AGREEMENT BETWEEN CITY OF MARYSVILLE AND YUBA COUNTY OFFICE OF
EDUCATION TO IMPLEMENT THE MARIJUANA PREVENTION AND INTERVENTION
PROGRAM AND THE YOUTH RECREATION PROGRAM
THIS AGREEMENT ("Agreement") is entered into by and between the City of Marysville as Grantee ("Grantee") of the Proposition 64 Public Health and Safety Grant Program and the Yuba County Office of Education, the Subrecipient and Service Contractor Agency (hereinafter referred to as "Program Operator").
RECITALS
A. The Grantee has applied for and received funds from the State of California regarding the Proposition 64 Public Health and Safety Grant (a copy of the proposal package being attached hereto as Exhibit A and incorporated herein).
B. The Program Operator has committed to be the Service Contractor Agency and implement both proposed programs as set forth in the Grant Application.
C. The Program Operator enters into this Agreement with Grantee to implement the Marijuana Prevention and Intervention Program and the Youth Recreation Program.
D. The Program Operator also agrees to monitor, and report program goals and outcomes as more specifically set forth in this Agreement.
NOW, THEREFORE, it is agreed between the parties as follows:
SECTION 1
Incorporation of Recitals
The foregoing recitals are not merely recitals but are contractual in nature and are incorporated into this Agreement.
SECTION 2
Obligations of Program Operator
Program Operator agrees to operate the Grant Programs and satisfy all monitoring and reporting requirements concerning the same.
Program Operator will be responsible for implementing the Marijuana Prevention and Intervention Program and the Youth Recreation Program (the "Programs") as delineated specifically on Exhibit B attached hereto.
Program Operator, as Service Contractor Agency, will serve as the coordinator for all grant activities. In its role as the Service Contractor Agency, the Program Operator will coordinate with local government agencies and non-government organizations (to the extent applicable) to ensure successful implementation of the Grant Program. As the Service Contractor Agency, Program Operator is responsible for data collection and management, overseeing evaluative activities, and will serve as the primary point of contact with the Board of State and Community Corrections ("BSCC").
Program Operator agrees to comply with all terms and conditions of the Grant Agreements, the subject of the Grant Application attached hereto.
Program Operator shall maintain adequate fiscal and project books, records, documents and other evidence pertinent to its work in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation.
These records shall be maintained for a minimum of three (3) years after the final payment under the contract and shall be subject to examination and/or audit by the BSCC or designees, State government auditors or designees, or by Federal government auditors or designees.
Program Operator shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period.
Program Operator shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all Project funds.
Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the Grant, whether they are employed full-time or part-time. The Program Operator shall maintain documentation of donated goods and/or services, including the basis for evaluation.
Program Operator agrees to protect records adequately from fire or other damage. When records are stored away from Program Operator' s principal office, a written index of the location of records stored must be on hand and ready access must be assured.
SECTION 3
Time of Performance
This Agreement shall commence May 1, 2023, and end on April 30, 2028, unless sooner terminated pursuant to Section 5 below.
SECTION 4
Compensation to Program Operator
Program Operator agrees and acknowledges that all amounts paid to Program Operator pursuant to this Agreement are from the BSCC Grant. Payment by Grantee to Program Operator is contingent upon receipt of Grant funds. Program Operator shall be compensated up to $40,000 per month not to exceed $480,000 annually per the Project Budget as approved or modified through BSCC. Payment shall be invoiced to the Grantee on a quarterly basis upon actual cost accrued.
SECTION 5
Suspension or Termination
The Grantee may suspend or terminate this Agreement if BSCC Grant funds become unavailable. The Grantee may also suspend or terminate this Agreement if the Program Operator materially fails to comply with any terms of this Agreement which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions, or such statutes, regulations, executive orders and guidelines as may become applicable anytime to the Grants which are the subject of this Agreement;
2. Failure for any reason of the Program Operator to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Program Operator to the Grantee or BSCC of any reports that are incorrect or incomplete in any material respect.
In addition to the foregoing, this Agreement may also be terminated for convenience by the Grantee, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case or partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determinates that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety.
SECTION 6
Notices
Communication and details concerning this directive shall be directed to the following contract representatives:
GRANTEE: PROGRAM OPERATOR:
City of Marysville Yuba County Office of Education
Attn: Jim Schaad, City Manager Attn: Francisco Reveles, Ed.D. 526 C Street 935 14th Street
Marysville, CA 95901 Marysville, CA 95901
SECTION 7
Additional Terms and Conditions
1. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties.
2. Assignment. This Agreement is not assignable by the Program Operator, either in whole or in part, without the consent of the Grantee in the form of a formal written amendment.
3. Indemnification. Program Operator agrees to indemnify, defend and save harmless Grantee, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who maybe injured or damaged by Program Operator in the performance of this Agreement.
4. Independent Contractor. Program Operator, and the agents and employees of Program Operator, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees of the Grantee.
5. Timeliness. Time is of the essence of this Agreement.
6. Governing Law. This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
7. Unenforceable Provision. In the event any provision of this Agreement is unenforceable or held to be unenforceable, the parties agree all other provisions of this Agreement have force and effect and shall not be affected thereby.
8. Waiver. The parties hereto may waive any of their rights under this Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below.
Date: YUBA COUNTY OFFICE OF EDUCATION
By:
Its
Date: CITY OF MARYSVILLE
By:
Jim Schaad, City Manager
ATTEST:
Nicole Moe, City Clerk