COOPERATIVE AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND THE YUBA COUNTY OFFICE OF EDUCATION TO IMPLEMENT THAT CERTAIN PROPOSITION 64 GRANT
ADDRESSING PUBLIC HEALTH AND SAFETY ASSOCIATED WITH THE IMPLEMENTATION OF THE CONTROL, REGULATE AND TAX ADULT USE OF MARIJUANA ACT ("AUMA") This agreement ("Agreement") dated for reference October 1, 2023, is made by and between the City of Marysville (hereinafter "City") and the Yuba County Office of Education (hereinafter "YCOE").
RECITALS
A. The City has entered into the certain "Standard Agreement" ("Agreement BSCC 938-22") between the State of California, Board of State and Community Corrections ("BSCC") wherein the City is the "Contractor" and YCOE is the Lead Public Agency ("LPA") (the "Standard Agreement").
B. The Standard Agreement specifies a proposal wherein YCOE, as the LPA on behalf of the City of Marysville, seeks to implement a Marijuana Intervention and Prevention Program as well as a Youth Recreation Program. A copy of the proposal incorporated within the Standard Agreement is attached hereto as Exhibit A and incorporated into this Agreement.
C. KCE foks to ape i pream anyst the A dard Anemen at certain semises owned by D. The parties by this Agreement seek to render the Premises suitable for YCOE to operate its programs.
NOW, THEREFORE, the parties agree as follows:
SECTION 1
INCORPORATION OF RECITALS
The foregoing recitals are not merely recitals but are contractual in nature are incorporated into this Agreement.
SECTION 2
RENOVATION AND USE OF THE PREMISES
In order to cause the Premises to be placed into a condition for YCOE to operate its contemplated programs, the City will make repairs to the Premises utilizing grant funds received pursuant to the Standard Agreement. Such work shall be as outlined on Exhibit B attached hereto and incorporated herein.
Following repairs to the Premises, YCOE shall use the Premises for those purposes set forth in Section 3, below. YCOE's use of the Premises shall be a license-for-use subject to the terms and provisions set forth in this Agreement.
SECTION 3
USE
YCOE shall use the Premises as a Community Education Center and Parks and Recreation Scheduling Center. YCOE shall provide youth services; Parks and Recreation scheduling software and one full time employee to operate the software and support the City in scheduling efforts. YCOE's activities shall be in furtherance of and in satisfaction of its proposal as set forth in the Standard Agreement.
SECTION 4
NO RENT
The parties agree that YCOE's license to use the Premises is not conditioned upon the payment of rent.
Both parties to this Agreement find and determine that there is sufficient consideration and community benefit from YCOE's operation and of the Program contemplated by the Standard Agreement that rent shall not be paid during the license term of this Agreement.
• SECTION 5
TERM
The term of this Agreement shall begin effective October 1, 2023, and shall continue until April 30, 2028.
Notwithstanding the foregoing, the City may, upon no less than six (6) months prior written notice to YCOE, cause early termination of this Agreement.
SECTION 6
SECURITY DEPOSIT
Concurrently with the YCOE's execution of this Agreement, the YCOE has deposited with the City the sum of $1,000. Said sum shall be held by the City as security for the faithful performance by the YCOE of all terms, covenants, and conditions of this Agreement to be kept and performed by the YCOE during the term hereof.
SECTION 7
ADDITIONAL CONSIDERATION
YCOE shall dedicate one staff member at the Premises for the implementation, monitoring, and operation of the Rec Desk Software program for scheduling parks and recreation for the City of Marysville. City of Marysville staff will also have access and be able to utilize this software remotely for the term of the Agreement.
YCOE shall pay all applicable real estate taxes and insurance premiums on the Premises, including land, building, and improvements thereon. Said real estate taxes shall include all real estate taxes and assessments that are levied upon and/or assessed against the Premises, including any taxes which may be levied on rents.
This Agreement may create a possessory interest subject to property taxation. The YCOE may be responsible for taxes levied concerning such possessory interest and YCOE agrees to pay the same to the extent such taxes apply (Revenue and Taxation Code Section 107.6). YCOE shall be responsible to pay any of these taxes.
SECTION 8
USES PROHIBITED
YCOE shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents or cause a cancellation of any insurance policy covering said Building or any part thereof or any of its contents. 2 SECTION 9
COMPLIANCE WITH LAW
YCOE shall not use the Premises or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. YCOE shall, at COE's sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or which may hereinafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by YCOE's improvements or acts. The judgment of any court of competent jurisdiction or the admission of YCOE in any action against YCOE, whether City is a party thereto or not, that YCOE has violated any law, statute, ordinance, or governmental rule, regulation, or requirement, shall be conclusive of that fact as between City and YCOE.
The laws, the subject of this, include without limitation the Americans with Disabilities Act and any other laws pertaining to disabled persons' access to the Premises.
