Colton Joint Unified School District-2021-36 aaa (- 3a
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Colton Joint Unified School District ,�sj�4
Frank Miranda,Ed.D.,Superintendent o; '1 '
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Rick Jensen,Assistant Superintendent,Business Services ;a
BOARD OF EDUCATION
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Mr. Dan Flores,President Commitment to Equal Opportunity
Mrs.Bertha Arreguin, Vice-President
Mrs.Joanne E.Thoring-Ojeda, Clerk fteti
Mr. Israel Fuentes Jr. �
Mrs.Patt Haro ED
Mr.Frank A.Ibarra AUG r
Ms.Berenice Sandoval 3 2021
Crry ocr, EGUNDAu August 13, 2021 RKSbE TE
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Mr. Michael Milhiser
Interim City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Re: One(1)Year Extension of the Memorandum of Understanding Between the Colton Joint Unified
School District and the City of Grand Terrace Regarding the Crossing Guard
Dear Mr. Milhiser:
Please accept this letter as the Colton Joint Unified School District's written notice of intent to extend the
Memorandum of Understanding(MOU)between the Colton Joint Unified School District and the City of
Grand Terrace regarding the crossing guard services provided by All City Management Services at the
intersection of Barton and Michigan for Grand Terrace Elementary School. The extension of the MOU, which
was approved by the Board of Education on July 18, 2019, states the City of Grand Terrace funds the full cost
associated with the crossing guard services.
According to Section 8 -Term of the Agreement, the term may be extended for an additional one (1)year term,
for up to four Additional Terms, upon the mutual agreement of the Parties. The Parties must give each other
written notice of intent to extend this MOU at least thirty (30)days prior to the conclusion of the term and each
additional term.
If you have questions or concerns, please do not hesitate to contact me at(909) 580-6600.
Sincere! T,
Ric Je{ise
Assista uperintendent, Business Services Division
1212 Valencia Drive,Colton,CA 92324-1798—(909)580-5000
2021-22 City of Grand Terrace/All City Management Services Crossing Guard Services
No. - _.City School: Intersection Time Anninal
: . .. . : . _ ' Cost -
1 Grand Grand Barton& 6:55 a.m.-7:55 a.m. $17,208
Terrace Terrace Michigan Monday through Friday
Elementary
1:40 p.m.-2:25 p.m.
Monday/Tuesday/Thursday/Friday
12:15 p.m.-1:00 p.m.
Wednesday/Minimum Day
Total $17,208
MEMORANDUM OF UNDERSTANDING BETWEEN COLTON JOINT UNIFIED
SCHOOL DISTRICT AND CITY OF GRAND TERRACE REGARDING CROSSING
GUARDS
THIS MEMORANDUM OF UNDERSTANDING ("MOU") between the Colton Joint
Unified School District("District") and the City of Grand Terrace("City") is effective on January
11,2017 ("Effective Date"). The District and City may be referred to hereinafter as Parties.
WHEREAS, the District is a joint unified school district organized and operating under
Education Code section 35000,et seq.,in the counties of Riverside and San Bernardino,California;
and
WHEREAS, City is a California municipal corporation organized and operating in San
Bernardino County; and
WHEREAS, District has engaged and contracted with All City Management Services to
provide school crossing guard services for District students, and District and City desire to jointly
share in the costs of those services at certain locations in the District and within the City; and
NOW, THEREFORE, District and City agree as follows:
1. Agreement Binding. This MOU shall be binding upon the signing Parties and their
respective heirs, executors, administrators, successors and assigns.
2. Choice of Law. This MOU shall be governed by and construed under California
law. The laws of California shall prevail to the extent that there is any conflict between this MOU
and any California law.
3. Program. Commencing in the 2016-2017 school year,the District will contract for
one (1) person as crossing guards at a designated location within the District and located within
the City of Grand Terrace, as designated in EXHIBIT A attached hereto and incorporated herein
by this reference. The crossing guard shall provide service between the designated hours specified
in EXHIBIT A.
4. Contracting of Crossing Guards. The District and City agree that the crossing guard
services shall be performed by persons employed and supervised by "All City Management
Services" ("ACMS") and that District is solely responsible for contracting with ACMS to provide
those services. The Parties agree that the District shall not be deemed an employee of the City,
and the City shall not be deemed an employee of the District. ACMS and its employees, agents,
and contractors shall not be deemed employees of the District and shall not be employees of the
City.
5. Crossing Guard Costs. The Parties hereto agree:
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5.1 For the 2016-2017 school year, the City shall pay the full cost(100%) and
all costs associated with the crossing guard services at the location and for the amount specified in
EXHIBIT A.
