HomeMy WebLinkAboutAGENDA REPORT 2025 0219 CC REG ITEM 10CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 19, 2025
ACTION APPROVED STAFF
RECOMMENDATIONS INCLUDING
ADOPTION OF RESOLUTION NO. 2025-
4301. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
C. Consider Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding (MOU) Between the City of Moorpark and Southern California
Association of Governments (SCAG) to Facilitate Receipt and Administration of a
$250,000 Grant Through the Regional Early Action Planning Grant Program of
2021 (REAP 2.0) Associated with the Downtown Specific Plan Update. Staff
Recommendation: 1) Adopt a Resolution authorizing and directing the City
Manager to: a) Execute a Memorandum of Understanding with SCAG and any
amendments thereto; and b) Make minor administrative or technical corrections
without alternating substantive provisions of the memorandum of understanding;
and c) Take all reasonably necessary and appropriate actions to complete the
update to the City’s Downtown Specific Plan and fulfill all obligations required, and
seek reimbursement of grant funds awarded, pursuant to the above referenced
call for applications and in a manner consistent and in compliance with the REAP
2.0 guidelines and objectives and HIPP guidelines and all applicable state and
federal statutes, rules, regulations, and laws. (ROLL CALL VOTE REQUIRED)
(Staff: Doug Spondello, Community Development Director)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, Community Development Director
DATE: 02/19/2025 Regular Meeting
SUBJECT: Consider Resolution Authorizing the City Manager to Execute a
Memorandum of Understanding (MOU) Between the City of Moorpark
and Southern California Association of Governments (SCAG) to
Facilitate Receipt and Administration of a $250,000 Grant Through
the Regional Early Action Planning Grant Program of 2021 (REAP
2.0) Associated with the Downtown Specific Plan Update
BACKGROUND
On July 5, 2023, the Community Development Department submitted a grant
application for $250,000 to Southern California Association of Governments (SCAG)
under the Regional Early Action Planning Grants (REAP) 2.0 Housing Infill on Public
and Private Lands (HIPP) Program to prepare a comprehensive update to the City’s
Downtown Specific Plan. On September 27, 2023, staff received a notice of conditional
award.
On January 25, 2024, staff received a notice from SCAG regarding potential funding
cuts associated with REAP 2.0 and a request to suspend all activities associated with
the grant and Downtown Specific Plan Update. On July 29, 2024, staff was notified that
the REAP 2.0 program was able to resume and the City could anticipate receiving its full
award. Following extensive review of the project scope, SCAG has now requested that
staff proceed with obtaining City Council approval of a template agreement and
authorization for the City Manager to execute final documents associated with the grant
and proceed with the Downtown Specific Plan Update.
DISCUSSION
The 2050 General Plan identified the following implementation program to update the
Downtown Specific Plan following extensive community input:
Item: 10.C.
153
Honorable City Council
02/19/2025, Regular Meeting
Page 2
LU-124 and COS-125
Downtown Vitalization
and Improvement
Update the Downtown Specific Plan to reflect the General
Plan’s goals and policies promoting its revitalization as the
center of community identity and activity while retaining its
small-town character and existing historical elements.
This update is necessary to align Downtown zoning and land use regulations with the
General Plan’s vision, to encourage economic development, and ensure consistency
with evolving community needs. Additionally, this update will help streamline permitting
processes for high-quality, pedestrian-oriented projects.
Public outreach will be a key component of this update. Staff will conduct multiple
stakeholder meetings, host community workshops, and engage local businesses and
residents through surveys and public meetings to ensure that the plan reflects the
community’s needs and priorities.
Staff will circulate a Request for Proposals to potential consultants for the Downtown
Specific Plan Update in March 2025. A key element of this project is the development
of a form-based code following community outreach with an emphasis on architectural
quality and the pedestrian experience. The project may identify additional permit
streamlining opportunities with the understanding that clear development requirements
that emphasize high-quality and pedestrian-oriented projects should result in an easier
and less discretionary permit process. Standards will be developed for private property
as well as sidewalks, streets, lighting and other considerations in the public realm.
A Memorandum of Understanding (MOU) is required to be executed for the City to be
eligible to receive funding associated with the REAP 2.0 grant program. The project
and all reimbursement requests must be completed by June 30, 2026, in order to
comply with the grant guidelines.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no further environmental review is required.
FISCAL IMPACT
This MOU will provide for the reimbursement of up to $250,000 for costs associated
with the Downtown Specific Plan Update. The City has also committed $25,000 in-kind
for staff time associated with facilitating the project. Anticipated expenses and
corresponding grant revenue will be reflected in the proposed Midyear Fiscal Year (FY)
2024/25 Budget and subsequent budgets over the duration of the Downtown Specific
Plan update. It is anticipated that the awarded grant funding will fully offset costs to the
City, but actual costs will be determined following review of the Request for Proposals
and the selection of a consulting firm to assist with the project.
154
Honorable City Council
02/19/2025, Regular Meeting
Page 3
COUNCIL GOAL COMPLIANCE
This action will assist with implementation of City Council Goal 2, Objective 2.3:
“Downtown Specific Plan.”
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt a Resolution authorizing and directing the City Manager to:
a. Execute a Memorandum of Understanding with SCAG and any
amendments thereto; and
b. Make minor administrative or technical corrections without alternating
substantive provisions of the memorandum of understanding; and
c. Take all reasonably necessary and appropriate actions to complete the
update to the City’s Downtown Specific Plan and fulfill all obligations
required, and seek reimbursement of grant funds awarded, pursuant to the
above referenced call for applications and in a manner consistent and in
compliance with the REAP 2.0 guidelines and objectives and HIPP
guidelines and all applicable state and federal statutes, rules, regulations,
and laws.
Attachment: Draft Resolution No. 2025-___
155
ATTACHMENT
RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MOORPARK AND SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS TO
FACILITATE RECEIPT AND ADMINISTRATION OF A
$250,000 GRANT THROUGH THE REGIONAL EARLY
ACTION PLANNING GRANT PROGRAM OF 2021
ASSOCIATED WITH THE DOWNTOWN SPECIFIC PLAN
UPDATE
WHEREAS, the Regional Early Action Planning Grant Program of 2021
(“REAP 2.0”) program was established by the California state legislature as part of the
2021 California Comeback Plan under AB 140 to confront the statewide housing
affordability crisis by building and expanding on the success of the REAP 2019 program
by integrating housing and climate goals and allowing for broader planning and
implementation investments to facilitate housing supply, choice, and affordability; and
WHEREAS, REAP 2.0 funded activities must meet the program objectives, which
are to accelerate infill development that facilitates housing supply, choice and
affordability; affirmatively further fair housing; and reduce vehicle miles traveled. Further,
all residential development must be in areas meeting the definition for “In Fill” provided in
the REAP 2.0 state guidelines; and
WHEREAS, the Southern California Association of Governments (“SCAG”) issued
a call for applications under the Housing Infill on Public and Private Lands Pilot Program
Grant (”HIPP”); and
WHEREAS, SCAG intends to award $250,000 to City of Moorpark to complete an
update to the City’s Downtown Specific Plan, as outlined in the scope of work included
hereto as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Moorpark hereby authorizes and directs such actions as
are necessary and appropriate to accept the grant award of REAP 2.0 funds in the amount
of $250,000 from SCAG.
SECTION 2. That the City Manager is hereby authorized and directed to:
1. Execute a Memorandum of Understanding with SCAG and any
amendments thereto; and
2. Make minor administrative or technical corrections without alternating
substantive provisions of the memorandum of understanding; and
156
Resolution No. 2025-___
Page 2
3. Take all reasonably necessary and appropriate actions to complete the
update to the City’s Downtown Specific Plan and fulfill all obligations
required, and seek reimbursement of grant funds awarded, pursuant to the
above referenced call for applications and in a manner consistent and in
compliance with the REAP 2.0 guidelines and objectives and HIPP
guidelines and all applicable state and federal statutes, rules, regulations,
and laws.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 19th day of February, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Attachments: Exhibit A –Scope of Work – Downtown Specific Plan Update
Exhibit B – Draft Memorandum of Understanding
157
Resolution No. 2025-___
Page 3
EXHIBIT A
SCOPE OF WORK – DOWNTOWN SPECIFIC PLAN UPDATE
Programs Accelerating Transformative Housing (PATH) Program
Housing Infill on Public and Private Land (HIPP)
City of Moorpark (“Grantee”)
Downtown Specific Plan Update
SCOPE OF WORK
INTRODUCTION
SCAG serves as a catalyst for a brighter future for Southern California by leading a vision to
elevate the region and creating a holistic plan to achieve our unified goals. SCAG authors the
roadmap for Southern California’s mobility and land use by organizing and prioritizing
transportation projects across the region, and spearheading programs to meet environmental,
economic and equity goals, and support jurisdictions in addressing their diverse transportation
and land use needs. SCAG empowers Southern California jurisdictions and organizations to
work toward regional solutions by facilitating resources and opportunities for local
engagement, capacity building and technical assistance, and strategically support and invest
in the region’s most impacted communities.