SECTION 10
INSURANCE
Insurance. YCOE shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by YCOE, its agents, representatives, employees, or subcontractors.
This Agreement identifies the minimum insurance levels with which YCOE shall comply; however, the minimum insurance levels shall not relieve the YCOE of any other performance responsibilities under this Agreement (including the indemnity requirements) and the YCOE may carry, at its own expense, any additional insurance it deems necessary or prudent.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) or Insurance Services Office Form (CG 00 09 11 88 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Minimum Limits of Insurance. The contractor shall maintain limits no less than the following:
1. General Liability: (including operations, products, and completed operations): $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Workers Compensation: As required by the State of California. 3 4. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
5. Deductibles and Self-Insured Retentions: Any deductibles or self-insured Retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions with respects City, its officers, officials, employee, and volunteers; or the YCOE shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administrations and defense expenses.
Other Insurance Provisions:
1. City, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, or hired or borrowed by or on behalf of YCOE; and with respect to liability arising out of work or operations furnished in connection with the Agreement. General liability coverage can be provided in the form of an endorsement to the YCOE's insurance or as a separate owner's policy.
2. For any claims related to this Agreement, the YCOE's insurance coverage shall be primary insurance with respect City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of the YCOE's insurance and shall not contribute to it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been provided to the City via certified mail with return receipt.
Waiver of Subrogation. YCOE hereby agrees to waive subrogation which any insurer of YCOE may acquire from YCOE by virtue of the payment of any loss. The YCOE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver or subrogation in favor of the City for all work performed by YCOE, its employees, agents, and subcontractors.
Qualifications of Insurers. All insurance companies providing coverage to YCOE shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California and shall have an A.M. Best's rating of not less than "A: VII".
Verification of Coverage. YCOE shall furnish City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than City's forms, provided those endorsements or policies conform to the requirements. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Contractors. YCOE shall require and verify that any of its contractors maintain insurance meeting all the requirements stated herein. YCOE shall provide City with verification of Contractor required insurance to the extent described in subsection 10.5 above.
SECTION 11
INDEMNIFICATION
To the fullest extent allowed by law, YCOE specifically agrees to indemnify, defend, and hold harmless 4 City, its officers, agents, volunteers and employees (hereinafter collectively "City") from and against any and all actions, claims, demands, losses, expenses (including attorneys' fees and expert witness expenses), damages and liabilities resulting from injury or death of a person or injury to property or any other claim, City in enforcing this indemnity, including reasonable attorney's fees. YCOE shall provide indemnity to City pursuant to this paragraph in the event Claimant and/or City allege conduct on YCOE's part which YCOE fully or partially responsible for the alleged claim or otherwise obligated to provide a defense and/or indemnity to City. YCOE's obligations of defense and indemnity arise even if the claim is frivolous or lacking in merit. YCOE shall defend and indemnify the City pursuant to this section unless and until it is finally established by a court of law that City's sole active negligence or willful misconduct caused the alleged claim. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall in no way be limited by, the insurance obligations contained in this Agreement.
The indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for the YCOE or its agents under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnity provisions of this section survive the termination and/or expiration of this Agreement.
The YCOE's duty to defend is separate and independent of its duty to indemnify. The duty to defend includes claims for which the City may be liable without fault or be strictly liable. The duty to defend applies regardless of whether the issues of negligence, strict liability, fault, default, or other obligations on the part of the City have been determined. The duty to defend applies immediately regardless of whether City has paid any sums or incurred any detriment arising out of or relating (directly or indirectly) to any claims. Notwithstanding the foregoing, City on behalf of itself reserves the right to assume the defense of any action, arbitration or proceeding against which YCOE may have an obligation to defend pursuant to this Agreement including the right to appoint counsel of its choice, without affecting YCOE's obligation to indemnify for the cost of such defense.
YCOE shall be liable to City for any loss of or damage to City arising from or in connection with YCOE's performance hereunder. The City may deduct any costs and expenses incurred pursuant to the above from payments due or which may become due to the YCOE.
SECTION 12
ALTERATIONS AND ADDITIONS
YCOE shall not make or allow to be made any alterations, additions, or improvements to the Premises or any part thereof without first obtaining the written consent of City, and any alterations, additions or improvements to said Premises, including, but not limited to, wall coverings, paneling, and built-in cabinet work, but excepting moveable furniture and trade fixtures, shall at once become a part of the realty and belong to City and shall be surrendered with the Premises. In the event City consents to the making of any alterations, additions, or improvements to the Premises, by YCOE, the same shall be made by YCOE at YCOE's sole cost and expense. Upon the expiration or sooner termination of the term hereof, YCOE shall upon written demand by City, give at least thirty (30) days prior to the end of the term, at YOE's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by YCOE, designated by City to be removed, and YCOE shall; forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises caused by such removal.
SECTION 13
[RESERVED]
5 SECTION 14
LIENS
YCOE shall keep the Premises and the property in which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of YCOE.
