ATTACHMENT 2 DOJ-PROP56-2021-22-1-009
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding (MOU) is entered into by the Department of Justice (hereinafter, “Department”) and the City of Burbank (hereinafter, “Grantee”), to provide grant funds to Grantee for expenditure in compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the approved Summary of Award document to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (the “Act”), approved by the voters as Proposition 56.
The Request for Proposals, Grantee Handbook (dated March 2021), and Summary of Award document are hereby incorporated by reference into this MOU.
COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document, upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect. In this event, the Department shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this agreement for which it would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Department shall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.
ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the MOU, the Department may take one or more of the actions described under Noncompliance in the Grantee Handbook.
MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.
Assignment – This MOU is not assignable by Grantee in whole or in part.
Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.
Termination – The Department may terminate this MOU and be relieved of any obligation to provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.
ATTACHMENT 2 DOJ-PROP56-2021-22-1-009
TERMS
Grant Duration: 12/1/2021 – 6/30/2025
Award Amount
Category of Expenditure Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Budget
FY 2024-2025
Personal Services $138,896 $136,534 $136,534 $0
Operating Expenses and Equipment $5,000 $5,000 $5,000 $0 Administrative Costs (Not to Exceed 5%) $7,195 $7,077 $7,076 $0 TOTAL AWARD AMOUNT $448,312
The time limit for reimbursements against this award ends 6/30/2025. Requests received after 7/15/2025 cannot be reimbursed by the Department.
GRANTEE CONTACT INFORMATION
Marisa Garcia, Parks, Recreation and Community Services Director City of Burbank, Parks and Recreation Department
150 North 3rd Street, Burbank, CA 91510
818.238.5300
[email protected]
AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ Marisa Garcia Date
Parks, Recreation and Community Services Director
City of Burbank
___________________________________ ___________________ Simone McFarland Date
Communications Manager
City of Burbank
___________________________________ ___________________ Patrick Prescott Date
Community Development Director
City of Burbank
___________________________________ ___________________ STACY HEINSEN, GRANT MGR. Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, CHIEF Date
Division of Operations
California Department of Justice