Programs to Accelerate Transformative Housing (PATH) Program
This project is funded by the Regional Early Action Planning Grant Program of 2021
(REAP 2.0) program, which was established as part of the 2021 California Comeback Plan
under AB 140 to confront the statewide housing affordability crisis. REAP 2.0 builds on the
success of REAP 2019, but expands the program focus by integrating housing and climate
goals and allowing for broader planning and implementation investments to facilitate housing
supply, choice, and affordability. The program is designed to implement SCAG’s Connect
SoCal Plan by supporting integrated and transformative planning and implementation
activities that realize the region’s mobility, land use, housing, and environmental goals. REAP
2.0 provides a $600 million investment to advance implementation of adopted regional plans
by funding planning and development activities that accelerate infill housing and reductions in
per capita vehicle miles traveled (VMT). Statewide REAP 2.0 is administered by the
California Department of Housing and Community Development (HCD) in collaboration with
the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC),
and the California Air Resources Board (CARB). All REAP 2.0 funds must be expended by
June 30, 2026.
In mid-2023, HCD awarded SCAG a total of $246 million to develop programs that further
REAP 2.0 objectives. All projects funded by REAP 2.0 must meet its primary objectives,
which are to accelerate infill housing development, reduce VMT, increase housing supply at
all affordability levels, affirmatively further fair housing, and facilitate the implementation of
adopted regional and local plans to achieve these goals.
158
Resolution No. 2025-___
Page 4
This proposal was developed under SCAG's HIPP program, which is intended to
(1) accelerate infill development that facilitates housing supply, choice, and affordability;
(2) affirmatively further fair housing; and (3) reduce vehicle miles traveled. The program is
intended to assess available infill public-owned and private-owned lands for affordable and
mixed-income housing and neighborhood serving uses and developing land use regulatory
initiatives for increasing residential development capacity in corridor-wide and area-wide infill
areas based in justice, equity, diversity, and inclusion.
PROJECT BACKGROUND
This comprehensive update to the City of Moorpark – Downtown Specific Plan sees a new
realization and vision for infill development at 285 parcel locations resulting in new affordable
housing options within underutilized areas near the Metrolink Station, alongside vibrant
commercial revitalization and new development standards to create a unique identity and
synthesis between public and private realms. This Plan catalyzes higher-density housing and
mixed-use projects within the Plan area and near the Station, with a pathway forward for
quicker infill development including clear development standards. This Plan also catalyzes
higher-density residential uses leveraging existing high-quality regional rail/bus connectivity
and achieving SCAG’s transformational vision to reduce auto dependency, VMT for long-
distance commuters, and household rent/transportation burdens. In order to facilitate this, the
City of Moorpark seeks a consultant team to complete a robust public outreach strategy and
prepare a form-based specific plan that regulates the design of buildings and identifies
placemaking strategies for site improvements for both private properties and the right-of-way.
Permit streamlining is also a desired component.
The boundaries of the Downtown Specific Plan are noted in the 2050 General Plan land use
map, available online at: https://www.moorparkca.gov/DocumentCenter/View/15257/General-
Plan-Land-Use-Map-2023 .
OVERALL PROJECT OBJECTIVES
The City’s 2021-2029 Housing Element and General Plan 2050 indicate that historic
community needs include affordable housing options and improved access to jobs and
services. The identified needs of the Specific Plan area are addressed through several ways:
1. More housing/affordable options: Objectives standards for housing projects will make
most housing projects permitted by right, and streamlined approval processes and
potential incentives will encourage developers to build more housing.
2. Improved public health: With new housing opportunities and development of more
walkable neighborhoods, residents will have more opportunities to walk and use
improved transit service and connections, reducing VMT and improving public health
and community cohesiveness.
Placemaking: Connecting walkable, compact neighborhoods with themed
gateways/wayfinding monuments gives greater access to central City services such as
Moorpark City Hall and the Community Center and the region via rail/bus.
Form-Based Code and Permit Streamlining: A key element of this project is the development
of a form-based code following community outreach with an emphasis on architectural quality
and the pedestrian experience. The project may identify additional permit streamlining
159
Resolution No. 2025-___
Page 5
opportunities with the understanding that clear development requirements that emphasize
high-quality and pedestrian-oriented projects should result in an easier and less discretionary
permit process. Standards should be developed for private property as well as sidewalks,
streets, lighting and other considerations in the public realm.
The Project Consultant (Consultant) shall perform the following Tasks:
TASK 1: PROJECT MANAGEMENT AND COORDINATION
Task 1.1: Project Kick Off Meeting
Within the first month from issuance of the Notice to Proceed, Consultant shall hold a virtual
kickoff meeting with Project Management Team (PMT). The PMT will consist of the SCAG
Project Manager and Deputy Project Manager, the Grantee Project Manager, and other
relevant staff to review project vision and goals and confirm the direction of the technical
approach and engagement efforts.
The kickoff meeting shall be used to review the draft Project Management Plan (PMP,
Task 1.2), project scope of work, schedule, and budget; establish a schedule for the Project
Management Team meetings (PMT, Task 1.3); identify potential stakeholders to engage
(Task 2.1); and confirm communication protocols. Consultant shall also lead a discussion on
data collection (Task 1.6).
Consultant shall provide the kickoff meeting agenda to meeting attendees at least 48 hours in
advance to allow time to review and revise the agenda. Consultant shall provide meeting
notes within 48 hours after the kickoff meeting to meeting attendees to ensure that next steps
are documented. Consultant is responsible for preparing an agenda, presentation materials,
and any handouts ahead of the kickoff meeting and making materials available to all.
Task 1.1
Deliverables:
1.1.1. Project kick off meeting agenda
1.1.2. Project kick off meeting notes and list of attendees
1.1.3. Project kick off presentation and any handouts or any other relevant materials
Task 1.2: Project Management Plan and Schedule
Consultant shall prepare a Project Management Plan (PMP), which will include the contact
information for the key project team, the scope of work, the schedule, the budget, invoicing
progress, reporting details, along with document control and QA/QC procedures. The PMP
shall include deliverables and timelines. The PMP will identify system for project control,
including necessary procedures for conducting the work; managing resources,
communications, budget, schedule, monitoring and reporting project status and progress,
document control and quality assurance/quality control. The PMP shall include safeguards for
early identification of issues and their effective resolution. Upon approval by SCAG, PMP
shall be the document guiding the progression on the overall effort. Consultant shall notify
SCAG as swiftly as possible about any potential necessary updates to the PMP. Any
160
Resolution No. 2025-___
Page 6
proposed changes to the overall PMP must be approved by SCAG. Consultant shall deliver
the PMP prior to the Kickoff Meeting.
Consultant shall develop a schedule showing all work tasks, subtasks, start dates, activity
durations, product submittal dates, key project milestones, and relationships among work
tasks, including critical path items. Each task and subtask deliverable shall be provided to
PMT as it is completed, per the project schedule. PMT shall have a two-week review period
for all deliverables. All comments, edits, suggestions, and questions from the PMT shall be
submitted to Consultant and edits will be incorporated into a revised deliverable.
Task 1.2
Deliverables
1.2.1. Project Management Plan (PMP)
1.2.2. Project schedule
Task 1.3: Project Management Meetings
Consultant Project Manager shall conduct monthly check-in meetings with the Project
Management Team (PMT) that includes the SCAG, Grantee PM and other team members as
needed. The meetings shall be used to update the PMT on project progress, to identify and
plan for upcoming tasks, and to anticipate any concerns or challenges. Consultant shall
provide each meeting agenda at least 48 hours (about 2 days) in advance to meeting
attendees to allow time to review and revise the agenda. Consultant shall provide meeting
notes within 48 hours (about 2 days) after each meeting to attendees to ensure next steps are
documented. Consultant shall provide presentation materials electronically to meeting
attendees at least 24 hours before the meeting.
In addition, Consultant shall be available for phone check-ins with SCAG and the Grantee PM
up to a time commitment of 12 hours.
Task 1.3
Deliverables
1.3.1. Meeting agendas for monthly PMT meetings
1.3.2. Meeting notes with list of attendees
1.3.3. Meeting materials, including presentations or any handouts
1.3.4. Documentation additional check-ins (up to 12 hours)
Task 1.4: Monthly Invoicing and Reporting
Consultant shall prepare monthly invoices and reports in accordance with SCAG invoicing and
reporting methodologies. Each report will follow a format approved by the SCAG Project
Manager. Consultant shall track and report critical path activities and milestones and prepare
and submit monthly progress reports to SCAG. Monthly progress reports shall detail the work
performed and deliverables completed during the previous month, identify any issues
encountered, and provide proposed solution(s) to address said concerns.
161
Resolution No. 2025-___
Page 7
Each monthly progress report will at a minimum include:
• Summary
• Progress narrative
• Description of tasks completed
• Project schedule describing the percentage of each task/deliverable/milestone
• Summary of costs incurred per task/milestone with information on remaining funding by
task
• Schedule and schedule tracking narrative
• List of deliverable items
• Management issues
• Needed corrective actions
• Statement of resolution of problems
• 30-day look ahead
Task 1.4
Deliverables
1.4.1. Monthly invoices
1.4.2. Progress reports
Task 1.5 Project Close-Out Files
At the end of the project, Consultant shall document and assemble all project deliverables and
provide them in accordance with SCAG’s project close out procedures. All deliverables shall
be provided in accordance with the Project Schedule.
Consultant shall document all project deliverables in an organized fashion and deliver them in
an electronic format at the end of the project, along with an Excel file documenting location
and completion of deliverables. Each task shall have its own folder. Within each task there
shall be a folder with the name of the deliverable and the final version of each deliverable
within it. Each meeting held shall have a folder including agendas, notes, and other relevant
materials from that meeting. All deliverables shall be provided in accordance with the Project
Schedule.