City may require, at City's sole option, that YCOE shall provide to City, at YCOE's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 ½) times the estimated cost of any improvements, additions, or alternations in the Premises which YCOE desires to make, to insure City against any liability for mechanics' and materialmen's liens and to insure completion of work.
SECTION 15
[RESERVED]
SECTION 16
UTILITIES
YCOE shall pay for all water, gas, heat, light, power, sewer charges, telephone service, and all other services and utilities supplied to the Premises together with any taxes thereon. If any such services are not separately metered to YCOE, YCOE shall pay a reasonable proportion to be determined by City of all charges jointly metered with other premises.
SECTION 17
PERSONAL PROPERTY TAXES
YCOE shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all YCOE's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises. Pursuant to Section 7, YCOE shall be responsible for payment of any taxable possessory interest in addition to rent and other charges under this Agreement.
SECTION 18
ENTRY BY CITY
City reserves, and shall at any and all times have the right to enter the Premises to inspect same, to submit said Premises to prospective purchasers or tenants, to post notices of non-responsibility, to repair the Premises and any portion of the Building of which the Premises are a part that City may deem necessary or desirable, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked thereby, and further providing that the business of YCOE shall not be interfered with unreasonably. YCOE hereby waives any claim for damages or for any injury or inconvenience to or interference with YCOE's operations, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby. For each of the aforesaid purposes, City shall at all times have and retain a key with which to unlock all of the doors in, upon, and about the Premises, excluding YCOE's vaults, safes and files, and City shall have the right to use any and all means which City may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to YCOE except for any failure to exercise due care for YCOE's property and any entry to the Premises obtained by City by any of said means, or otherwise, shall not under any circumstances by construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of YCOE from the Premises or any portion thereof.
6 SECTION 19
YCOE'S DEFAULT
It shall be a breach of this Agreement if YCOE vacates or abandons the Premises or discontinues the operation of its programs as described in Exhibit A attached hereto. If the standard agreement with BSCC is terminated at no fault of the County, it shall not be considered a default if YCOE vacates or abandons the Premises or discontinues the operation of its Program.
SECTION 20
RECONSTRUCTION
In the event the Premises are damaged by fire or other perils covered by extended coverage insurance, the City agrees to forthwith repair the same and this Agreement shall remain in full force and effect.
In the event the Premises are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then the City shall forthwith repair the same, provided the extent of destruction is less than 10% of the then full replacement cost of the Premises. In the event the destruction of the Premises is to an extent of 10% or more of the full replacement cost, then the City shall have the option to repair or restore such damage or cancel this Agreement.
SECTION 21
EMINENT DOMAIN
If more than twenty-five percent (25%) of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, either party hereto shall have the right, at its option, within sixty (60) days after said taking, to terminate this Agreement upon thirty days written notice.
SECTION 22
MISCELLANEOUS PROVISIONS
1. Waiver. The waiver by City of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition of any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by City shall not be deemed to be a waiver of any preceding default by YCOE of any term, covenant or condition of this Agreement, other than the failure of YCOE to pay the particular rental so accepted, regardless of City's knowledge of such preceding default at the time of the acceptance of such rent.
2. Time. Time is of the essence of this Agreement and each and all of its provision in which performance is a factor.
3. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto.
4. Prior Agreements. This Agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Agreement shall not be effective or binding on any party until fully executed by both parties hereto.
5. Partial Invalidity. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect.
6. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.
7. Choice of Law. This Agreement shall be governed by the laws of the State of California.
8. Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys' fees. In addition, should it be necessary for City to employ legal counsel to enforce any of the provisions herein contained, YCOE agrees to pay all attorneys' fees and court costs reasonably incurred.
9. Notices. All notices and demands which may or are to be required or permitted to be given by either party on the other hereunder shall be in writing. All notices and demands by City to YCOE shall be sent by United States Mail, postage prepaid, addressed to YCOE at the Premises, and to the address herein below, or to such other place as YCOE may from time to time designate in a notice o City. All notices and demands by YCOE to City shall be sent by United States Mail, postage prepaid, addressed to City at the address set forth herein, and to such other person or place a City may from time to time designate in a notice to YCOE.
TO CITY AT:
City of Marysville
526 C Street
Marysville CA 95901
Attn: Jim Schaad, City Manager
CC:
Rich, Fuidge, Bordsen & Galyean, Inc.
