MEMORANDUM OF
UNDERSTANDING BETWEEN
COUNTY OF YUBA
AND
CITY OF MARYSVILLE
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is hereby made and entered into this _____________ day of __________________ by and between the COUNTY OF YUBA (“COUNTY”) and the CITY OF MARSYVILLE (“CITY”), a municipal corporation.
In consideration of services to be rendered, the sums to be paid, and each and every covenant and condition contained herein, the parties hereto agree as follows:
RECITALS
WHEREAS, the COUNTY along with Sutter and Colusa Counties received SB81 funding to design and construct a new Tri-County Juvenile Rehabilitation Facility (hereafter “TCJRF”); and WHEREAS, the TCJRF broke ground in February 2021 and is estimated for a August 2023 project completion date; and
WHEREAS, COUNTY shall provide CITY funds to rehabilitate 14th Street roadway from levee entrance to railroad overpass, to enhance the aesthetics of the new facility; and WHEREAS, such Agreement is authorized by the provisions of Title I, Division 7, Chapter 5, or the Government Code of the State of California which authorizes the joint exercise by agreement of two public agencies of any power common to them.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERM: This MOU shall apply to the period of July 1, 2023 through June 30, 2025, unless sooner terminated under Provision 6.3 of this MOU.
2. DESIGNATED REPRESENTATIVES: The Director of Administrative Services located at 915 8
th Street, Suite 119, Marysville, CA 95901 is the authorized representative for COUNTY. The City Manager located at 526 C Street, Marysville, CA 95901 is the authorized representative for CITY. Changes in designated representatives shall occur only by advance written notice to the other party.
3. PURPOSE. The purpose of this MOU is to establish the responsibilities and actions required by COUNTY and CITY, as it relates to COUNTY, COUNTY providing funding for road improvements to CITY, as it relates to CITY, CITY constructing the road improvements.
4. SCOPE OF SERVICES AND DUTIES: CITY shall procure contractor, construct improvements and provide project management oversight for Road Improvement Project (hereafter “ROAD PROJECT”), located at 935 14th Street in Marysville.
4.1. The ROAD PROJECT generally consists of, but not limited to, pavement rehabilitation with wedge grinding, 1-inch hot mixed asphalt leveling course, geo-fabric, 2-inch hot mixed asphalt overlay, raising iron and striping.
4.2. This ROAD PROJECT shall be in accordance with all applicable County Standards, City Municipal Code and State Standard Plans and Specifications, and in accordance with all applicable state and federal laws and regulations.
4.3. The CITY shall bid the ROAD PROJECT and award to the lowest responsive, responsible bidder. The City shall be responsible for managing the ROAD PROJECT from start to finish and pay contractor, subcontractor and all vendors for the ROAD PROJECT.
5. FISCAL PROVISIONS
5.1. COUNTY shall agree to provide funding in full to CITY for the entirety of ROAD PROJECT in the amount of One Hundred Twenty Thousand Dollars ($120,000.00) (hereafter “FUNDS”).
5.2. The CITY shall pay for any increase to complete said project.
5.3. The CITY shall use funds at their discretion if any cost savings is realized to the project only after ROAD PROJECT is completed.
5.4. The COUNTY shall release funds once the contract is awarded to contractor and schedule is approved to construct the ROAD PROJECT.
5.5. The CITY shall complete the ROAD PROJECT within the term in Section 1.
6. GENERAL PROVISIONS
6.1. PERFORMANCE. In its performance under this MOU, CITY shall fully comply with the requirements of Yuba County Ordinances, City Municipal Code, Caltrans Standards and Specifications, and all Federal and State laws and regulations.
6.2. AGREEMENTS. This MOU constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties with respect to the subject matter of this MOU.
6.3. MODIFICATION. No modification or waiver of any provision of this MOU or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given.
6.4. ASSIGNMENT PROHIBITED. No party to this MOU may assign or transfer any right or obligation pursuant to this MOU. Any attempted or purported assignment or transfer of any right or obligation pursuant to this MOU shall be void and if no effect.
6.5. INDEMNIFICATION. Each party agrees to indemnify, defend and hold harmless the other party and its elected and appointed councils, boards, commissions, officers, director, trustees, employees, and agents from liability for damage or claims for damage for personal injury, including death, as well as for property damage and, which may arise out of or result from the intentional or negligent acts or omissions of the indemnifying party or any of its employees or agents in connection with this MOU.
6.6. JURISDICTION. It is agreed by the parties hereto that unless otherwise expressly waived by them, any action brought to enforce any of the provisions hereto or for declaratory relief hereunder shall be filed and remain in a Court of competent jurisdiction in the County of Yuba, State of California. If any term, covenant, condition, or provision of this MOU is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provision and / or provisions shall remain in full force and effect and shall be filed and remain in a Court of competent jurisdiction in the County of Yuba, State of California.
6.7. ENTIRE AGREEMENT. This MOU represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may only be modified by a written amendment duly executed by the parties.
6.8. INDEPENDENT CONTRACTOR. It is understood and agreed that Yuba County is an independent contractor and that no partnership or agency is intended or created by this Agreement.
6.9. INSURANCE. Each party, at its sole cost and expense, shall carry insurance or self-insure its activities in connection with this agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, workers’ compensation, property, professional liability, and business automobile liability adequate to cover its potential liabilities hereunder. Each party agrees to provide the other thirty (30) days advance written notice of any cancellation, termination, or lapse of any of the insurance or self-insurance coverages. Failure to maintain insurance as required in this agreement is a material breach of contract and is grounds for termination of the agreement.
7. NOTICES. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this MOU must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail, with postage thereon fully prepaid, and addressed to the party so to be served and addressed as follows.
COUNTY: County of Yuba
Attn: Director of Administrative Services
915 8th Street, Suite 119
Marysville, CA 95901
With a copy to: County Counsel
County of Yuba
915 8th Street, Suite 111
Marysville, CA 95901
CITY: City of Marysville
Attn: City Manager
526 C Street
Marysville, CA 95901
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on ___________________, 2023:
“COUNTY” “CITY”
COUNTY OF YUBA CITY OF MARYSVILLE
______________________________________ ___________________________________ Chairperson Jim Schaad,
Board of Supervisors City Manager
INSURANCE PROVISIONS APPROVED
___________________________________
Tiffany Manuel,
Risk Manager
APPROVED AS TO FORM:
COUNTY COUNSEL
____________________________________
For: Michael Ciccozzi,
County Counsel