Task 1.5
Deliverables
1.5.1. Project close-out files with accompanying Excel file
Task 1.6 REAP Metrics Data Collection and Reporting
Consultant shall work with the SCAG PM on selected measurable outcomes and metrics.
Consultant shall collect related existing conditions from Grantee PM and report on the
selected measurable outcomes and metrics pursuant to SCAG’s schedule provided at project
kickoff.
162
Resolution No. 2025-___
Page 8
Task 1.6
Deliverables
1.6.1 REAP metrics data collection and reporting
TASK 1 SUMMARY OF DELIVERABLES
Task 1.1 1.1.1. Project kick off meeting agenda
1.1.2. Project kick off meeting notes and list of attendees
1.1.3. Project kick off presentation and any handouts or materials
Task 1.2 1.2.1 Project workplan
1.2.2. Project schedule
Task 1.3 1.3.1. Meeting agendas for monthly PMT meetings
1.3.2. Meeting notes with list of attendees
1.3.3. Meeting materials, including presentations or handouts
1.3.4. Documentation of additional check-ins (up to 12 hours)
Task 1.4 1.4.1. Monthly invoices
1.4.2. Progress reports
Task 1.5 1.5.1. Project close-out files with accompanying Excel file
Task 1.6 1.6.1 REAP metrics data collection and reporting
TASK 2: PUBLIC OUTREACH
Task 2.1: Outreach and Engagement Plan
Consultant shall design a public outreach plan featuring meeting dates, topics, identifying
potential stakeholders, and methods of input in coordination with the City of Moorpark. The
outreach plan will address language accessibility, culturally competent methods and
materials, appropriate communications channels and technological access considerations,
and mechanisms for meaningful input, follow-up and follow-through. Components of the
outreach strategy may be targeted to business owners in the vicinity of the project area,
residents in the vicinity of the project area, and the community at-large. The outreach plan
shall clearly outline the timing of the stakeholder engagement and how the feedback will be
utilized to inform the various project deliverables.
To ensure consistency of public information about SCAG programs and funded work
products, Consultant is required to notify and coordinate with SCAG Project Manager who will
coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any
media inquiries or plans for proactively providing information to media outlets.
Task 2.1
Deliverables
2.1.1 Public Outreach Plan with dates, topics, and target audiences
163
Resolution No. 2025-___
Page 9
Task 2.2: Outreach Events and Summary
Consultant shall plan, develop all materials, lead, and attend between 3 and 5 public events
scheduled at a variety of times and locations identified in the Public Outreach Plan within the
Project Area. The outreach shall have a particular focus on accessibility and convenience for
residents of disadvantaged communities (DAC) and historically disinvested communities with
the highest potential for infill housing development.
To promote awareness and encourage local support, local elected officials in the project area
should be invited to outreach activities. The SCAG PM shall coordinate this with the
respective SCAG Government Affairs Officer.
Consultant shall develop accessible, comprehensible, and appealing outreach materials to
support the outreach plan. Consultant shall develop social media posts and announcements
for the Grantee to distribute on Grantee platforms such as social media, newsletters,
webpages and e-blasts.
Consultant is also responsible for crediting SCAG as a funder. All public-facing
communications materials produced under this contract shall acknowledge and give
credit to SCAG, whether with a logo or language. Communications materials include, but
are not limited to, site signage, printed information materials, print and online publications,
websites, advertisements, video, public service announcements, social media postings,
events, media advisories, news releases and all other related materials.
To ensure consistency of public information about SCAG programs and funded work
products, contractor is required to notify and coordinate with SCAG Project Manager who will
coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any
media inquiries or plans for proactively providing information to media outlets related to
encouraging participation or reporting on these engagement activities.
Task 2.2
Deliverables
2.2.1. Outreach Materials (flyers, one-sheets, posters, and presentations) with credit provided
to SCAG as funder
2.2.2. Outreach Summary Memo and incorporation of feedback into final plan
TASK 2 SUMMARY OF DELIVERABLES
Task 2.1 2.1.1. Public Outreach Plan with dates, topics, and target audiences
Task 2.2 2.2.1. Outreach Materials (flyers, one-sheets, posters, and
presentations) with credit provided to SCAG as funder
2.2.2. Outreach Summary Memo and incorporation of feedback into final
plan
164
Resolution No. 2025-___
Page 10
TASK 3: Downtown Specific Plan and Environmental Impact Analysis
Task 3.1: Internal Draft Downtown Specific Plan
Consultant shall draft a Downtown Specific Plan based on the City’s 2050 General Plan,
REAP 2.0 HIIP Program guidelines and other guiding strategic plans. These include, but are
not limited to, the existing Downtown Specific Plan, High Street Streetscape Plan (currently
under development) and related documents. Updated zoning/development standards
associated with recommendations and updated goals/objectives based on 2050 General Plan
and 2021-2029 Housing Element may include environmental considerations/studies regarding
traffic/VMT, cultural and historic resources, water supply, etc. Task should include an internal
review opportunity by City of Moorpark and related revisions in pursuit of the Draft Plan.
Task 3.1
Deliverables
3.1.1. Technical Studies and Internal Draft Downtown Specific Plan
Task 3.2: Environmental Review
Consultant shall conduct an Environmental Review pursuant to the California Environmental
Quality Act. The initial intent of CEQA compliance should be oriented to tiering from the 2050
General Plan Environmental Impact Report. Additional strategies should identify a maximum
development capacity within the project area to ensure that individual projects that implement
the Plan can reference the CEQA analysis provided for the 2050 General Plan and, by
association, the new Downtown Specific Plan. Though it is not anticipated, if the scope of the
project exceeds that evaluated by the 2050 General Plan EIR, additional CEQA analysis may
be required.
Task 3.2
Deliverables
3.2.1. Initial Study and TBD environmental document/determination
Task 3.3: Public Review Draft Plan
Consultant shall post the draft Plan online for public review and comment for a defined period
to be determined. During this time, Consultant shall also present the draft Plan at Planning
Commission and/or City Council for review and comment. Attendance shall be either in-
person or virtual based on consultation with Grantee PM. Consultant is responsible for
developing the staff report and associated presentation materials in consultation with Grantee
PM.
Consultant shall include internal review opportunity by the City of Moorpark and related
revisions in pursuit of the Public Hearing Draft Plan.
Task 3.3
Deliverables
3.3.1. Draft Plan posted to website
165
Resolution No. 2025-___
Page 11
3.3.2. Planning Commission and/or City Council Comments/feedback
3.3.3. Staff report and associated presentation materials
Task 3.4: Public Hearing Draft Plan Revisions
Consultant shall incorporate revisions, as appropriate, based on public comment in pursuit of
the Public Hearing Draft Plan. Consultant shall provide an internal review to the Grantee PM.
Task 3.4
Deliverables
3.4.1. Revised Public Hearing Draft Plan
TASK 3 SUMMARY OF DELIVERABLES
Task 3.1 3.1.1. Technical Studies and Internal Draft Downtown Specific Plan.
Task 3.2 3.2.1. Initial Study and TBD environmental document/determination.
Task 3.3 3.3.1. Public Draft Plan posted to website
3.3.2. Planning Commission and/or City Council Comments/feedback
3.3.3 Staff report and associated presentation materials
Task 3.4 3.4.1 Public Hearing Draft Plan posted to website
TASK 4: Public Hearings and Adoption
Task 4.1: Public Hearings and Adoption
Consultant shall conduct public hearings with the Planning Commission and City Council in
support of the Downtown Specific Pan and associated environmental review. Attendance
shall be either in-person or virtual based on consultation with Grantee PM. Consultant is
responsible for developing the staff report and associated presentation materials in
consultation with Grantee PM.
Consultant shall produce a summary memo detailing key takeaways from the Board hearings.
Task 4.1
Deliverables
4.1.1 Adopted Downtown Specific Plan and associated Environmental Review
4.1.2 Staff report and associated presentation materials
4.1.3. Summary memo of key takeaways from hearings
TASK 4 SUMMARY OF DELIVERABLES
Task 4.1 4.1.1 Adopted Downtown Specific Plan and associated Environmental
Review
4.1.2 Staff report and associated presentation materials
4.1.3. Summary memo of key takeaways from hearings
166
Resolution No. 2025-___
Page 12
TASK 5: Executive Report
Task 5.1: Executive Summary Report
Consultant shall upload all draft and final deliverables to the project folder as provided by the
SCAG PM. Consultant shall also produce a final executive report that summarizes key
takeaways, lesson learned, best practices, and future considerations.
