, to comply
with District's board policies relating to the use of the District Premises.
2.5 Advertisement/Signage. Any advertisement, posters, and signs that will be posted or
displayed by Outside Agency at the District Premises during the time that Outside
Agency is using it shall be approved by the District in accordance with Board Policy No.
1325 — Advertising and Promotion.
2.6 Kitchen Use. A District kitchen staff must be on duty whenever Outside Agency will be
using any District kitchen and equipment. Labor for District kitchen staff will be
determined based on the necessary labor provided by Outside Agency and the number
of meals to be served. A minimum of two hours will be charged for District kitchen staff.
2.7 Outside AgencyAgengy Equipment. If Outside Agency brings any equipment onto District's
property, Outside Agency shall: (1) be responsible for and properly maintain the
equipment, and (2) cooperate with District to enter District's property to maintain, move,
and/or remove the equipment.
2.8 Damage, Destruction. Waste. and Other Prohibited Use. Outside Agency shall not
commit any of the following upon or from the District Premises or any District property:
(a) damage or destroy any portions of; (b) commit any waste upon or place any loads
upon the floor, walls, or ceiling that endanger any structure of; or (c) commit any
discharge, leakage, spillage, or pollution. No alcoholic beverages shall be served at the
District Premises or any District property.
FORM 303: MOU Regarding Training/Activities on District Premises (Doc# 76785-3, 01/2024) Page 4 of 6
STANDARD PROVISIONS
2.9 Set-up. If Outside Agency desires to set up before training or other activities are
conducted, Outside Agency shall communicate and coordinate with the school principal
or designee.
2.10 Cleanup . After Outside Agency's use of the District Premises, Outside Agency shall
clean and return the District Premises to the condition that it was in before Outside
Agency's use. District may charge Outside Agency for the cleanup costs if District staff
are required to clean up the District Premises.
SECTION 3 PAYMENT. Consideration for Outside Agency's use of District Premises is in the form
of benefits to the local community, and the support for the health, safety, and well-being of staff
and students and their families and community members. Outside Agency shall pay District for
direct costs as stated on the Cover related to Outside Agency's use of District Premises.
SECTION 4 INSURANCE AND INDEMNITY.
4.1 INSURANCE. Before Outside Agency may use the District Premises ("District
Premises"), Outside Agency shall provide written proof of commercial general liability
insurance that provides, at a minimum, coverage for bodily injury and property damage
during or relating to the Event with coverage of not less than $1,000,000 per occurrence
and $2,000,000 aggregate naming the Clovis Unified School District and its Governing
Board and members thereof, officers, employees, and agents as additional insureds.
This insurance shall be maintained throughout the Term. Any such insurance shall
provide that it applies on a primary basis to any insurance, self-insurance, or other risk
financing under which the Clovis Unified School District is a covered party or an insured.
4.2 INDEMNITY AND DEFENSE OBLIGATIONS. To the fullest extent permitted by law,
Outside Agency shall defend, through counsel approved by the District, indemnify, and
hold harmless the District and its governing board and members thereof, officers,
employees, and agents (collectively "District Personnel") from and against any and all
claims, demands, lawsuits, causes of action, actions, damages, liability, judgments and
expenses, whether actual or alleged, arising out of or relating to this MOU, including but
not limited to the following: (1) damages, losses, judgments, obligations and expenses
and costs, including but not limited to, attorney's fees, expert's fees, and court costs;
(2) injuries to or death of any person; (3) damage, loss, loss of use, or destruction of
any facilities, furnishings, equipment, or other property of the District Personnel or third
parties; and (4) compensatory damages, statutory and/or regulatory fines or penalties,
and extra -contractual liability (collectively "Loss"), excepting only Loss resulting from
the sole negligence of the District and/or District Personnel. Outside Agency's
obligations and liabilities to the District Personnel under this paragraph are not limited
to or by any insurance that Outside Agency maintains but shall apply to the fullest extent
permitted by law without regard to whether Outside Agency's insurance provides
coverage for the obligations and liabilities. Such obligations and liabilities shall extend
beyond the Term for any Loss that occurred during, arose out of, or are related to the
Event, this MOU, or Outside Agency's use of the District Premises. District Personnel
agree that this Agreement shall in no way act to abrogate or waive any immunities
available to Outside Agency under the Tort Claims Act of the State of California or
California Government Code section 810 et seq.
FORM 303: MOU Regarding Training/Activities on District Premises (Doc# 76785-3, 01/2024)
Page 5 of 6
STANDARD PROVISIONS
SECTION 5 GENERAL PROVISIONS.
5.1 ENTIRE AGREEMENT, EXECUTION, AMENDMENT, AND WAIVER. This MOU is a
complete and exclusive statement of the Parties' agreement under Code of Civil
Procedure section 1856. The Parties may execute this MOU and any amendment in
counterparts such that each Party's signature is on a separate page. A copy or an
original of this MOU or an amendment with the Parties' signatures, whether original or
transmitted by electronic means, shall be deemed a fully executed contract. The Parties
shall cooperate fully in the execution of any and all other documents and in the
completion of any additional actions that may be necessary or appropriate to give full
force and effect to this MOU. The Parties may amend or waive any provision of this
MOU only by a writing executed by them.
5.2 INTERPRETATION; APPLICABLE LAWS AND TIME ZONE; VENUE;
SEVERABILITY; AND SURVIVAL OF TERMINATION. If there is uncertainty of any
language in this MOU, the Parties agree that Civil Code section 1654 shall not apply to
interpret the uncertainty. The language of this MOU shall be interpreted according to its
fair meaning and not strictly for or against any Party and under California laws without
giving effect to California's choice of law provisions that may result in the application of
the laws of another jurisdiction. All dates and times stated in this MOU shall be according
to Pacific Time. All causes of action, actions, lawsuits, and proceedings arising out of,
resulting from, or relating to this MOU shall be adjudicated in state or federal court in
Fresno County, California, provided that District does not hereby waive any immunity to
suit. If a court of competent jurisdiction holds any provision of this MOU void, illegal, or
unenforceable, this MOU shall remain in full force and effect and shall be interpreted
as though such invalidated provision is not a part of this MOU and the remaining
provisions shall be construed to preserve the Parties' intent in this MOU. Any provision
in this MOU that by its nature applies after, or is specifically stated to survive, the
termination of this MOU shall survive the termination of this MOU.
5.3 ASSIGNMENT AND TRANSFER. Without the District's prior written consent, which
consent shall be obtained from the Assistant Superintendent of Facility Services or
designee, Outside Agency shall not assign or transfer to any other person or entity any
or all of its obligations and/or rights under this MOU, including by operation of law or
change of control or merger.
5.4 NOTICES. Except as specifically stated otherwise in this MOU in which case such
provision shall govern to the extent provided therein, each Party shall give any notices,
demands, and all other communications required or permitted under this MOU in writing
and by one of the following methods to the other Party at its address and/or email stated
on the Cover, delivery to be effective upon receipt thereof by the other Party: (A) hand
delivery; (B) sent by a reputable overnight courier service that tracks the delivery; (C)
sent by certified mail, return receipt requested, postage prepaid; or (D) sent by regular
mail and transmitted by e-mail; and, if to District, a copy of any notice and demand b
email to: General Counsel at le al cusd.com. A Party may change its contact person
and/or contact information stated on page 1 by notifying in writing the other Party of the
change and the effective date thereof in accordance with this Section. The provisions of
this Section shall survive the termination of this MOU.
FORM 303: MOU Regarding Training/Activities on District Premises (Doc# 76785-3, 01/2024) Page 6 of 6