5.2 The District shall be responsible for timely payment to ACMS of all costs
and expenses incurred in connection with the crossing guard services. The District shall submit
invoices to the City on a quarterly basis for reimbursement of City's agreed share of the costs.
City shall promptly review the invoices and notify District in writing of any objections thereto.
Absent District's receipt of a written objection within ten (10) days of City's receipt of the
invoices,the invoices shall be deemed proper and acceptable,and shall be due and payable by City
within thirty (30) days after receipt of the invoices.
5.3 The Parties understand and agree that the District may modify, reduce or
terminate the contracting of crossing guards, if the City reduces, delays or terminates its financial
obligations under this MOU.
5.4 The Parties also understand and agree that the District may modify,reduce
or terminate the contracting of crossing guards if the District's funding is reduced,unless the City
agrees, at City's sole discretion and upon written agreement of the Parties, to provide additional
funding for the crossing guards to make up any funding shortfall.
6. Insurance. The District and City shall each carry adequate property damage and
public liability insurance to cover the areas and activities set forth in this MOU. For the purposes
of this MOU, either party may furnish insurance through a joint powers insurance authority.
7. Notice. Any notice required or permitted under this MOU shall be given in writing,
and shall be deemed received as follows: when actually delivered, if sent by personal messenger;
as of the date and time sent, if sent by facsimile; or when deposited in the mail, if sent by certified
U.S. mail,postage prepaid. Notices shall be addressed as follows:
To District: Jerry Almendarez
Superintendent
Colton Joint Unified School District
1212 Valencia Dr.
Colton, CA 92324
To City: Harold Duffy
City Manager
City of Grand Terrace
Address
Grand Terrace, CA
8. Term of Agreement. The term of this MOU shall commence on the Effective Date
and shall terminate one(1)year from the Effective Date. The term may be extended for additional
one (1) year terms (an "Additional Term"), for up to four(4) Additional Terms, upon the mutual
agreement of the Parties. The Parties must give each other written notice of intent to extend this
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MOU at least thirty (30) days prior to the conclusion of the term and each Additional Term, as
applicable.
9. Dispute Resolution. District and City agree that if any dispute or difference arises
under this MOU, District and City representatives shall meet and confer with the objective of
resolving such dispute within seventy-two(72)hours of receipt of a written request of either Party,
excluding Saturdays, Sundays, or national holidays. A Party's decision to terminate this MOU
pursuant to Article 13, below, shall not constitute a dispute or difference for purposes of this
Article.
10. Arbitration. If the Parties cannot resolve the dispute or difference to their mutual
satisfaction pursuant to Article 9, above, within fourteen (14) days, or a longer period if both
Parties agree in writing,the dispute or difference shall only be decided through binding arbitration
in accordance with the current rules of the American Arbitration Association at the time of the
dispute. No arbitration may include any person or party other than employees of the District,City,
and any other person who is substantially involved in a common question of law or fact and whose
presence is required to accord complete relief in the arbitration. The arbitrator's or arbitrators'
award shall be final and judgment may be entered upon it in accordance with the applicable law in
any court which has jurisdiction. A Party demanding arbitration shall file a demand notice with
the other Party and the American Arbitration Association within a reasonable time. No Party may
demand arbitration after the date which legal or equitable proceedings of such claim or dispute
would be barred by the applicable statute of limitations. The Parties shall split the costs of any
arbitration pursued under this MOU, and shall pay their own respective attorneys' fees.
11. Assignment. Neither Party shall sell,assign, or sublease its rights under this MOU
without the prior written consent of the other Party. Consent in one instance shall not prevent this
provision from applying to a subsequent instance.
12. Default. The failure of any Party to comply with any term or condition or
fulfillment of any obligation of this MOU within 30 days after written notice from the other Party,
which specifies the nature of the default with reasonable particularity,shall constitute a default. If
the default is of such a nature that it cannot be completely remedied within a 30-day period, the
defaulting Party shall be deemed to have cured the default if it begins correction of the default
within the 30-day period, and thereafter, proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable.
13. Termination. District or City may terminate this MOU by delivering written notice
of election to terminate at least 180 days prior to the expiration date of this MOU and any
Additional Term. In the case of a default which is not cured pursuant to Article 12, above, the
non-defaulting Party may terminate this MOU upon thirty(30) days' written notice.
14. Mutual Indemnification. District agrees to hold harmless, defend, and indemnify
City against all actions, claims, or demands for injury, death, loss, or damages, regardless of fault
or cause, by anyone whomsoever, including, but not limited to, where such injury, death, loss, or
damage is solely due to the willful misconduct or omissions of District, its agents, servants, or
employees.