Task 5.1
Deliverables
5.1.1. Executive Summary Report
TASK 5 SUMMARY OF DELIVERABLES
Task 5 5.1.1. Executive Summary Report
167
Resolution No. 2025-___
Page 13
EXHIBIT B
DRAFT MEMORANDUM OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING
No. M-0XX-2X
SCAG Overall Work Program (OWP) No: 305-4925.01
Federal/State Awarding Agency: State of California, Department of Housing and Community
Development
Funding Source: Regional Early Action Planning Grants Program of 2021 (REAP 2.0)
Sub-Recipient Name: City of Moorpark
Sub-Recipient’s UEI No: C8B7P838LL78
Total Amount of Federal Funds Obligated to Sub-Recipient: $0
Total Amount of Non-Federal Funds Obligated to Sub-Recipient: $250,000
Total Amount of the Sub-Award: $250,000
Subaward Period of Performance Start Date: July 30, 2024
Subaward Period of Performance End Date: June 30, 2026
Type of Contract: Project Specific
Method of Payment: See Section 6 of this MOU
Project R&D: N/A
Indirect Cost Rate for the Award: N/A
Fringe Benefits Cost Rate for the Award: N/A
Subaward Project Title: City of Moorpark REAP 2.0 Housing Infill on Public and Private
Lands Pilot Program Grant
Subaward Project Description: City of Moorpark will utilize REAP 2.0 funding for a project
focused on assessing available infill public-owned and private-owned lands for affordable and
mixed-income housing and neighborhood serving uses, and/or land use regulatory initiatives
for increasing residential development capacity in corridor-wide and area-wide infill areas based
in justice, equity, diversity, and inclusion.
168
Resolution No. 2025-___
Page 14
MEMORANDUM OF UNDERSTANDING
No. M-0XX-2X
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND CITY OF MOORPARK
FOR REAP 2.0 HOUSING INFILL ON PUBLIC AND PRIVATE LANDS PILOT PROGRAM
GRANT
(SCAG Project/OWP No. 305-4925.01)
This Memorandum of Understanding (“MOU”) is entered into by and between the Southern
California Association of Governments (“SCAG”) and City of Moorpark (“Sub-Recipient”), for
a Housing Infill on Public and Private Lands (“HIPP”) Pilot Program Grant. SCAG and Sub-
Recipient may be individually referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, the Regional Early Action Planning Grants Program of 2021 (“REAP 2.0”) was
established with a principal goal to make funding available to Metropolitan Planning
Organizations (“MPO”) and other regional entities for transformative planning and
implementation activities that meet housing and equity goals, reduce Vehicle Miles Traveled
per capita, and advance implementation of the region’s Sustainable Communities Strategy or
Alternative Planning Strategy, as applicable; and
WHEREAS, the California Department of Housing and Community Development (“HCD”)
administers REAP 2.0 in accordance with Health and Safety Code sections 50515.06 to
50515.10 (“Statutes”) and REAP 2.0 guidelines for MPO applicants released by HCD pursuant
to the Statutes (“REAP 2.0 Guidelines”); and
WHEREAS, SCAG is the federally designated MPO for Southern California, primarily
responsible for the development of a Regional Transportation Plan/Sustainable Communities
Strategy (“RTP/SCS” also known as “Connect SoCal”) for the counties of Imperial, Los Angeles,
Orange, San Bernardino, Riverside, and Ventura; and
WHEREAS, HCD awarded funds to SCAG under REAP 2.0; and
WHEREAS, SCAG’s Regional Council authorized funding for the HIPP Pilot Program and
approved the guidelines for the HIPP Pilot Program (“Program Guidelines”); and
WHEREAS, SCAG released a Call for Applications for the HIPP Pilot Program; and
WHEREAS, Sub-Recipient, eligible for funds under the HIPP Pilot Program, developed and
submitted a proposed project for the HIPP Pilot Program (“Project”); and
169
Resolution No. 2025-___
Page 15
WHEREAS, SCAG reviewed the Project and determined it to be consistent with the REAP 2.0
Guidelines and Program Guidelines, and approved the Project to receive funding; and
WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
1. Recitals and Exhibits
The Recitals and all exhibits referred to in this MOU are incorporated herein by this reference
and made a part of the provisions of this MOU.
2. Term
The Term of this MOU shall begin on the Effective Date and continue until June 30, 2026,
(“Completion Date”), unless terminated earlier as provided herein. Time is of the essence in
the performance of services under this MOU.
3. Scope of Work and Sub-Recipient’s Responsibilities
a. Sub-Recipient shall be responsible for implementing the Project in accordance with the
“Scope of Work,” attached as Exhibit A.
b. Interim deliverables and tasks, including budgets and schedules, required to implement
the Scope of Work shall be documented using the “Scope of Work Approval Form,”
attached as Exhibit B (“SOW Approval Form”). The SOW Approval Form must be signed
by SCAG Project Manager, SCAG Department Manager, SCAG Deputy Director or their
designee, and Sub-Recipient prior to the performance of the work outlined in the SOW
Approval Form. The SOW Approval Form may be signed by way of a manual or
authorized digital signature, or a signature stamp. The SOW Approval Form may be used
to document interim deliverables and interim deliverable budgets and schedules but may
not be used to modify the deliverables and budget noted in this MOU. The SOW Approval
Form may be amended subject to approval by SCAG. No amendment to the SOW
Approval Form shall be valid unless made in writing and signed by the Parties. If there
is a conflict between the SOW Approval Form and this MOU, this MOU shall prevail.
c. Sub-Recipient must demonstrate a clear and significant nexus to all the REAP 2.0 Goals
and Objectives, as described in Section 9 of this MOU, and must carry out the Project to
meet the REAP 2.0 Goals and Objectives. Any lack of action or action inconsistent with
REAP 2.0 Goals and Objectives may result in review and could be subject to modification
of funding, termination of this MOU, and repayment of the Grant Funds.
d. In compliance with Section 3.e., Sub-Recipient may procure and manage one or more
consultants to ensure the Scope of Work, as outlined in the most current fully executed
SOW Approval Form, is fully performed and the Project is completed in compliance with
this MOU and all applicable laws and regulations.
170
Resolution No. 2025-___
Page 16
e. As a recipient of federal and state funds, SCAG has the responsibility for ensuring that
its procurement process complies with all applicable federal, state and funding
requirements. For all agreements entered into containing funds provided under this MOU
or to perform work under this MOU, Sub-Recipient shall procure in compliance with all
applicable federal, state, and local laws and regulations. All REAP 2.0 funded
procurements must be conducted using a fair and competitive procurement process and
sole source procurements are expressly prohibited.
f. The term “Consultant(s)” shall hereinafter refer to all entities that Sub-Recipient
procures, manages, or otherwise enters into contracts or agreements with, in furtherance
of the Project or this MOU regardless of the timing, nature of service/work provided or
type of organization, including but not limited to government entities, political
subdivisions, subrecipients, consultants, contractors, service providers, suppliers,
independent contractors, professionals, managers, architects, engineers, and
subcontractors.
g. Upon request, Sub-Recipient shall provide information to the SCAG Project Manager
regarding any existing solicitation including but not limited to Requests for Proposals,
Invitation for Bids, Request for Qualifications, and Requests for Quotation (collectively
“RFP”). For new RFPs developed or finalized after the Effective Date of this MOU, Sub-
Recipient shall provide information to the SCAG Project Manager and obtain SCAG
Project Manager’s written approval on any final RFP prior to its issuance. SCAG may
require documentation of RFPs and Notices to Proceed before approval of invoice
reimbursement.
h. When requested, Sub-Recipient shall provide other related documentation of
compliance, as determined by SCAG, with applicable procurement requirements and
terms and conditions of this MOU within ten (10) days of the request.
i. Sub-Recipient shall be responsible for conducting a complete detailed review of
Consultant(s)’ invoices prior to payment. The review shall include, but not be limited to,
ensuring: (1) the work included in the invoice is correctly invoiced and supported; (2)
hours worked equal hours invoiced; (3) charged rates are equal to the contracted rates;
(4) materials and services were received; and (5) that the work performed is consistent
with the Scope of Work. Upon review, Sub-Recipient shall pay Consultant(s)’ invoices
prior to submitting invoices to SCAG for reimbursement.
j. Sub-Recipient shall be accountable to SCAG and HCD to ensure Consultant(s)’
performance. Sub-Recipient’s Project Manager shall be responsible for final approval of
Consultant(s)’ deliverables consistent with the Scope of Work, as outlined in the most
current fully executed SOW Approval Form; provided, however, that prior to approving a
deliverable from the Consultant(s), Sub-Recipient’s Project Manager shall consult with
SCAG’s Project Manager.
171
Resolution No. 2025-___
Page 17
k. Any and all notices, reports, or other communications required by this MOU, including
but not limited to invoices, accounting reports, supporting documentation, and monitoring
reports, shall be submitted under the penalty of perjury.
l. Sub-Recipient shall be responsible for ensuring compliance with all applicable California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)
requirements, and, as applicable, shall serve as the implementing agency for
environmental approval(s).
4. Project Management
a. All work under this MOU shall be coordinated with SCAG and Sub-Recipient through the
Project Managers.
b. For purposes of this MOU, SCAG designates the following individual as its Project
Manager:
Zacharias Gardea
Associate Regional Planner
(213) 630-1446
Gardea@scag.ca.gov
SCAG reserves the right to change this designation.
c. For purposes of this MOU, Sub-Recipient designates the following individual(s) as its
Project Manager:
Douglas Spondello
Community Development Director
City of Moorpark
323 Science Drive, Moorpark CA 93021
(805) 517-6251
Dspondello@moorparkca.gov
Sub-Recipient reserves the right to change this designation upon written notice to SCAG.