1129 D Street
Marysville, CA 95901 Attn: Brant J. Bordsen
TO YCOE AT:
Yuba County Office of Education
935 14h Street
Marysville, CA 95901
Attn: Bobbi Abold
10. Signage. YCOE will place a monument sign on the property identifying the Yuba County Office designed and Carved by boucatienCE and thei prior to ving lied in the proper ill be
11. Other.
a. Third Party Beneficiaries. The agreements and covenants contained herein are made solely for 8 the benefit of the Parties, their respective successors, and assigns, and shall not be construed as benefitting any person or entity who is not a party to this Agreement, or otherwise, give rise to any cause of action in any person or entity who is not a party hereto. b. Entire Agreement: Modifications. This Agreement, including any Exhibits attached hereto, contains the entire agreement between the parties and with the enforcement is sought in connection with any matter mentioned or contemplated herein, and all prior or contemporaneous proposals, agreements, understandings, and representations, whether oral or written, are merged herein and superseded hereby. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless same is in writing and signed by the Party against whom the enforcement thereof is sought. c. Multiple Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same document.
d. Survival. The provisions of this Agreement relating to indemnification from one Party to the other Party, insurance obligations and other obligations of a continuing nature shall survive the termination or earlier expiration of this Agreement and shall continue until they are fully satisfied.
IN WITNESS WHEREOF the Parties have caused this Agreement to be executed and delivered by their duly authorized representatives as of the effective date of this Agreement.
YCOE Signature City Signature
Pos GREGAR
Printed Name of above Printed Name of above
1/26/23
Date signed by YCOE Date signed by City
City Clerk:
Nicole Moe
Attestation Date:
9 EXHIBIT A
PROPOSAL Yuba County Office of Education as the Lead Public Agency on ABSTRACT behalf of the City of Marysville is submitting the Prop 64 grant application through the Board of State and Community Corrections to implement a Marijuana Intervention and Prevention Program as well as a Youth Recreation Program. Yuba County Office of Education in partnership with Marysville Joint Unified School District, Yuba County Library, Yuba County Probation Department, and the City of Marysville plans to implement two needed programs to our rural and low-income communities.
The Marijuana Prevention and Intervention Program is a three-tiered evidence-based program. Tier 1 services are aimed to support all youth universally by providing anti-marijuana use campaigns at schools' sites. We aim to increase education and awareness through assemblies, posters, marketing materials, and group activities. Tier 2 services include two components. The first is an educational training series for school site staff, parents, and community members. This training series provides techniques to identify minor marijuana use, handling difficult behaviors from marijuana use, and supportive techniques to reduce and eliminate marijuana use amongst minors.
The second component to this tier is group education to minors who have been identified as using and/or involved in marijuana. Tier 3 which is our most intensive tier is provided individual marijuana counseling to students and their parents. Tier 3 invoived two key aspects that involves working with parents to reduce students obtaining marijuana through home grows, shoulder tapping (which is a term used when a minor asks an adult to obtain marijuana for them and the enabling of parents allowing students to use marijuana. The second key aspect is working with school site administrators to divert students away by offering a diversion rather than a discipline.
When a student is caught using or handling Marijuana the site administrator can refer the youth to our program rather than suspension or expulsion. If the student completes our program, then the discipline action is redacted. If they do not, then they fulfil their discipline terms.
The second program is a Youth Recreation program that aims to provide pro-social educational activities to youth. The goal of the program is to provide pro-social activities to students during vulnerable times of 3:00 PM - 6:00PM to reduce the amount of free time a youth must be exposed to marijuana use and/or involvement.
Pro-social activities during after school time, weekends, summer, and holiday breaks include but are not limited to science camp, Lego engineering camp, fishing camp, sports camp, and art camps.
SECTION III - This section requires responses
PROPOSAL
NARRATIVE
Proposal Narrative The Proposal Narrative section must address the following Rating Instructions Factors- Project Need, the Project Description, and the Project Evaluation - as outlined in the Prop 64 Cohort 3 RFP Information Packet, beginning on page 18 of the Prop 64 Cohort 3 RFP Instruction Packet. Narrative in this section must clearly identify and delineate each Factor Section (i.e., Project Need, the Project Description, and the Project Evaluation) when responding. Sources cited must be included within Proposal Narrative or may be referenced within the optional RFP- Additional Information attachment. it is up to the applicant to determine how best to use the total character limit in addressing each section (i.e., Project Need, the Project Description, and the Project Evaluation) . However, the Applicant may use the percent of total point value for each section as a guide. The Rating Factors and weighted value are provided in the Prop 64 Cohort 3 RFP Instruction Packet (Page 15). The Project Work Plan must also be uploaded to this Section as it is rated under the Project Description Rating Factor (2.6).
Proposal Narrative
Project Need
1.1 Describe the need(s) related to the impact of the passage of Proposition 64
After the passage of Proposition 64, the impact of marijuana use has been negative, even detrimental to school age youth. As evidenced in the data provided in section1.4, the passage of this legislation has made it easier for minors to obtain marijuana through personal grows, maryuana delivery companies, and through older adults that illegally purchase and supply marijuana for minor consumption.
The needs in Yuba County related to the impact of the passage of Proposition 64 are as follows: 1. Direct one-one services at school sites in which students attend to increase accessibility to services. 2.
Educational campaigns that provide knowledge to students regarding the effects of underage cannabis use. 3. An increase in pro-social activities outside of school hours to divert the free time students have which limits the available time for cannabis consumption amongst students.
