OppCo%20Meridian%20SD%202024-25_final%20for%20signature.pdf

Parent document: Regular Board Meeting-09-11-2024.pdf

Text

Memorandum of Understanding
Between
Meridian School District and Opportunity Council

This Memorandum of Understanding (“MOU”) is between the Meridian School District
(hereinafter "District") and the Opportunity Council's Early Learning and Family Services
Department (hereinafter “ELAFS” or "Rental Group"). Upon full execution, this agreement
supersedes any and all prior agreements.

The Rental Group provides comprehensive early childhood education (ECE), health,
nutrition, and parent involvement services to children and families of low-income. The
District operates public education programs and owns facilities in which ELAFS’ ECE
programs may be delivered as part of the District’s commitment to their youngest
customers.

The District and Rental Group desire to enter into this MOU to permit the Rental Group
to operate Head Start and Washington Early Childhood Education and Assistance
Preschool (“ECEAP”) programming, inclusive of enrolled family engagement activities
and other complementary programs for children and families who reside within the
District's boundaries. The federal and state funding may be braided within a classroom
or operated as separate classrooms. The District is interested in these ECE offerings
within an inclusionary classroom model, which will give age-appropriate children with
special needs a quality learning experience with typically developing peers.

This MOU is intended to govern the Rental Group’s use of District facilities to achieve the
desired child development and school readiness outcomes for all enrolled young children.

In consideration of the mutual benefits and covenants set forth below, the District and the
Rental Group agree as follows:

I. Agreement Timeframe

In addition to the property-specific usage parameters and timelines described in Section
Ill, subsections A — B in this MOU, the term of this agreement shall be August 1, 2024
through July 31, 2025. At the conclusion of this lease/service period, or more frequently
upon mutual agreement of the parties, the relationship and outcomes shall be reviewed
by the District and OC-ELAFS in order to determine if the Rental Group shall have the
option to further renew this MOU for future periods for which the District determines that
the space is still available for non-district use.

Il. Official Communications

All official communications regarding this MOU will be directed to each organization’s
designated staff person and their associated address/contact information listed below.


Items sent to the designated contact at the provided address will be considered delivered
for purposes of this MOU.

For the Meridian School District: For the Opportunity Council:
James Everett, Superintendent Kristine Wilson Director
Meridian School District 505 OC-Early Learning & Family
214 W. Laurel Rd Services Dept.
Bellingham WA 98226 1201 Cornwall Ave

Phone: 360.398.7111 Bellingham WA 98225

Phone: 360.734.8396 ext. 1364

The designated representatives may appoint others from their organization to oversee
day-to-day operations and problem-solve any dilemmas occurring within the framework
of this agreement. Each party shall notify the other of the name and contact information
for any such delegates.

Il. General Provisions

The full day preschool operations envisioned as primary uses of the District’s facilities under
this MOU are required to be licensed by the Washington State Department of Children, Youth
and Families. The parties agree to work together to address any licensing issues as they
present. The monetary value of the services brought to the District's families by the Rental
Group is more than $443,000 based on a weighted child cost slot basis.

The parties agree that this early learning collaboration will also be an evolutionary
process, subject to factors sometimes outside of the parties’ control, including the
availability and suitability of funding, competing demands for appropriate space, state and
local regulation, direct service program contractual parameters, public health
developments and the level of interest in ECE with comprehensive services by the
District's families.

Each party recognizes that there are risks involved in the parties’ participation in this MOU.
The parties will plan and act together in good faith to manage such emerging circumstances,
such as complying with any applicable local, state, and federal rules, regulations, and
guidance pertaining to public health emergencies, including those related to cleaning,
distancing, and personal protective equipment, for as long as they remain in effect.

Each party’s staff time, indirect contributions, and direct financial contributions to
accomplishing the terms of this MOU will be a factor in accomplishing the goals described
herein. The parties further acknowledge that, although unlikely, financial resources may
be subject to change throughout the term of this MOU, and in those circumstances, the
parties commit to a good-faith effort to adjust to the changes with as little impact on the
shared goals and enrolled children/families as possible.

The Rental Group acknowledges that its operations under this MOU will not conflict with


or obstruct the District’s programs or operations. It further acknowledges that while the
District will work with the Rental Group to collaborate on scheduling matters, the District
holds the ultimate decision-making authority with respect to the scheduling of uses of its
facilities and appurtenances.