5. Funding
Grant Funds: $250,000
Match Contribution: $25,000
a. SCAG’s contribution to the Project is funded wholly with REAP 2.0 funds, in an amount
not to exceed $250,000 (“Grant Funds”).
b. Sub-Recipient shall provide a minimum of $25,000 of match in support of the Project
("Match Contribution"). Match Contribution must be identified in writing and if applicable
172
Resolution No. 2025-___
Page 18
the associated commitments obtained, before the Sub-Recipient can incur any costs for
which the Sub-Recipient will request reimbursement. Match Contribution must adhere to
the terms and conditions of this MOU, including but not limited to the Sections on
Invoices, Reporting, Accounting, and Allowable Uses of Grant Funds. Nothing shall
prohibit the Sub-Recipient from providing additional Match Contribution to the Project,
but the Grant Funds contributed by SCAG shall not exceed the Grant Funds, regardless
of any increased Match Contribution. Match Contribution may be Cash or In-Kind.
i. Match Contribution may be Cash or In-Kind.
1. For the purposes of this MOU, Cash Match Contribution is an actual
cash contribution. Sub-Recipient shall be substantiated by identifying
its source, including a contact name, address and telephone number
and the task(s) to which the Cash Match Contribution will be applied.
2. For the purposes of this MOU, In-Kind Match Contribution is the value
of any real property, equipment, goods, or services contributed to the
Project that would have been allowable costs if the Sub-Recipient was
required to pay for such costs with Grant Funds. In-Kind Match
Contribution may consist of personnel time, contributions provided by
third parties, including labor, vouchers, equipment or other tangible or
allowable real property. In-Kind Match Contribution shall be
substantiated by providing the amount, a description, documented
market or book value, and its source or owner, including a contact
name, address and telephone number and the task(s) to which the In-
Kind Match Contribution will be applied.
c. SCAG shall not be obligated to make payments for any costs that exceed the Grant
Funds. SCAG shall not be obligated to pay for any increase in costs which exceeds the
budget included in this MOU and the most current fully executed SOW Approval Form.
SCAG shall not be obligated to make payments from any source other than funds
provided by HCD to SCAG pursuant to REAP 2.0. In the event HCD terminates its
agreement to provide funds or reduces the funds provided, SCAG shall have the right to
terminate this MOU, in accordance with Section 17, or to amend this MOU to reflect the
changes in funding.
d. SCAG shall make payments to Sub-Recipient only for work performed as part of the
Scope of Work, as outlined in the most current fully executed SOW Approval Form, and
consistent with REAP 2.0 Goals and Objectives, REAP 2.0 Guidelines, and Program
Guidelines.
e. SCAG reserves the right, in its sole discretion, to discontinue funding the Project and/or
terminate this MOU as described in Section 17.
f. Any costs for which Sub-Recipient receives reimbursement or credit that is determined
by a subsequent audit or other review by either SCAG, HCD, other State authorities or
federal cognizant agency to be ineligible or otherwise unallowable, shall be repaid by
173
Resolution No. 2025-___
Page 19
Sub-Recipient within thirty (30) calendar days of Sub-Recipient receiving notice or a
written demand for reimbursement from SCAG. Such repayment may include interest,
penalties, or related fees, as determined by HCD or other State authorities. Should Sub-
Recipient fail to reimburse unallowable costs due to SCAG within thirty (30) calendar
days of demand, or within such other period as may be agreed between both parties
hereto, SCAG is authorized to withhold and/or off-set future payments to Sub-Recipient.
6. Invoices
a. This MOU is a Cost Reimbursement agreement. Amounts claimed must reflect the actual
incurred and paid cost of completed work. The actual incurred and paid costs may not
exceed the Project’s budget set forth in this MOU and the most current fully executed
SOW Approval Form. All invoices submitted to SCAG for payment shall be e-mailed to
accountspayable@scag.ca.gov (file cannot exceed 10MB) and copy the SCAG Project
Manager. All invoices submitted to SCAG for the Project shall reference the OWP Project
Number (OWP No. 305-4925.01).
b. By the twenty-first day following the start of a new month (i.e., January 21, February 21,
March 21), Sub-Recipient shall submit an invoice to SCAG using the electronic “Invoice
Template” in accordance with the invoice submittal instructions and requirements noted
in Exhibit C. Invoices must be submitted in both PDF format and Excel file format.
Invoices shall contain a progress report portion which serves to confirm that the services
have been performed and can be paid. All invoiced costs must be substantiated, by
providing documented support for the expense incurred, such as copies of payroll
reports, paid invoices, and proof of payment. The invoice progress report shall serve as
the formal progress report for the Project and shall be signed by the Sub-Recipient. The
progress report shall include, in narrative form, a description of services performed by
the Sub-Recipient’s staff and Consultant(s) as well as progress toward completion of
tasks related to the Project for the invoiced period and progress achieved toward the
REAP 2.0 Goals and Objectives. SCAG shall review invoices for compliance with this
MOU. If SCAG determines that an invoice is compliant with this MOU, SCAG shall
approve the invoice and issue payment to the Sub-Recipient. If SCAG determines that
an invoice is not compliant with this MOU or the most current fully executed SOW
Approval Form, SCAG may withhold and/or off-set future payment(s) to the Sub-
Recipient.
c. SCAG shall reimburse Sub-Recipient as promptly as SCAG’s fiscal procedures permit,
using Electronic Fund Transfer, available at: ACH Vendor Payment Authorization Form,
upon receipt of itemized invoices submitted in accordance with this MOU. Sub-Recipient
shall complete the ACH Vendor Payment Authorization Form and email it to
ACHpayment@scag.ca.gov, prior to executing this MOU.
d. Incomplete or inaccurate invoices may be returned to Sub-Recipient for correction
without payment until corrected and approved. SCAG may, at its discretion, disallow any
unsupported costs and process the invoice. If Sub-Recipient corrects the error, the
disallowed items can be included in the next set of invoices.
174
Resolution No. 2025-___
Page 20
e. Travel expenses and per diem rates are not to exceed the rates and policies specified
by the State of California Department of Human Resources, which can be found at:
https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.
f. The Parties acknowledge that SCAG’s fiscal year is from July 1 to June 30. Sub-
Recipient agrees to submit all invoices to SCAG for services rendered through June 30th,
no later than July 21st during the Term of this MOU. SCAG shall not be obligated to pay
Sub-Recipient for any invoice received after such date.
g. Sub-Recipient shall submit its final invoice to SCAG within thirty (30) days of the
completion of the Project, but no later than within thirty (30) days after all Grant Funds
have been expended. SCAG shall not be obligated to pay Sub-Recipient for any invoice
received after such date.
h. Sub-Recipient will require that its Consultant(s) pay any contractors and subcontractors
for satisfactorily completed work no later than ten (10) days of receipt of each payment
from Sub-Recipient. The ten (10) calendar days period is applicable unless a shorter
period is required by applicable law.
7. Reporting
a. At any time during the term of this MOU, SCAG may request additional information, as
needed, to demonstrate satisfaction of all requirements identified in the MOU and the
most current fully executed SOW Approval Form.
b. By February 10 of each year following receipt of funding pursuant to this MOU, Sub-
Recipient shall submit an Annual Report using the “Report Template,” attached as
Exhibit D. The Annual Report shall include, in narrative form, a description of services
performed by Sub-Recipient’s staff and Consultant(s) as well as progress toward
completion of tasks related to the Project for the prior year, a reporting of all costs
incurred for that period, and progress achieved toward the REAP 2.0 Goals and
Objectives.
c. When a Project is finalized, and no later than the Completion Date, Sub-Recipient shall
submit a Close-Out Report for the Project. At the time of the execution of this MOU, HCD
has not provided the requirements for the Close-Out Report due to HCD by all grantees
at the conclusion of the grant performance period. Therefore, the Close-Out Report
format required by SCAG of Sub-Recipient is not available at this time, but will be
provided when it becomes available.
d. All reports submitted to SCAG shall reference the OWP Project Number (OWP No. 305-
4925.01).
175
Resolution No. 2025-___
Page 21
8. Accounting
a. Sub-Recipient shall establish and maintain an accounting system and reports that
properly accumulate incurred Project costs by line. The accounting system shall conform
to Generally Accepted Accounting Principles (“GAAP”), enable the determination of
incurred costs as interim points of completion, and provide support for payment vouchers
and invoices.
b. Sub-Recipient shall establish a separate ledger account for receipts and expenditures of
Grant Funds and maintain expenditure details in accordance with the Scope of Work, as
outlined in the most current fully executed SOW Approval Form.
c. Sub-Recipient shall maintain documentation of its normal procurement policy and
competitive procurement bid process and completed procurements, and financial records
of expenditures incurred during the course of the Project in accordance with GAAP.