1.2a. Demonstrate how the need(s) is related to Project Purpose Area (PPA) 1 - Youth Development/Youth Prevention and Intervention.
The three described needs, direct one-one services at school sites in which students attend to increase accessibility, educational campaigns that provide knowledge to students regarding the effects of underage cannabis use, and an increase in pro-social activities outside of school hours to divert the free time students have which limits the available time for cannabis consumption among students, relate to Project Purpose Area (PPA) 1 by providing direct prevention, intervention and diversion services to youth involved in or potentially involved in cannabis. Each described need directly correlates with youth development/ Youth Prevention and Intervention as described in the Proposition 64 grant RFA.
1.3 Provide local service gaps that contribute to the need for the proposed Proposition 64 project are identified.
Local service gaps that contribute to the need for the proposed Proposition 64 project include: 1. Lack of program services. Yuba County Office of Education is the only marijuana intervention and prevention service provider for minors which is funded by the Board of State Community Correction Prop 64 Cohort 1 funding. 2.
Accessibility to program services. It has been identified through stakeholder engagement meetings that accessibility to services has been a barrier for families in Yuba County. Services from YCOE have been made available to students and families in the school sites as well as in home/community. Yuba County being a rural and low- income community has made accessibility to services an on-going service gap 3. Diversion strategies rather than punitive strategies.
This has been a service gap that YCOE has made a priority. Despite common knowledge that exclusionary disciplinary practices, such as suspension, are huge stressors that can sever a teacher-student relationship, the California Education code allows that, -certain marijuana offenses be left to local discretion as to whether they warrant suspension. YCOE has been utilized as a diversion program throughout school sites in Yuba County to close this service gap.
With continued funding, YCOE plans to implement diversion services in all Yuba County school sites rather than solely suspensions. A student can be referred to our program rather than suspended. If the student completes the program, they are provided a letter of completion and the suspension is redacted.
1.4 Provide relevant local qualitative and/or quantitative data with citations in support of the Prop 64 PH&S project need(s).
Yuba Counties cannabis use amongst minors has been increasing over the past few years. Data was collected from our counties largest school district, Marysville Joint Unified School District (MJUSD), Yuba County Office of Education, and Yuba County Probation. MJUSD reported that last school year (2021/2022) there had been 99 suspensions for students involved in cannabis. Of those 99 suspensions, nine students were expelled for serious marijuana offenses. California Healthy Kids Survey (CHKS) was conducted in schools sites throughout MJUSD in 2019 prior to the Covid-19 pandemic. MJUSD had a total of 9360 students during the 2021/2022 school year. This survey collected student data regarding various topics including marijuana usage and possession. According to this survey, 11.7% of students in the 9th grade had used marijuana on school property at least one month before the survey was distributed. 7.4% of 11th grades answered they too used marijuana on school property at least one month prior to the survey. Data was collected, for the 2021/2022 school year, from the Tri-County Juvenile Rehabilitation Facility (Juvenile Hall) which is in Marysville and operated by Yuba County Probation. This data showed that an average of 95% of students incarcerated, used cannabis prior to their incarceration. Average attendance for Juvenile Hall was 16 students.
Furthermore, a census was collected at Thomas E Mathews (TEM), the Yuba County expulsion and probation school. Enrollment at TEM was 64 students at the time data was collected. Data showed that 81% (52 students) of TEM students had constantly used marijuana. 71% (46 students) of students stated that they were addicted to marijuana and were unable to quit using.
Looking deeper into MJUSD data showed that 9360 students enrolled in 2019, -6954 students were socio-economically disadvantaged. Of those students, 75 students were homeless, 1266 students had a learning disability. This data shows the vulnerable populations that are at high risk of using cannabis. Furthermore 4265 students were Hispanic, and 360 students were African American. These populations have also been systematically targeted by the "war on drugs."
Other factors that are considered to contribute to marijuana use amongst students are poverty rates, employment rates, and behavioral health data. Data was collected on these topics from kids data .org. The data showed the following: In 2018 there were a total of 20874 children in Yuba County. 3395 students were living in areas of concentrated poverty, 1022 student were living in deep poverty, and 2797 students were participating in Cal Works programs. 3085 students were living with food insecurities inside their homes. Yuba County is a rural county with limited resources and a high poverty rate. These data indicators are contributed to the generational cycle of marijuana use, including use amongst students, in Yuba County.
1.5 Describe the process that was used to determine the need(s), including soliciting input from key stakeholders (e.g., community, public, private).
YCOE has gathered input from MJUSD, the City of Marysville, Yuba County Career Preparatory Charter School, and community partners.
Multiple stakeholder engagement meetings have taken place. These stakeholder engagement meetings demonstrate the need for more Marijuana Prevention and Intervention services. Partner agencies have expressed that having only one staff serving Yuba County students is insufficient compared to the need for services.