The Rental Group further acknowledges that any construction or remodeling work
performed by its organization under this MOU must be performed by licensed and bonded
contractors who are in good standing with the Washington Secretary of State and
Department of Labor and Industries, and only with advance notice to and pre-approval of
the District. Costs incurred for such construction or remodeling shall accrue to the party
specified in this agreement, or in the case of unforeseen emergent changes, according
to negotiations between the parties at that time.

This MOU shall relate to the Irene Reither Elementary School location, unless changes
in the Rental Group's primary funding sources necessitate an earlier termination, or the
parties agree to a different arrangement (such as co-location in the District's other
elementary schools). In the event the Rental Group moves its operations to an alternate
District-approved facility, the Rental Group shall not be liable for complying with the rental
terms of the vacated facility(s), and the parties shall agree to rental terms at the new
facility, as appropriate at the time. Furthermore, since the Rental Group’s classrooms
must be licensed by the WA Department of Children, Youth and Families, relocation of
the Rental Group’s services may result in delayed start-up or the need to default to part-
day only services until licensing can be obtained.

Subsection A: Primary Classroom Space(s) at the Irene Reither Site
Commencing no later than August 1, 2024, the Rental Group shall have access to:

A.1._Twoclassrooms (rooms 110 and 112) for ECE service delivery for up to 18 children
per classroom; the enrollment may be funded by up to three sources of revnue.

A.2. The classrooms will generally be in full use, four days per week from September
through mid-June, with the exception of scheduled school breaks, unless
otherwise restricted by public health or other restrictions. On occasion, for make-
up days (e.g. severe weather closures), the Rental Group might operate five days
per week to recuperate needed hours of service.

A.3. During non-programmed months (i.e. summer), unless this agreement is
terminated prior to, the Rental Group shall have permission to continue to store
furniture, supplies, etc. in the classrooms until programming resumes. The parties
will communicate in advance on any logistics of how the classroom is to be
arranged during non-programmed months to enable annual deep cleaning or other
routine maintenance by the District.

A.4. Should the district have need to use the assigned classrooms for other off-hour
school events, as much advanced notice as possible will be given to the Rental


Group so ELAFS staff can prepare the space accordingly, and if the event requires
re-arrangement of the classroom, the District will return the space to its “program-
ready” configuration as found before the event by at least one hour prior to the
Rental Group’s next scheduled usage.

Subsection B: Ancillary Spaces at the Rental Group’s Disposal

Outside the primary classrooms enumerated in III.(A), the Rental Group shall have shared

access to:

B.1. The kitchen/food storage areas of Room 106 to warm and serve meals and snacks
from ELAFS’ Central Kitchen and conduct post-meal clean-up

B.2. Scheduled access to the pre-school appropriate outdoor learning and play area

B.3. As occasional back-up to the in-classroom bathrooms, use of the early learning
wing’s hallway bathrooms

B.4. In coordination with the principal or other designated District staff, occasional visits
to the school’s library or other educational “outings” within the facility

B.5. In severely inclement weather, and according to scheduling availability accessed
through the principal, use of covered outdoor or other indoor spaces that enable
physical activity for enrolled children

B.6. Assigned, adequate parking space for the ELAFS program mini-bus used to
transport children

B.7. In alignment with other District teaching staff, access to the ELAFS learning spaces

on days other than when children are present.

Subsection C: Support Services

Unless otherwise negotiated by the parties, the Rental Group shall have access to:

C.1.

C.2.

C.3.

C.4.

The District’s Wifi or other internet connectivity
Any telephone landlines within the classrooms or kitchen for local calls

Sporadic front office reception support to appropriately direct visitors to the Rental
Groups program area

Any snow removal or other exterior upkeep that is necessary to keep areas of the
Irene Reither campus safe for ELAFS-enrolled families.


C.5 Adequate parking for the Rental Group’s on-site staff during days/hours of
operation

C.6. Garbage service for ELAFS program refuse, unless differently negotiated by the
parties.

The parties acknowledge that not all aspects of operations in a shared physical
environment are foreseeable, and they agree to work collaboratively to resolve any
challenges that emerge. On-site personnel shall first attempt to resolve any issues.
Subsequent levels of management from each organization will be engaged only as

needed.

IV. Obligations of the Rental Group

In fulfillment of its part of this MOU, the Rental Group will:

1.

