19-161 Cupertino Union School District, Memorandum of Understanding Regarding the Teen Center at Lawson Middle School Program MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO UNION SCHOOL
DISTRICT REGARDING THE TEEN CENTER AT
LAWSON MIDDLE SCHOOL PROGRAM
This Memorandum of Understanding ("MOU") is entered into on this 6 day of September, 2019
by and between the City of Cupertino ("City") and the Cupertino Union School District
("District") (together, the "Parties") for the purpose of the City's operation of the Teen Center at
Lawson Program ("Program") at Lawson Middle School, located in Cupertino, California.
WHEREAS, the District owns Lawson Middle School; and
WHEREAS, the City and the District desire to enter into this MOU for City to rent space at
Lawson Middle School to operate the Program, which will benefit young teens in sixth through
eighth grades; and
WHEREAS, the City and the District have determined that it is to their mutual advantage to
enter into this MOU, which will allow for the District's students to have access to the Program
and which will allow to City to have a venue for the Program; and
WHEREAS, this MOU has been prepared jointly by the City and the District for the purpose of
setting forth the terms and conditions of the City's use of space at Lawson Middle School; and
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WHEREAS a MOU between the Parties is necessary since Lawson Middle School is owned by
the District, and not the City;
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NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained,
it is mutually understood and agreed by and between the parties hereto as follows:
1. Term
a. The initial tern of this MOU shall be one (1)year,beginning October 1, 2019 and
ending August 31, 2020. The City and District may agree,by mutual written
agreement, to up to two one-year extensions of the term of this MOU.
b. Either party may terminate this MOU upon giving thirty (30) days' written notice
to the other party.
2. District Obligations
a. City shall have access to the following facilities at Lawson Middle School: one
classroom, and basketball courts and the athletic field when not in school use
("Facilities") on Monday, Tuesday, Wednesday, Thursday, and Friday of each
week that school is in session from 2:30 pin to 6:30 pm during the term of the
MOU for the purpose of operating the Program. City shall not have access to the
Facilities on local, national, or school holidays.
b. District shall ensure that the Facilities are safe and in good repair.
c. District shall ensure that City has access to restrooms for Program staff and
participants while the Program is in operation.
d. District shall issue or cause to be issued to City any required permit for the use the
Facilities.
3. City Obligations
a. City's use of the Facilities shall not interfere with regular conduct of school work.
b. City's use of the Facilities shall comply with rules and regulations adopted by the
Board of Education. City's use of the Facilities shall not discriminate on the
grounds of race, religion, creed, national origin, ancestry, gender, or sexual
orientation.
c. Each time the City uses the Facilities,prior to leaving for the day, City shall
return the Facilities to the condition in which it found the Facilities.
d. City shall provide District with a copy of its certificate of insurance for
commercial general liability coverage.
e. City shall be responsible for any damage sustained by the Facilities due to City's
use of the Facilities under this MOU, other than normal wear and tear.
4. Compensation
a. City's compensation of District shall not exceed$47,000 (forty-seven thousand
dollars)per year.
b. District shall invoice City annually for use of the space at Lawson Middle School.
c. City shall pay invoices within thirty (30) days of receipt.
5. Liabilities
a. Consistent with Education Code section 38134(h)(1),District is liable for any
injury resulting from the negligence of the District in the ownership and
maintenance of the Lawson Middle School facilities or grounds. City is liable for
any injury resulting from the negligence of the City during the use of the school
facilities or grounds. District and City shall each bear the cost of insuring against
its respective risks and shall each bear the costs of defending itself against claims
arising from those risks.
6. General Provisions
a. Entire Agreement. This MOU represents the full and complete understanding of
every kind of nature between the Parties, and supersedes any other agreement(s)
and understanding(s), either oral or written,between the Parties.
b. Amendment. Any amendment to or modification of this MOU will be effective
only if in writing and signed by each Party's authorized representative. No verbal
agreement or implied covenant will be valid to amend or abridge this MOU.
c. Governing Law and Venue, This MOU is governed by the laws of the State of
California. Any lawsuits files related to this MOU must be filed with the Superior
Court for the County of Santa Clara, State of California.
d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this
MOU.
e. Headings. The headings in this MOU are for convenience only, are not a part of
the MOU, and in no way affect, limit, or amplify the terms or provisions of this
MOU.
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f. Severability/Partial Invalidity. If any tenn or provision of this MOU, or its 1
application to a particular situation, is found by the court to be void, invalid,
illegal, or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this MOU 1
or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this MOU to carry out its intent. j
g. Survival. All provisions which by their nature must continue after the MOU 1
expires or is terminated shall survive the MOU and remain in full force and effect.
h. Notices. All notices, requests, and approvals must be sent in writing to the
persons below, which will be considered effective on the date of personal
delivery; or the date confirmed by the reputable overnight delivery service; or on
the fifth calendar day after deposit in the United States Mail, postage prepaid; or
the next business day following submission by electronic mail:
To City of Cupertino:
10300 Torre Ave
Cupertino, CA 95014
Attention: Daniel Mestizo
Email: danielm@cupertino.org
To Cupertino Union School District:
1309 S. Mary Ave, Suit 4150, Sunnyvale, CA 94087
Attention: Jeff Bowman
Email: bowman_jeff@cusdk8.org
IN WITNESS WHEREOF the Parties have executed this Memorandum of Understanding which
shall become effective upon the date of the execution of the MOU by all parties.
CUPERTINO UNION
SCHOOL DISTRICT CITY OF CUPERTINO
A Municipal Corporation
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APPROVED AS TO FORM:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
GRACE SCHMIDT 2 Vim/@
City Clerk
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