Furthermore, these meetings make it apparent there is a need for increased pro-social activities. YCOE has implemented a Youth Recreation Program that serves youth throughout Yuba County.
These services have been greatly appreciated by our local partners, but the impact of services cannot keep up with the staggering demand. Staff working on the program have capacity to serve 20 students at once. At the current rate of demand, there is a waitlist of 5-15 students at any given time.
Project Description
2.1 Describe the proposed project that will address the need(s) discussed in the Project Needs section. The description should:
• Describe the components of the proposed project that links to each PPA, as applicable.
• Describe the target area and/or population which will be the focus of the project, including how and why it was selected.
• If applicable, provide an estimate of how many individuals will be served and the process for determining which services/activities an individual/group will receive.
Marijuana Prevention and Intervention Program
YCOE is proposing two programs for the BSCC Prop 64 Cohort 4 grant funding. These programs consist of a Marijuana Prevention and Intervention program as well as a Youth Recreation Program.
The Marijuana Prevention and Intervention program is an evidenced based program that uses the Marijuana Prevention Plus Wellness curriculum as well as the Harvard University Cannabis Tool Kit. The Marijuana Prevention and Intervention Program is a three-tier service program that utilizes harm reduction tactics, educational awareness, and parent interventions. The three-tier program is described below.
Tier 1: Tier 1 provides universal support to all students. Staff will create school wide campaign efforts to increase education regarding the effect of cannabis use. These campaign efforts target students during red ribbon and throughout the school year. Services include posters, student activities, assembly efforts, and marketing to students for underage cannabis use.
Tier 2: Tier 2 services are implemented to support students with additional needs and include a referral system that can be conducted by the school site counselor, administrator, and/or school registrar.
Referrals are sent to the designated YCOE staff that schedules a series of one-hour meetings for 2-6 sessions that provide marijuana education and awareness. Topics from this series include but are not limited to cognitive function under cannabis, health effects, mental health effects, and myths regarding underage cannabis youth. These interventions are provided by evidenced based curriculum.
Tier 3: Tier 3 services are the most intensive services offered to select students based on identified need, - include one-one marijuana counseling on a referral basis. Local partnering school districts utilize this Tier 3 services as a diversion tactic at their school sites.
When a student is caught using or possessing cannabis on school sites, they are referred to our program with the option of reducing/eliminating the suspension time if they complete the program. This program consists of weekly one-one meetings using the evidenced based curriculum Marijuana Prevention Plus Wellness.
After the student successfully completes the program, they are provided a letter of completion to the site admin which dismisses their suspension. If the student does not complete the program, they fulfil the full suspension requirements. Another layer to the Tier 3 is family services. Yuba County has a high rate of parents utilizing and growing marijuana which gets into the possession of students. Yuba County Office of Education provides evidenced based curriculum to parents that teaches parents to identify whether their child utilizes cannabis, ways to handle behavior, and supportive harm reduction tactics for parents who have children that use marijuana. Curriculum is based on the Stanford Marijuana Tool Kit.
Youth Recreation Program
The City of Marysville and Yuba County do not have a parks and recreation program, theater, or youth entertainment. The limited activities for youth create an increase of marijuana usage because of the excess free time students have during critical times of 3:00 PM - 6:00PM on weekdays and throughout the weekends. YCOE will provide various pro-social activities such as but not limited to sports camps, science camps, community resource events, and seasonal events. The program is modeled after the evidenced based programing "The Rational for Recreation Services for Youth: An Evidenced Based Approach" published by the National Recreation and Park Association. YCOE has partnered with Yuba County Library, Olivehurst Public Utility District, and the City of Marysville to provide pro-social activities. A minimum of one activity will be scheduled each month. Parents, guardians, and care givers can sign their children up through a universal registration system online called RecDesk. The Youth Recreation Service aims to productively occupy the amount of free time youth have available to mitigate the ability to access marijuana.
During the last two years of the BSCC Prop 64 Cohort 1 funding, YCOE was able to serve 173 cannabis involved students in the Marijuana Prevention and Intervention Program. With expansion of services YCOE hopes to serve an a total of 350 students over the next five-year grant cycle.
Since its inception, the Youth Recreation Program has been able to serve over 500 students and families. With expansion of programming, YCOE plans to serve an additional 600 students and families through Yuba County.
Yuba County Office of Education provides various prevention and intervention to students throughout Yuba County. The population was chosen based on the expertise and partnerships Yuba County Office of Education has with school districts within Yuba County.
2.2 Describe the proposed Proposition 64 project goals and objectives and the impact that includes the relationship to the need and intent of the Proposition 64 Grant.
The proposed goals and objects for the Prop 64 grant are: 1.
Decrease school discipline occurrence regarding marijuana use and/or involvement each year by 1.5 %. 2. Increase educational awareness regarding underage marijuana use to three schools per year. 3. Increase access to pro-social and educational activities to 50 students per year. 4. Provide community resources events to a minimum of 100 participants per year.