Use all District facilities solely for activities in connection with conducting its
Head Start/ECEAP Programs, except as otherwise authorized under this
MOU or with special permission of the school’s principal or superintendent.

Be responsible for providing normal care (keeping the rooms picked up,
broom clean, and free from any hazards) of the classroom and other spaces.
This includes cleaning the classrooms after each day's use (i.e., floors will be
cleaned, and any spills of food, paint, or other material will be cleaned).

Be responsible for any damages to the rooms or any District property
resulting from the use by the Rental Group, its agents, or students that
exceed normal wear and tear conditions.

Alert the District of any problems or safety issues that may jeopardize the
program or building.

Upon request, provide a Certificate of Insurance to the District indicating
insurance coverage required by District policy for Rental Group program
services and listing the District as an additional insured under the policy

V. Financial Terms

The parties agree to the following financial terms for actualizing their shared vision of
quality early learning for Meridian School District children:

1.

The Rental Group shall invest at least $443,000, excluding any capital


investments, in federal dollars and state dollars to bring seven (7) Head
Start child slots and eighteen (18) ECEAP slots to Irene Reither Elementary
in addition to District-funded preschool slots. These child slots of all types
may be confined to discreet classrooms or blended to maximize eligibility for
families from the District should conditions not permit all child slots to be
operationalized on the same start date due to conditions (e.g. staffing,
family interest) beyond the parties’ control.

2. The Rental Group shall provide all furniture and supplies for program
operations of the classrooms and food service elements, unless other
arrangements are agreed to with the building principal.

3. The District shall purchase provision of three (3) child slots for $84,996 so
the elementary school can offer maximum opportunity to eligible families.
These cost figures are net of other in-kind credits extended to the District.
The District shall pay ELAFS within 30 days of receipt of an invoice for a
pro-rated portion of the program year, unless otherwise negotiated by the
parties.

Vi. Contract Review/Planning

The Rental Group and the District will review programming and their collaboration as
frequently as the parties shall agree to but no less often than annually. The purpose of
such meetings will be to assess progress, plan improvements and then decide on intent
to renew this MOU and/or negotiate any changes for the MOU period.

Vil. Both Parties' Indemnification

The District will indemnify and hold harmless the Rental Group from all liabilities,
damages or claims arising from the negligent, reckless, or intentional acts of its
employees or agents. The Rental Group will indemnify and hold harmless the District from
all liabilities, damages or claims arising from the negligent, reckless, or intentional acts of
its employees or agents. If damages result from the actions of both parties, each party
shall bear liability in the proportion that party's fault as determined to have caused the
damages involved.

Vill. Status of the Parties

The parties acknowledge and agree that nothing in this MOU is intended to create an
agency relationship between the parties, and neither will have actual or implied authority
to act on the other’s behalf.


IX. Compliance with Laws

In the performance of their obligations under this MOU, each party will comply with all
applicable laws, rules, and regulations, including all federal and state non-discrimination
laws, regulations, and policies as well as the contractual terms that govern the
government dollars which fund program operations. Where applicable, the Rental Group
will perform a record check through the Washington State Patrol criminal identification
system under RCW 43.43.830-.834, RCW 10.97.030, RCW 10.97.050, and the Federal
Bureau of Investigation for each of their agents who will have regular, unsupervised
access to children. The record check will include a fingerprint check using a complete
Washington State criminal identification fingerprint card. The Rental Group will provide a
copy of all said record checks to the District upon the District’s request.

X. Termination

Either party may terminate this MOU upon no less than sixty (60) days written notice to
the other party. The parties shall be responsible for all terms contained in Sections IV
and V of this agreement through the date of termination.

Xl. Disputes

The parties will endeavor to resolve any disputes in good faith before instituting any
action related to this MOU. If the parties are unable to resolve their dispute, the venue
of any action brought related to this MOU will be in the Superior Court of Whatcom
County. In the event of litigation or any other action brought to enforce related to this
MOU, the prevailing party will be entitled to an award of their reasonable attorneys’ fees
and costs.

Xll. Assignment

Neither party may assign its obligations under this MOU without the other party’s written
consent.

XIll. Counterparts

This MOU may be executed in separate counterparts, and nullification of any part of this
MOU for any reason shall not affect the survivability of other parts of the document.

Dated this day of , 2024

By:


DISTRICT

Dated this day of , 2024

By:
RENTAL GROUP