9. Allowable Uses of Grant Funds
a. Grant Funds shall be expended in compliance with the REAP 2.0 Goals and Objectives.
i. REAP 2.0 Goals (“Goals”) are to invest in housing, planning, and infill housing-
supportive infrastructure across the entire state in a manner that reduces Vehicle
Miles Traveled (“VMT”), increases housing affordability, and advances equity. More
detailed information on the Goals can be found in Section 201 of the REAP 2.0 Notice
of Funding Availability (“NOFA”) and Final Guidelines for MPO Applicants and are
made a part of the provisions of this MOU as if set forth in full.
ii. REAP 2.0 Objectives (“Objectives”) include: (1) accelerating infill development that
facilitates housing supply, choice, and affordability; (2) affirmatively furthering fair
housing; (3) reducing vehicle miles traveled. More detailed information on the
Objectives can be found in Section 202 of the REAP 2.0 NOFA and Final Guidelines
for MPO Applicants and are made a part of the provisions of this MOU as if set forth
in full.
b. Grant Funds shall only be used by Sub-Recipient for activities approved by SCAG and
included in the Scope of Work, as outlined in the most current fully executed SOW
Approval Form.
c. Grant Funds may not be used for administrative costs of persons employed by Sub-
Recipient for activities not directly related to eligible activities.
d. Sub-Recipient shall use no more than five percent (5%) of the Grant Funds for
administrative costs related to the Project, or a maximum of twelve thousand five
hundred ($12,500), whichever is lower. For purposes of this MOU, administrative costs
are the costs incurred in direct support of grant administration that are not included in
the organization’s indirect cost pool. Additional funds may be used from other sources
176
Resolution No. 2025-___
Page 22
solely contributed by Sub-Recipient to support Sub-Recipient’s administration of the
Project.
i. To be eligible for administrative costs, Sub-Recipient must have clearly indicated
if funds would be used towards administrative costs on or before the Effective
Date of this MOU.
ii. If Sub-Recipient is seeking reimbursement for indirect costs and/or fringe benefits
costs, they must annually submit an Indirect Cost Allocation Plan (“ICAP”) or an
Indirect Cost Rate Proposal (“ICRP”) to its cognizant agency for indirect costs
and/or fringe benefits costs in accordance with Title 2 Code of Federal
Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. The cognizant agency for
indirect costs and/or fringe benefits costs means the federal agency responsible
for reviewing, negotiating, and approving ICAPs or ICRPs. Sub-Recipient must
provide their approved indirect cost rate and/or fringe benefit rate and provide a
copy to SCAG Project Manager of the approved negotiated indirect cost rate
agreement (“NICRA”) for the current fiscal year and subsequent years throughout
the performance period.
iii. If Sub-Recipient is seeking reimbursement for fringe benefits costs with absence
of the approved NICRA and proposes to use a rate to allocate the fringe benefits
costs on the basis of entity-wide salaries and wages of the employees receiving
the benefits, they must annually prepare the fringe benefits cost allocation plan in
accordance with 2 CFR 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards and provide a letter from
the Sub-Recipient’s independent auditor confirming the compliance for the current
fiscal year and subsequent years throughout the performance period.
iv. If Sub-Recipient elects a de minimis indirect cost rate as defined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, they must annually complete a certification form provided by
SCAG Project Manager to confirm the eligibility and compliance with 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards and submit the signed form to SCAG Project Manager for the
current fiscal year and subsequent years throughout the performance period. The
de minimis rate is to be applied to modified total direct costs (MTDC) as defined
by 2 CFR Part 200.1.
e. There must be a strong implementation component for the funded activity through REAP
2.0, including, where appropriate, agreement by Sub-Recipient to submit the completed
planning document or effort to the applicable board, council, or other entity for adoption
or approval. If Sub-Recipient does not formally request adoption or approval of the
funded activity, it may be subject to repayment of the Grant Funds.
177
Resolution No. 2025-___
Page 23
10. Work Products
a. For purposes of this MOU, “Work Products” shall mean all deliverables created or
produced under this MOU including, but not limited to, all deliverables conceived or made
either solely or jointly with others during the term of this MOU and during a period of six
months after the termination thereof, which relates to the Project. Work Products shall
not include real property or capital improvements. Work Products includes all
deliverables, inventions, innovations, improvements, or other works of authorship Sub-
Recipient or Consultant(s) may conceive of or develop in the course of this MOU,
whether or not they are eligible for patent, copyright, trademark, trade secret or other
legal protection.
b. Sub-Recipient shall submit one (1) electronic copy of all Work Products associated with
the Project to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products and may, at its sole discretion, grant to Sub-Recipient
a perpetual royalty-free, non-assignable, non-exclusive and irrevocable license to
reproduce, publish or otherwise use Work Products related to the Project and developed
as part of this MOU; provided, however, that any reproduction, publishing, or reuse of
the Work Products will be at Sub-Recipient’s sole risk and without liability or legal
exposure to SCAG.
11. Amendments
No amendment or variation of the terms of this MOU shall be valid unless made in writing
and signed by the Parties. If an amendment is to become effective before the date of full
execution by the Parties, the effective date of such amendment shall be no earlier than the
date that SCAG received the request.
12. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be
personally served on the other Party by the Party giving such notice, or may be served by
certified mail, return receipt requested, to the following addresses:
To SCAG:
Cindy Giraldo
Chief Financial Officer
Southern California Association of Governments
900 Wilshire Blvd., Suite 1700
Los Angeles, CA 90017
(213) 630-1413
giraldo@scag.ca.gov
SCAG reserves the right to change this designation.
178
Resolution No. 2025-___
Page 24
To Sub-Recipient:
Troy Brown
City Manager
City of Moorpark
323 Science Drive
Moorpark, CA 93021
(805) 517-6212
Tbrown@moorparkca.gov
13. Insurance
a. Sub-Recipient, at their own expense, shall procure and maintain policies of insurance, or
provide evidence of self-insurance, of the types and amounts below, for the duration of the
MOU. The policies shall state they afford primary coverage.
Insurance Type Requirements Limits
General Liability Commercial General
Liability insurance with
coverage at least as broad
as Insurance Services
Office form CG 00 01.
Not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily
injury, personal injury, and property damage.
The policy must include contractual liability
that has not been amended. Any
endorsement restricting standard ISO
“insured contract” language will not be
accepted.
Automobile
Liability
Automobile insurance at
least as broad as
Insurance Services Office
form CA 00 01.
Covering bodily injury and property damage
for all activities of the Sub-Recipient arising
out of or in connection with work to be
performed under this MOU, including
coverage for any owned, hired, non-owned,
or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each
accident.
Workers’
Compensation/
Employer’s
Liability
Workers’ Compensation
insurance as required by
the State of California and
Employer’s Liability
Insurance. Not required
for sole proprietors or
Sub-Recipient with no
employees.
Including Occupational Diseases in
accordance with California Law and
Employers’ Liability Insurance with a limit of
not less than $1,000,000 each accident.
Professional
Liability Insurance
Professional Liability
(Errors and Omissions)
insurance appropriate to
the Sub-Recipient’s
profession.
With limits of not less than $1,000,000 per
occurrence. In addition, it shall be required
that the professional liability insurance policy
remain in effect for three (3) years after the
Completion Date of this MOU.
179
Resolution No. 2025-___
Page 25
b. Higher Limits: no representation is made that the minimum insurance requirements of
this MOU are sufficient to cover the indemnity or other obligations of Sub-Recipient under
this MOU.
c. The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
i. SCAG, its officials, employees, and volunteers are to be covered as additional
insureds, as respects to liability arising out of the activities performed by or on
behalf of Sub-Recipient; products and completed operations of Sub-Recipient;
premises owned, occupied or used by Sub-Recipient; or automobiles owned
leased, hired or borrowed by Sub-Recipient. The coverage shall contain no
special limitations on the scope of protection afforded to SCAG, its officials, and
employees.
ii. For any claims related to this Project, Sub-Recipient’s insurance coverage shall
be primary insurance as respects SCAG, its officials, and employees. Any
insurance or self-insurance maintained by SCAG shall be excess of Sub-
Recipient’s insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to SCAG, its officials,
and employees.
iv. Sub-Recipient’s insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of
subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers.
e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to
and approved by SCAG.
f. Insurance is to be placed with California admitted insurers with a current A.M. Best’s
rating of no less than A and be admitted, unless otherwise approved by SCAG.
g. Sub-Recipient shall furnish SCAG with original endorsements and certificates of
insurance evidencing coverage required by this clause. All documents are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All documents are
to be received and approved by SCAG before work commences. Upon request of SCAG
at any time, Sub-Recipient shall provide complete, certified copies of all required
insurance policies, including endorsements affecting the coverage required by these
specifications.
180
Resolution No. 2025-___
Page 26
h. Sub-Recipient agrees to ensure that its Consultant(s) provide the same minimum
insurance coverage and endorsements required of Sub-Recipient. Sub-Recipient agrees
to monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this Section. However,
in the event Sub-Recipient’s Consultant(s) cannot comply with this requirement, which
proof must be submitted to SCAG, Sub-Recipient shall be required to ensure that its
Consultant(s) provide and maintain insurance coverage and endorsements sufficient to
the specific risk of exposure involved with Consultant(s) scope of work and services, with
limits less than required of the Sub-Recipient, but in all other terms consistent with the
Sub-Recipient’s requirements under this MOU. This provision does not relieve Sub-
Recipient of its contractual obligations under the MOU and/or limit its liability to the
amount of insurance coverage provided by its Consultant(s). This provision is intended
solely to provide Sub-Recipient with the ability to utilize Consultant(s) who may be
otherwise qualified to perform the work or services but may not carry the same insurance
limits as required of Sub-Recipient under this MOU given the limited scope of work or
services provided by the Consultant(s). Sub-Recipient agrees that upon request, all
agreements with Consultant(s) will be submitted to SCAG for review.
14. Indemnification
Sub-Recipient shall fully defend, indemnify and hold harmless SCAG, its members, officers,
employees, and agents from any and all claims, losses, liabilities, damages, expenses, suits
or actions including attorneys’ fees, brought forth or arising under any theories or assertions
of liability, occurring by or resulting from or otherwise related to the Project or this MOU.
Such obligations shall not, however, extend to any claims, losses, liabilities, damages,
expenses, suits, or actions that arise from SCAG’s gross negligence or willful misconduct.