Impact
Meeting these goals will create a profound reduction in and mitigate the access and usage of marijuana amongst minors which is a growing issue in our community as demonstrated in section1.1
2.3 Provide rationale for the proposed Proposition 64 project which includes:
• The selection of evidence-based, promising, informed, or innovative practices, interventions, and services.
• A description of relevant evidence or research to support the selection of the proposed program for the target population and the community.
YCOE has chosen the evidenced based programing through an intensive search of evidenced based programs. The Marijuana Prevention Wellness program was chosen because of the
overwhelming evidence published in various clearinghouses and studies. Examples of these include but are not limited to Results First Clearinghouse, Blueprints for Healthy Youth Development, and National Registry of Evidenced-Based Programs Practices. The Results First Clearinghouse released data that showed the program rated a 3.0 on a 4.0 scale, thus demonstrating promise in the reduction of cannabis involvement and usage. The same research showed,
"At a 3-month follow-up, students who participated reported lower frequency and quantity of marijuana use and less heavy use of marijuana in the past 30 days compared with the control group (p < .002). In addition, students who participated in SPORT reported having been using marijuana for shorter periods of time and had less intention to use marijuana in the future compared with students in the control group (p <.002). Students who participated in SPORT also reported less frequent cigarette use in the past 30 days compared with students in the control group (p =01)."
The second study published from Blueprints for Healthy Youth Development provided a rating of 2.8-3.0 in a research study from Substance Abuse and Mental Health Services Administration (SAMSHA). This also showed large evidence of a promising practice.
Evidence from The Rational for Recreation Services for Youth: An Evidenced Based Approach showed "A 2006 survey of more than 600 California 12- to 17-year-olds found that those left unsupervised three or more days per week were twice as likely to hang out with gang members, three times as likely to be engaged in criminal behavior, and more than three times as likely to use illegal drugs (Fight Crime, 2009)." Overall data shown an increase in 9 key aspects
1. reducing juvenile delinquency 2. contributing to increasing positive and reducing negative behaviors 3. exposing youth to less violence
4. improving children's educational performance and thus impact the quality of the future work force and the national economy 5. helping decrease health care costs related to childhood obesity 6. increasing the economic contributions of young people to society when they become adults 7. helping youth develop self-confidence, optimism, and initiative 8. increasing civic responsibility and participation 9. helping reduce parental stress and thus affect health care costs and lost job productivity. YCOE has taken diligent steps in deciding the evidence-based programing to utilize for the Prop 64 grant program.
2.4 Describe the extent to which the proposed project will utilize existing resources or projects.
Substance use has a major impact on individuals, families, and communities.
Children and adolescents who use substances at an early age are more likely to face problems with substance use as adults.2 The effects of youth alcohol and other drug use are cumulative, significantly contributing to a wide range of costly physical and mental health problems.3 Substance use has been linked to risky health behaviors (e.g., unprotected sex, smoking), injuries, motor vehicle accidents, impaired cognitive functioning, poor academic performance, physical violence, and suicide attempts.4
YCOE's Youth Advocacy Department, which also oversees the current Prop 64 team, will leverage other services that support youth who are trying to quit cannabis use. Services that will be leveraged include gang prevention services, social worker, Licensed Marriage and Family Therapist, college and career readiness programs, teen parenting services, and Commercially Sexually Exploited Youth Services. These services can be leveraged to help youth reduce and ultimately quit using marijuana products.
2.5 Describe the experience, staffing, and/or partnerships your organization will use to implement the proposed project [include partners' Letter(s) of Commitment, if applicable]. If partners are to be selected after the grant is awarded, then specify the process and criteria for selecting those partners.
YCOE will be utilizing staffing from the BSCC Prop 64 Cohort 1 funding. These staff have implemented the foundational services in our community. Staff have experience in providing evidence-based marijuana prevention and intervention services as well as Youth Recreation services. Staff have an associate degree and some staff providing marijuana prevention and intervention services have bachelor's degree. Staff are also trained in trauma informed care, mandated reporting, marijuana tool kit by Harvard University, and are members of the California Parks and Recreation Society.
Formal partnerships include Yuba County Library, Olivehurst Public Utility District, Marysville Joint Unified School district, and a physical location with the City of Marysville to provide services and allow access for parents and families to gain access to resources regarding the Youth Recreation Program and the Marijuana Prevention and Intervention Program.
3.1 Describe the plan to determine the staff and/or entity that will conduct the project evaluation and how monitoring activities will be incorporated in the various phases of the project (e.g., start-up, implementation, service delivery period).
Internal program staff will be used to collect and report data to the project Director. Program staff responsible for data collection and reporting will be Prevention Specialists) and Prevention Assistants).
Data monitoring will be conducted as program services begin implementation. Ongoing monitoring will take place monthly. Once data is collected each month, it will be compiled and reviewed by a Prop 64 stakeholder committee that will be comprised of key stakeholders. These practices will be used for quality assurance measures when evaluating the program. A logic model as well as an evaluation guide will be developed to ensure program is being implemented with fidelity and program goals and objectives are being met.