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City agrees to hold harmless, defend, and indemnify District against all actions,
claims, or demands for injury, death, loss, or damages, regardless of fault or cause, by anyone
whomsoever, where such injury, death, loss, or damage is caused by or arises from solely City's
willful misconduct or omissions of City, its agents, servants, or employees.
15. Entire Agreement. This MOU is fully integrated. District and City intend this
MOU to be the final expression of their understanding with respect to the subject matter and as a
complete and exclusive statement of the terms and conditions. This MOU shall supersede all oral
or written, prior and contemporaneous agreements and understandings in connection with this
MOU.
16. Amendment. This MOU may be amended only through mutual written agreement
of the Parties.
17. Counterparts. This MOU may be signed in counterparts, each of which shall
constitute an original and which collectively shall constitute one instrument.
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ity,
and any other person who is substantially involved in a common question of law or fact and whose
presence is required to accord complete relief in the arbitration. The arbitrator's or arbitrators'
award shall be final and judgment may be entered upon it in accordance with the applicable law in
any court which has jurisdiction. A Party demanding arbitration shall file a demand notice with
the other Party and the American Arbitration Association within a reasonable time. No Party may
demand arbitration after the date which legal or equitable proceedings of such claim or dispute
would be barred by the applicable statute of limitations. The Parties shall split the costs of any
arbitration pursued under this MOU, and shall pay their own respective attorneys' fees.
11. Assignment. Neither Party shall sell,assign, or sublease its rights under this MOU
without the prior written consent of the other Party. Consent in one instance shall not prevent this
provision from applying to a subsequent instance.
12. Default. The failure of any Party to comply with any term or condition or
fulfillment of any obligation of this MOU within 30 days after written notice from the other Party,
which specifies the nature of the default with reasonable particularity,shall constitute a default. If
the default is of such a nature that it cannot be completely remedied within a 30-day period, the
defaulting Party shall be deemed to have cured the default if it begins correction of the default
within the 30-day period, and thereafter, proceeds with reasonable diligence and in good faith to
effect the remedy as soon as practicable.
13. Termination. District or City may terminate this MOU by delivering written notice
of election to terminate at least 180 days prior to the expiration date of this MOU and any
Additional Term. In the case of a default which is not cured pursuant to Article 12, above, the
non-defaulting Party may terminate this MOU upon thirty(30) days' written notice.
14. Mutual Indemnification. District agrees to hold harmless, defend, and indemnify
City against all actions, claims, or demands for injury, death, loss, or damages, regardless of fault
or cause, by anyone whomsoever, including, but not limited to, where such injury, death, loss, or
damage is solely due to the willful misconduct or omissions of District, its agents, servants, or
employees.
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•
THIS MEMORANDUM OF UNDERSTANDING is executed by the duly authorized
representatives of District and City as of the date first herein above written.
APPROVED AS TO FORM:
•TKINSON, • •DELSON,LOYA,RUUD&ROMO COLTO ' •INT 0 ' > OL DISTRICT
iii
Nor
ill ' By: Iv mendarez,Superinte..ent
'' . ED BY BOARD OF DUC• ION OF
THE COLTON JOINT UNIFIE• CI IOOL
DISTRICT.
• 1/9A1 iri
Date:
CITY OF GRAND TERRACE
By:H I uffy,Ci r
•
•
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143607091
THIS MEMORANDUM OF UNDERSTANDING is executed by the duly authorized
representatives of District and City as of the date first herein above written.
APPROVED AS TO FORM:
ATKINSON,ANDELSON,LOYA,RUUD&ROMO COLTO •INT i 1 ' DO OL DISTRICT
Vat
By: By: 1 n mendarez,Superinte.•ent
• . ED BY BOARD OF DUC• ION OF
THE COLTON JOINT UNIFIE CI IOOL
DISTRICT:
I f?u Jii-
Date:
CITY OF GRAND TERRACE
By:H 1 ufI'y,Ci a r
•
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EXHIBIT A
No. City , School Intersection Time Annual
Cost
1 Grand Grand Barton& Regular days-Mon. Tues. Thurs. Friday $8,759
Terrace Terrace Michigan times are 6:55 am-7:55 am & 1:40-2:25 pm
Elementary Minimum day (Wednesday)- 6:55 am—
7:55 am& 12:15-1:00 pm
Total
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DISTRICT:
I f?u Jii-
Date:
CITY OF GRAND TERRACE
By:H 1 ufI'y,Ci a r
•
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