15. Disputes
Except as otherwise provided in this MOU, any dispute arising under this MOU which is not
resolved by mutual agreement shall be decided through binding arbitration by a three (3)
member panel in accordance with the rules of the American Arbitration Association and as
provided in this provision. If this provision differs from the rules of the American Arbitration
Association, then this provision shall control. Sub-Recipient shall continue with the
responsibilities under this MOU during any dispute until the dispute is resolved. A judgment
upon the award rendered by arbitration may be entered into any court having jurisdiction
thereof. The arbitration panel shall have the authority to grant any remedy or relief that would
have been available to the Parties had the matter been heard in a court of law. Following
arbitration, the arbitration panel shall prepare a written decision containing the essential
findings and conclusions on which the award is based so as to ensure meaningful judicial
review of the decision. All expenses and fees for the arbitrator and expenses for hearing
facilities and other expenses of arbitration shall be borne equally by both Parties unless they
agree otherwise or unless the arbitrator in the award assesses such expenses against one
of the parties or allocates such expenses other than equally between the Parties. Either
Party may bring an action in court to compel arbitration under this MOU and to enforce an
arbitration award.
181
Resolution No. 2025-___
Page 27
16. Noncompliance
a. In the event of nonperformance or noncompliance with any requirement of this MOU,
including but not limited to Project eligibility, schedule, deliverables, or milestone
timelines, as outlined in the most current fully executed SOW Approval Form, SCAG
may:
i. Issue a written notice to stop work. If such notice is provided, Sub-Recipient and
its Consultant(s) shall immediately cease all work under the MOU. SCAG has the
sole discretion to determine that Sub-Recipient is in compliance with the terms
and conditions after a stop work order, and to deliver a written notice to Sub-
Recipient to resume work under this MOU.
ii. Require repayment of the Grant Funds.
iii. Terminate this MOU pursuant to Section 17.
b. Notwithstanding the provisions set forth above, or any other provision contained in this
MOU, no remedy conferred by any of the specific provisions of this MOU or the SOW
Approval Form, is intended to be exclusive of any other remedy, and each and every
remedy shall be cumulative and shall be in addition to every other remedy existing at law
or in equity or by statute or otherwise.
17. Termination of MOU
a. Termination for Cancellation or Reduction in REAP 2.0 Funding. In the event HCD
terminates or cancels funding to SCAG, this MOU is deemed to be terminated and SCAG
shall be relieved of any and all obligations under this MOU as of the effective date of
HCD’s termination. In the event HCD reduces funding to SCAG, SCAG shall have the
unilateral right to stop work, proportionally reduce funding to Sub-Recipient or terminate
this MOU.
b. Termination for Convenience. Either Party may terminate this MOU at any time by giving
written notice to the other party of such termination at least thirty (30) calendar days
before the effective date of such termination. Should SCAG terminate the MOU for
convenience, upon receipt of the notice of termination, Sub-Recipient shall immediately
take action to avoid incurring any additional obligation costs or expenses except as may
be necessary to terminate its activities or the activities of its Consultant(s). SCAG shall
pay Sub-Recipient its reasonable and allowable costs through the effective date of
termination and is not liable for any expenses after termination, including any costs
associated with Consultant(s). In such event, all finished or unfinished Work Products
shall be provided to SCAG.
c. Termination for Cause. If through any cause, either Party shall fail to timely and adequately
fulfill its obligations under this MOU, or if either Party violates any of the covenants,
terms, or stipulations of this MOU, the non-breaching Party shall thereupon have the
182
Resolution No. 2025-___
Page 28
right to terminate the MOU by giving not less than ten (10) calendar days written notice
to the breaching Party of the intent to terminate and specifying the effective date thereof.
The non-breaching Party shall provide a reasonable opportunity for the breaching Party
to cure prior to termination. In no event shall such opportunity to cure extend beyond the
term of the MOU. In the event that SCAG invokes this termination for cause provision,
Sub-Recipient shall reimburse SCAG for all funds provided for the Project and all finished
or unfinished Work Products shall be provided to SCAG at its option.
18. Records Retention
a. Sub-Recipient and its Consultant(s) shall maintain and make available, in accordance
with Section 19 of this MOU, all source documents, books and records connected with
the Project, documentation of its normal procurement policy and competitive
procurement bid process and completed procurements related to the Project, all work
performed under this MOU, all evidence of environmental clearance, and evidence
demonstrating the funding was used for the appropriate purposes for a minimum of five
(5) years after all Grant Funds have been reimbursed. Wherever practicable, such
records should be collected, transmitted, and stored in open and machine-readable
formats.
b. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been
started before the expiration of the required record retention period, all records shall be
retained and made available by Sub-Recipient and its Consultant(s) for five (5) years
after: (a) the conclusion or resolution of the matter; (b) the date an audit resolution is
achieved for each annual SCAG OWP; or (c) all Grant Funds have been reimbursed,
whichever is later.
19. Monitoring and Audits
a. SCAG may monitor expenditures and activities of Sub-Recipient and its Consultant(s)
as SCAG deems necessary to ensure compliance with the MOU, the Statutes, the REAP
2.0 Guidelines and the Program Guidelines.
b. At any time during the term of this MOU, SCAG, HCD, the California Department of
General Services, the California Bureau of State Audits, or their designated
representatives may perform or cause to be performed a financial audit of any and all
phases of the Project. At their request, Sub-Recipient shall provide, at its own expense,
a financial audit prepared by an independent certified public accountant.
c. Sub-Recipient agrees that SCAG, HCD, the California Department of General Services,
the California Bureau of State Audits, or their designated representatives shall have the
right to review, obtain, and copy all records and supporting documentation related to the
performance of this MOU. Sub-Recipient agrees to provide any relevant information
requested. Copies shall be made and furnished to SCAG upon request at no cost to
SCAG.
183
Resolution No. 2025-___
Page 29
d. Sub-Recipient agrees to permit SCAG, HCD, the California Department of General
Services, the California Bureau of State Audits, or their designated representatives
access to its premises, upon reasonable notice, during normal business hours for the
purpose of interviewing employees who might reasonably have information related to
such records and inspecting and copying such books, records, accounts, and other
material that may be relevant to a matter under investigation for the purpose of
determining compliance with this MOU, the Statutes, the REAP 2.0 Guidelines, or
applicable state and federal laws, rules, and regulations.
e. If there are audit findings from SCAG or HCD’s audit, Sub-Recipient must submit a
detailed response acceptable to SCAG or HCD for each audit finding within ninety (90)
days of the audit finding report.
20. Small Business and Disabled Veteran Business Enterprise Participation
a. If for this MOU Sub-Recipient made a commitment to achieve small business
participation, then Sub-Recipient must within 60 days of receiving final payment under
this MOU (or within such other time period as may be specified elsewhere in this MOU)
report to SCAG the actual percentage of small business participation that was achieved.
(Gov. Code § 14841.)
b. If for this MOU Sub-Recipient made a commitment to achieve disabled veteran business
enterprise (“DVBE”) participation, then Sub-Recipient must within 60 days of receiving
final payment under this MOU (or within such other time period as may be specified
elsewhere in this MOU) certify in a report to SCAG: (1) the total amount the Sub-
Recipient received under the MOU; (2) the name and address of the DVBE(s) that
participated in the performance of the MOU; (3) the amount each DVBE received from
the Sub-Recipient; (4) that all payments under the MOU have been made to the DVBE;
and (5) the actual percentage of DVBE participation that was achieved. A person or entity
that knowingly provides false information shall be subject to a civil penalty for each
violation. (M&V Code § 999.5(d); Gov. Code § 14841.)
21. Compliance with Laws, Rules, and Regulations
a. Sub-Recipient agrees to comply with all federal, state, and local laws, rules, and
regulations applicable to this MOU.
b. Non-Discrimination/Equal Employment Opportunity
i. During the performance of this MOU, Sub-Recipient assures that no person
shall be denied the MOU’s benefits, be excluded from participation or
employment, be denied Project benefits, or be subjected to discrimination based
on race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military
and veteran status, under the Project or any program or activity funded by this
184
Resolution No. 2025-___
Page 30
MOU, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act
(42 U.S.C. §§ 3601-20) and all implementing regulations, the Americans with
Disabilities Act (“ADA”) of 1990 (42 U.S.C. §§ 12101 et seq.) and all applicable
regulations and guidelines issued pursuant to the ADA, and the Age
Discrimination Act of 1975 and all implementing regulations. Sub-Recipient shall
ensure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination.
ii. Sub-Recipient shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated
thereunder (Cal. Code Regs. tit. 2, § 11000 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§
11135 -11139.5), and the regulations or standards adopted by HCD to implement
such article.
iii. Sub-Recipient shall permit access by representatives of the Department of Fair
Employment and Housing, SCAG, and HCD upon reasonable notice at any time
during the normal business hours, but in no case less than 24 hours’ notice, to
such of its books, records, accounts, and all other sources of information and its
facilities as the Department of Fair Employment and Housing, SCAG, or HCD
shall require to ascertain compliance with this Section.
iv. Sub-Recipient shall give written notice of its obligations under this Section to
labor organizations with which they have a collective bargaining or other
agreement.
