CVAG-DSUSD/MOU Safe Routes School 10MEMORANDUM OF UNDERSTANDING
Parties to the Memorandum of Understanding ("MOU"
This Memorandum of Understanding ("MOU") is entered into between the City of
Coachella, City of Indio, City of Indian Wells, City of La Quinta; City of Palm Desert; City
of Rancho Mirage; Desert Sands Unified School District; Riverside County Department
of Public Health the Coachella Valley Association of Governments. This MOU is for the
development of partnerships and the establishment of scheduled forms of
communication between school districts, local utilities and transit agencies, cities, and
regional planning entities.
Purpose of the MOU
WHEREAS, in 2006 the National Center for Safe Routes to School (NCSRS) estimates
that in 1969, 42% of adolescent children walked or biked to school, however in 2001
only 16% of children walked or biked; and
WHEREAS, in 2005 the American Medical Association (AMA) found that approximately
16% of American children between the ages of six and nineteen were obese, and that
related diseases like diabetes and arthritis are on the rise in the United States; and
WHEREAS, it is recognized that the establishment of safe routes to school is beneficial
to school districts in curbing childhood disease and promoting social interaction among
students through walking, biking, and exercise, and assists cities in the establishment of
safe and healthy communities; and
WHEREAS, traffic, site planning, and community issues represent key constraints to the
creation of safe routes to school that can be successfully addressed via an open
dialogue on these issues; and
WHEREAS, it is recognized that a partnership between school districts and cities can
assist in the location of new schools by addressing community concerns, planning for
infrastructure issues, and addressing site specific issues such as utilities and street
access that can make for a school that is properly designed while decreasing building
costs; and
WHEREAS, it is recognized by the City of Coachella, City of Indio, City of Indian Wells,
City of La Quinta; City of Palm Desert; City of Rancho Mirage; Desert Sands Unified
School District; Riverside County Department of Public Health the Coachella Valley
Association of Governments that bureaucratic isolation and lack of communication is
detrimental to the creation of safe routes to school and the important benefits that
walking has for students; and
WHEREAS, these agencies desire to establish a long-term process which allows each
individual agency to discuss on a frequent and ongoing basis the issues associated with
school site location issues, creating safe routes to schools for existing campuses, and
working partnerships for external funding; and
WHEREAS, it is recognized that opportunities to compete for external funding to solve
the problems related to safe routes to school can be achieved by partnerships between
school districts, cities, and regional planning agencies; and
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NOW, THEREFORE, IT IS RESOLVED that the parties to this MOU agree to form
standing collaborative meetings to address the issues of creating safe routes to school
and further agree to adhere to the following guidelines in the formation, management
and operations of the collaborative meeting group.
Collaborative Discussion Group for Safe Routes to School
Quarterly Meetings: There shall be initiated among the parties to this
Agreement a standing series of meetings that shall be arranged to occur
on an as -needed basis, but no less than once a quarter. These meetings
shall exclude federal, state, and school district holidays. Time and
duration of these meetings will be set by the participants to this
Agreement. Meetings will be appropriately noticed.
II. Core Participants: The scheduled meetings shall include the parties to
this Agreement and other interested agencies including (but not be limited
to) school district superintendents or their representatives; municipal
mayors or their representatives, city managers or their representatives,
regional utilities and transit agencies, and the representative of the
regional planning agency.
III. Discussion Format. The agreed scheduled meetings shall generally
address the issues of creating safe routes to school with discussion topics
that include (but are not limited to) planning and development for present
school site locations, offsite infrastructure inclusive of streets, sidewalks,
and roads, water, power, and other utility issues, local resident concerns
regarding school sites, grant applications and partnerships to fund
projects related to the creation of safe routes to school, and future school
site selection issues.
IV. Grant Partnerships. The parties to this agreement will, to the extent
possible, participate in partnerships to enhance and attract external grant
funding from federal, state, local, and private sources for the purpose of
school planning and the creation of safe routes to school for students.
Data Sharing and Acknowledgement
I. It is acknowledged that any data and information shared in meetings that
are considered confidential by law shall remain confidential among the
parties to this Agreement.
II. Any successful grant applications or outcomes from the meetings and
partnerships formed under this Agreement will be generally
acknowledged to all parties to this Agreement.
Duration and Termination
This MOU is to remain in effect for 5 (five) years following it's execution by the parties to
this MOU. This MOU may be terminated at any time by any of the parties to the
Agreement with a 30 (thirty) day notice to the remaining parties. Should one party elect
to terminate participation under this Agreement, the remaining parties may continue the
meetings and collaboration contemplated in this Agreement. This Agreement will
automatically terminate should a simple majority of parties to the Agreement terminate
participation with appropriate notice as defined above.
Liability and Insurance
Each party to this MOU hereby assumes any and all risks for personal injury and
property damage attributable to the negligent acts or omissions of that party and the
officers, employees, and agents thereof. Each Agreement member warrants that is has
adequate Worker's Compensation Insurance and liability insurance for its own
employees. Agreement members agree to indemnify and hold each other harmless from
any obligations, costs, claims, judgments, attorney fees, and/or attachments in any way
connected with the services provides under this agreement.
Independent Contractor
In the performance of all services and obligations under this Agreement, all parties shall
act as independent agents. Parties shall not be considered as an employee or agent of
another participant organization in this MOU.
Force Majeure
No parties to this Agreement shall be liable or deemed to be in default for any delay or
failure in performance under this Agreement or interruption of services resulting, directly
or indirectly, from acts of God, civil or military authority, acts of the public enemy, strikes,
labor disputes, or any similar cause beyond the reasonable control of participants to this
Agreement.
Governing Law
The validity and interpretation of this Agreement shall be governed by the laws of the
State of California.
Execution
IN WITNESS THEREOF, City of Coachella, City of Indio, City of Indian Wells, City of La
Quinta; City of Palm Desert; City of Rancho Mirage; Desert Sands Unified School
District; Riverside County Department of Public Health the Coachella Valley Association
of Governments have executed this Agreement on the date first herein written.
City of Coachella:
David Garcia, City Manager
City of Indio:
Dan Martinez, City Manager
City of Indian Wells:
Greg Johnson, City Manager
of.La Quinta:
homas P. Genovese, City Manager
City of Palm Desert
Wohlmuth, City Manager
City of Rancho Mirage
Patrick Pratt, City Manager
Desert Sand Unified School District:
Dr. Sharon McGehee., Superintendent
Riverside County Department of Public Health:
Susan D. Harrington, M.S., R.D., Director
Coachella Valley Association of Governments:
Kirk, Executive Director