3.2 Identify process and outcome measures that are quantifiable and in line with the intent of the proposal and the objectives listed in the Work Plan.
Outcome measures will be reviewed in monthly meetings. Data such as but not limited to attendance counts, material distribution, and discipline records will be reviewed to measure each outcome. Each outcome will be compared to the following goals listed in the work plan. 1. Decrease school discipline occurrences regarding marijuana use and/or involvement. 2. Increase educational awareness regarding underage marijuana usage. 3. Increase access to pro- social and educational activities to 50 students per year. 4. Provide community resources events to a minimum of 100 participants per year. These goals line with the intent of the proposal to achieve the over arching goal to mitigate the effects of the legalization of marijuana.
3.3 Describe the preliminary plan for monitoring the project to ensure that the project components are implemented as intended.
YCOE plans to implement three phases of monitoring of the Prop 64 project. These phases consist of monthly stakeholder engagement meetings, monthly internal data reviews, including participant surveys.
Monthly stakeholder engagement meetings will consist of YCOE, the City of Marysville, MJUSD, the Yuba County Library, Yuba County Probation, a local business representative and a community parent.
YCOE staff will present monthly data, information, to meeting participants. The stakeholder engagement committee will review the information, provide input, and suggest revisions as necessary. This group will provide accountability to YCOE as the lead public agency to ensure goals and objectives are met.
Monthly internal data meetings with the Prop 64 team will take place to review data measures and ensure YCOE is on track to meet program goals and objectives. This meeting will also be used to review stakeholder input and make decisions to increase and/or decrease program services that best support the students being served.
Lastly, YCOE will survey students and families regarding quality of services. Surveys will be reviewed in both the internal prop 64 meetings as well as the stakeholder engagement committee. Survey data will allow the Prop 64 team to assess community perception and satisfactory of service.
3.4 Describe the preliminary plan for how to collect and evaluate baseline and outcome data related to the process and outcome measures identified in 3.2. Describe a plan for entering into data sharing agreements, if necessary.
YCOEs plan for collecting and evaluating data is broken into four steps.
1. Students who are referred to the marijuana program are sent digitally with a copy of the student's attendance record, transcripts, and discipline record.
2. A Prevention Specialist assigned to the student will conduct a Child and Adolescents Needs and Strength Assessments (CANS).
This assessment is evidenced based and looks at the wholistic child including environmental factors, needs, and parental input.
3. Following the CANS assessment is a one-one interview in which the Prevention Specialist will conduct motivational interviewing to assess the student's marijuana consumption and readiness for harm reduction and/or elimination of use.
4. Once baseline data is collected, monitoring will take affect that will review the progress and/or recession of the student.
3.5 Describe the research design or methodology that will allow for an assessment of whether the strategy implemented achieved the intended outcomes.
The research design for the Prop 64 grant is a qualitative design of case study. The case study research design takes information regarding the subject and assesses the study. This design was chosen based on the various factors that contribute to underage cannabis use. Gathering data and information regarding the student will allow staff to formulate an informed decision of the appropriate intervention to implement with the student.
EXHIBIT B
Repairs to be completed by the City utilizing grant funds:
1) Electrical
a. A full electrical function analysis to be performed
b. Remove and replace several outdated lights
c. Install new lights and fixtures as needed
d. Repairs to existing infrastructure, wiring, devices, and panel 2) Windows
a. Repair windows as needed with tempered and non-tempered glass 3) Exterior Wood Repair
a. Remove and replace siding as needed
b. Repair siding as needed
c. Remove and replace posts and beams as needed
d. Filler wall, door, and window
4) H VAC
a. Remove old fumace and replace with new
b. 3-ton systems upstairs
c. Replace 5-ton system
d. Condensers to install on roof to prevent theft
5) Sheetrock
a. Patches typical repaired
b. Filler wall, door, and window
c. Texture to match existing condition
6) Paint
a. Interior full paint job - semi-gloss white
b. Exterior full paint - body and trim to be chosen
7) Flooring
a. Commercial grade carpet typical throughout
. b. Linoleum bathrooms and kitchen
8) Doors
a. Replace #4 exterior doors with steel doors - 2 doors provided with lever lock hardware for egress
9) Stucco
a. All stucco repairs patch as needed, also beam areas
10) Roof
a. Tear off and reapply new composition shingles on sloped roof b. TPO roof material on flat roof
11) Plumbing
a. Install 40-gal water tank
b. New toilets
c. New lines and angle stops
d. Inspect all plumbing
e. New drains
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12) 4x8 Monument Sign to include City of Marysville Logo 13) Iron Fence in rear yard of the building
14) Outdoor Security Lighting
15) Video surveillance cameras
Maintenance to be provided by the City:
All yard maintenance
Pest Control
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