DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT UNDER THE
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM MOU
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MARYSVILLE AND
HABITAT FOR HUMANITY YUBA/SUTTER
1. Parties
This Memorandum of Understanding (hereinafter referred to as "MOU"') is made and entered into by and between Habitat for Humanity Yuba/Sutter (hereinafter referred to as "Sub-Awardee") whose address is 202 D Street, Marysville, CA 95901, and the City of Marysville whose address is 526 C Street, Marysville, CA 95901.
2. Purpose
The purpose of this MOU is to establish the terms and conditions under which Sub- Awardee will operate its emergency shelter program using funding through the City of Marysville's Permanent Local Housing Allocation (hereinafter referred to as "PLHA"). The parties hereto agree and acknowledge that this MOU is for the use of PLHA funding in the amount of one hundred and forty thousand dollars ($140,000). It is expressly understood that the total amount to be paid for this project shall not exceed the budgeted amount noted herein.
Term of MOU
This MOU is effective October 1, 2023 and shall remain in full force and effect until July 31, 2024. All funds received by Sub-Awardee under this MOU shall be spent prior to June 30, 2024.
4. Responsibilities of Sub-Awardee
Sub-Awardee is responsible for the Administrative Oversight and Facility Operation for the Life Building Center with includes maintaining the property and covering utilities and bills related to the overall function of the site. Trash cleanup will also be provided on the exterior of the premises and will occur along 2nd Street and the 500 Block of F Street, Tuesday-Friday and help maintain and beautify the area.
Sub-Awardee shall provide the City of Marysville with an invoice of funds to be reimbursed by the twentieth (20th) day of each month until the expiration of the MOU. Sub-Awardee shall provide the City of Marysville with an update on program performance. Sub-Awardee shall retain all financial record, supporting documents, statistical records, and all other records pertinent to this MOU for a period of four (4) years. Sub-Awardee is responsible for notifying the City of Marysville of any changes or discontinuation of program services prior to said changes taking place.
5. Non-Discrimination Compliance Each party will comply with the following:
• Federal Executive Order 11246, as amended by Executive Order 11375, relating to equal employment opportunity.
• Title VI of the Civil Rights Act of 1974, as amended. • Rehabilitation Act of 1973, as amended.
• Vietnam Era Veterans Readjustment Assistance Act of 1972, as amended • Title 41, Code of Federal Regulations (CFR), Chapter 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity.
• Public Law 101-336, Americans with Disabilities Act of 1990.
Each party shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment or client because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, sexual orientation or use of family care leave. Each party shall insure that the evaluation and treatment regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.).
6. Conflict of Interest
Each party certifies that its employees and the officers of its governing body shall avoid any actual or potential conflicts of interest, and that no officer or employee who exercises any functions of responsibilities in connection with this MOU shall have any personal financial interest or benefit which either directly or indirectly arise from this MOU.
Each party shall establish safeguards to prohibit employees or officers from using their positions for a purpose which could result in private gain or gives the appearance of being motivated for private gain for themselves or others, particularly those with whom they have family, business, or other interest.
7. General Provisions
Amendments. Either party may request changes to this MOU. Any changes, modifications, revisions, or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, and effective when executed and signed by all parties to this MOU.
Applicable Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this MOU and over the parties, and the venue shall be the County of Yuba.
C. Entirety of Agreement. This MOU, consisting of four pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.
D. Severability. Should any portion of this MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may renegotiate the terms affected by the severance.
E. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third-party beneficiary, and this MOU shall not be construed to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to this MOU and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties to this MOU intend and expressly agree that only party's signatory to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU.
8. Termination
Either party shall have the right to terminate this Agreement at any time for any reason upon thirty (30) days advance written notice to the other party.
9. Indemnification
Sub-Awardee specifically agrees to indemnify, defend, and hold harmless the City of Marysville, its directors, officers, members, agents, and employees (collectively the "Indemnitees") from and against any and all actions, claims, demands, losses, costs, expenses, including reasonable attorneys' fees and costs, damages, and liabilities (collectively "Losses") arising out of or in any way connected with the performance of this
Agreement. Sub-Awardee shall pay all costs and expenses that may be incurred by the City of Marysville in enforcing this indemnity, including reasonable attorneys' fees. The provisions of this Section shall survive the expiration, termination, or assignment of this Agreement.
10. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, California's Uniform Electronic Transaction Act (Ca. Civ. Code§ 1633.1, et seq.) or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
With respect to signatures delivered via facsimile or electronically, each party may request original ink signatures if failure to deliver such original ink signatures shall not affect the validity of the electronic signatures that were delivered.
11. Signatures
In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein.
Sub-Awardee - Habitat for Humanity Yuba/Sutter
09/28/2023
Signature/ Joseph Hale, CEO Date
Grantee - City of Marysville
Signature, Jim Schaad, City Manager Date
Approved as to Legal Form
Brant Bordsen, City of Marysville Legal Counsel