MEMORANDUM OF UNDERSTANDING By and between CONTINENTALS OF OMEGA BOYS AND GIRLS CLUB and MARE ISLAND TECHNOLOGY ACADEMY This Agreement is executed between the Continentals of Omega Boys and Girls and the Mare Island Technology Academy. I. RECITALS A. The Continentals of Omega Boys and Girls Club is a private, non-profit organization existing under the laws of the State of California hereinafter referred to as the “Club.” B. The Mare Island Technology Academy (“MIT”) is a non-profit public benefit corporation that operates the Mare Island Technology Middle School and MIT Academy High School, public charter schools existing under the laws of the State of California. C. The Club and MIT have historically had an excellent partnership which has generally benefited both organizations. D. The Club and MIT agree that the purpose of this agreement is to set out the conditions for rental by MIT Academy of portions of the building housing the Club for specific periods of time during the 2011-2012 school year. II. AGREEMENTS A. Terms 1. This agreement will govern the relationship between the Club and MIT relative to the use by MIT of portions of the Club. B. 2. Any modifications of this Agreement must be in writing and executed by duly authorized representatives of both parties. 3. The duly authorized representatives of MIT Academy are the Academy Director and the Board President. No one beside the aforementioned individuals shall be authorized to take action on behalf of MIT in relation to this Agreement. 4. The duly authorized representative of the Club is the Executive Director or Interim Director as named by the Board of Directors for the Continentals of Omega Boys and Girls Club. No one beside the aforementioned individual(s) shall be authorized to take action on behalf of the Club in relation to this Agreement. 5. The term of this Agreement shall be August 13, 2012 through June 13, 2013. Space of the Club and Times/Dates used by MIT 1. Study Hall and Gym: Attached (Computer Room, Study Hall & Gym) is a schedule with the dates that MIT will be using the study hall area. MIT will have access to the gym Monday,Friday from 8:00am-3:15pm for the entire period of this contract. MIT will be responsible for setting up and taking down chairs/tables needed during this period. Time/Dates may be subject to change with appropriate written notice to Omega. 2. Computer Classroom: Historical use: In 2002, MIT wrote a federal grant for the computers, server, installation, wiring/infrastructure, and classroom construction to create the Club’s 2 computer rooms. With these funds, MIT completed the following work: build, sheetrocked, painted the interior walls and doors; purchased and installed two roof-mounted AC units, one for each room; repaired the damaged flooring; constructed the underground network connection; and equipment in the rooms: 28 Gateway Computers, keyboards, mice and mice pads in each lab, 1 HP Laser Printer per room, 28 chairs per room and tables, power supplies, 2 switches per room and 1 extra fiber switch in one lab (Omega 1 and East Lab). MIT and the Club agree that MIT will continue to use the two computer classrooms during the school day (8:00am-3:36) and the Club will continue to use rooms and equipment at all other times. MIT and the Club agree that they will be jointly responsible for the maintenance of the computers located in the East Computer Lab. 3. Sea-Van Storage: Historical Use: MIT and the Club agree that MIT will be allowed to site a Sea-van behind the building in a location designated by the Club for the storage of the chairs/tables used in the gym. Payment and Services: MIT and the Club agree that MIT will provide the following as recompense for the use described above: Funds: $16,000.00 per this contract. $1,600 per month September-May. Prorated to $800.00 in August of 2012 and $800 in June of 2013 2. MIT agrees to process payment the 1st working day of each month. C. Non Assignment. Neither party shall assign its rights, duties or privileges under this Agreement, nor shall either party attempt to confer any of its rights, duties or privileges under this Agreement on any third party, without the written consent of the other party. D. Severability. If any provision or any part of this Agreement is for any reason held to be invalid or unenforceable or contrary to public policy, law or statute and/or ordinance, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable. E. Default. The Club may declare the term of this agreement ended and terminated by giving MIT one verbal warning, two written notices, and thirty (30) day notice to vacate. MIT may declare the term of this agreement ended and terminated by giving the Club a thirty (30) day written notice. This represents the full and final agreement between MIT and the Club and shall only be modified in writing by the mutual agreement of the parties. ___________________________________________________________ Date: ____________________ Gerald Gordy, Board President, Continentals of Omega Boys and Girls Club __________________________________________________________ Date: ____________________ Matt Smith, Director, Mare Island Technology Academy Computer Rooms, Study Hall, & Gym A.1. Use of Gym Daily from 8:00-3:15 A.2. Use of Computer Rooms Daily from 8:00-3:36 A.3. Use of lockable storage closet on east side of Study Hall room from August 13 to June 13. A.4. Use of Study Hall for testing (see calendar below) Day Tuesday Wednesday Tuesday Wednesday Tuesday Wednesday Tuesday Wednesday TBA Date October 2 October 3 February 5 February 6 March 5 March 6 March 12 March 13 April 23 - May 8 TBA Event CAHSEE CAHSEE CAHSEE CAHSEE Writing Assessment Writing Assessment CAHSEE CAHSEE CST Theater Productions Room Study Hall Study Hall Study Hall & Gym Study Hall & Gym Study Hall & Gym Study Hall & Gym Study Hall Study Hall Study Hall Gym