v. Sub-Recipient shall adopt and implement affirmative processes and procedures
that provide information, outreach, and promotion of opportunities in the Project
to encourage participation of all persons regardless of race, color, national
origin, sex, religion, familial status, or disability. This includes, but is not limited
to, a minority outreach program to ensure the inclusion, to the maximum extent
possible, of minorities and women, and entities owned by minorities and women,
as required by 24 C.F.R. § 92.351.
c. Recycling Certification. Sub-Recipient shall certify in writing under penalty of perjury, the
minimum, if not exact, percentage of post-consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold
to SCAG regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with
the requirements of Section 12156(e), the certification required by this subdivision shall
specify that the cartridges so comply (Pub. Contract Code § 12205).
d. Anti-Trust Claims. Sub-Recipient, by signing this MOU, hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Sub-Recipient shall
185
Resolution No. 2025-___
Page 31
comply with Title 1, Division 5, Chapter 11 of the California Government Code (Gov. Code
§§ 4550-4554).
e. Child Support Compliance Act. If the Grant Funds provided under this MOU are in excess
of $100,000, Sub-Recipient acknowledges in accordance with Public Contract Code
7110, that:
i. Sub-Recipient recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family
Code; and
ii. Sub-Recipient, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
f. Priority Hiring Considerations. If this MOU includes services in excess of $200,000, the
Sub-Recipient shall give priority consideration in filling vacancies in positions funded by
the MOU to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
g. Loss Leader. If this MOU involves the furnishing of equipment, materials, or supplies
then the following statement is incorporated: It is unlawful for any person engaged in
business within this state to sell or use any article or product as a “loss leader” as defined
in Section 17030 of the Business and Professions Code. (PCC § 10344(e).)
22. Public Works and Construction
The Grant Funds shall not be used for public works projects. Services constituting public
works are described in California Labor Code Sections 1720-1861, as may be amended or
recodified by legislative action from time-to-time. The use of Grant Funds for a public works
project shall be a breach of this MOU.
23. Conflict of Interest
The Parties shall comply with all applicable Federal and State conflict of interest laws,
regulations, and policies.
24. Independent Contractor
Sub-Recipient and its Consultant(s) shall be independent contractors in the performance of
this MOU, and not officers, employees, or agents of SCAG.
186
Resolution No. 2025-___
Page 32
25. Assignment
Neither Party shall assign any rights or interests in this MOU, or any part thereof, without
the written consent of each Party to this MOU, which consent may be granted, withheld, or
conditioned in the consenting Party’s sole and absolute discretion. Any assignment without
such written consent shall be void and unenforceable. The covenants and agreement of this
MOU shall inure to the benefit of and shall be binding upon each of the Parties and their
respective successors and assignees.
26. Release of Information
a. Subject to any provisions of law, including but not limited to the California Public Records
Act, any Work Product or materials deemed confidential by either Party shall be held
confidential by the receiving Party who shall safeguard such confidential materials from
unauthorized disclosure, using the same standard of care to avoid disclosure as the
receiving Party treats its confidential information, but in no case less than reasonable
care. Nothing furnished to either Party which is otherwise known or is generally known,
or has become known, to the related industry shall be deemed confidential.
b. Sub-Recipient shall not release any information or Work Products to a third party or
otherwise publish or utilize any information or Work Products obtained or produced by it
as a result of or in connection with the performance of services under this MOU without
the prior written authorization of SCAG, except as provided under this MOU or as
required by law (including, without limitation, pursuant to the California Public Records
Act).
c. All public-facing communications materials relating to this MOU, or its subject matter,
shall acknowledge SCAG. Communications materials include, but are not limited to, site
signage, printed information materials, print and online publications, websites,
advertisements, video, public service announcements, social media postings, events,
media advisories, news releases, and all other related materials.
d. To ensure consistency of public information about SCAG programs and funded work
products, Sub-Recipient is required to notify and coordinate with SCAG Project Manager
who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified
designee on any media inquiries or plans for proactively providing information to media
outlets.
e. All communication materials must be provided to SCAG Project Manager prior to
completion so that inclusion of this element can be confirmed.
27. Non-Exclusivity
Nothing herein is intended nor shall be construed as creating an exclusive arrangement
between SCAG and Sub-Recipient. This MOU shall not restrict SCAG from acquiring similar,
equal or like services from other entities or sources.
187
Resolution No. 2025-___
Page 33
28. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in
part, such provision shall be modified to the minimum extent necessary to make it legal,
valid, and enforceable, and the legality, validity, and enforceability of the remaining
provisions shall not be affected thereby.
29. Survival
The following sections survive expiration or termination of this MOU:
Section 5 (Funding)
Section 10 (Work Products)
Section 12 (Notices)
Section 13 (Insurance)
Section 14 (Indemnification)
Section 15 (Disputes)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations)
Section 22 (Public Works and Construction)
Section 23 (Conflict of Interest)
Section 26 (Release of Information)
Section 31 (Jurisdiction and Venue)
Section 32 (Waiver)
30. Flow-Down Provisions
Sub-Recipient shall include the following provisions in all agreements entered into
containing funds provided under this MOU, require the provisions below that survive
expiration or termination of this MOU to survive, and shall include a requirement in all
agreements that each of them in turn include the requirements in all contracts and
subcontracts they enter into to perform work under the Project. SCAG does not have a
contractual relationship with Sub-Recipient’s Consultant(s), and Sub-Recipient shall be fully
responsible for monitoring and ensuring compliance with these provisions.
Section 3.c. (Scope of Work and Sub-Recipient’s Responsibilities – nexus to REAP 2.0)
Section 3.e. – 3.g. (Scope of Work and Sub-Recipient’s Responsibilities – procurements)
Section 3.k. (Scope of Work and Sub-Recipient’s Responsibilities – penalty of perjury)
Section 5.e. (Funding – repayment of ineligible costs)
Section 6 (Invoices)
Section 7 (Reporting)
Section 8 (Accounting)
Section 9 (Allowable Uses of Grant Funds)
Section 10 (Work Products)
Section 13 (Insurance)
188
Resolution No. 2025-___
Page 34
Section 14 (Indemnification)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 20 (Small Business and Disabled Veterans Business Enterprise Participation)
Section 21 (Compliance with Laws, Rules, and Regulations)
Section 22 (Public Works and Construction)
Section 23 (Conflict of Interest)
Section 24 (Independent Contractor)
Section 25 (Assignment)
Section 26 (Release of Information)
Upon SCAG’s request, Sub-Recipient shall provide SCAG a copy of any such agreement.
31. Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for
all purposes shall be interpreted in accordance with such laws. Subject to the provisions in
Section 15, the Parties hereby agree and consent to the exclusive jurisdiction of the courts
of the State of California and that the venue of any action brought thereunder shall be Los
Angeles County, California.
32. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision
of this MOU shall be considered a waiver thereof of such Party’s right thereafter to exercise
or enforce each and every right and provision of this MOU. A Waiver to be valid shall be in
writing but need not be supported by consideration. No single waiver shall constitute a
continuing or subsequent waiver.
33. Standard of Care
Sub-Recipient and its Consultant(s) shall perform the work required for the Project under
this MOU in accordance with generally accepted industry standards, practices, and
principles applicable to such work.
34. Force Majeure
Neither Party shall be liable or deemed to be in default for any delay or failure in performance
under this MOU or interruption of services resulting, directly or indirectly, from acts of nature,
civil or military authority, acts of public enemy, war, strikes, labor disputes, pandemics, or
any other similar cause beyond the reasonable control of the Parties, provided that the Party
seeking to delay or excuse its performance as a result of such event shall notify the other
Party in writing of such circumstances within not more than ten (10) days following the first
occurrence of the event forming the basis of the delay or excuse of performance. In the
event that the Party seeking to delay or excuse its performance fails to timely deliver the
189
Resolution No. 2025-___
Page 35
notice described in the previous sentence, then such event shall not relieve the Party from
its timely performance.
35. Entire MOU
This MOU, comprised of these terms and conditions, the attached exhibits, and any properly
executed amendments, represents and contains the entire agreement of the Parties with
respect to the matters set forth herein. This MOU supersedes any and all prior negotiations,
discussions and, if any, previous agreements between the Parties with respect to the
matters set forth herein.
36. Execution
This MOU, or any amendments related thereto, may be executed in multiple counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one and
the same agreement. The signature page of this MOU or any amendments may be executed
by way of a manual or authorized digital signature. Delivery of an executed counterpart of a
signature page to this MOU or an amendment by electronic transmission scanned pages
shall be deemed effective as a delivery of a manually or digitally executed counterpart to
this MOU or any amendment.
37. Effective Date
This MOU shall be effective as of the last date on which the document is executed by all
Parties.
38. Authority
Sub-Recipient warrants and certifies that it possesses the legal authority to execute this
MOU and to undertake the Project, and, if applicable, that a resolution, motion, or similar
action has been fully adopted or passed, as an official act of Sub-Recipient's governing
body, authorizing receipt of the Grant Funds, and directing and designating the authorized
representative(s) of Sub-Recipient to act in connection with the Project and to provide such
additional information as may be required by SCAG.
[The remainder of this page is intentionally left blank. Signatures on following page.]
190
SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
NO. M-0XX-2X
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates indicated below:
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”)
By:_____________________________________ _____________
Cindy Giraldo Date
Chief Financial Officer
APPROVED AS TO FORM:
By: _________________________________ _____________
Richard Lam Date
Senior Deputy Legal Counsel
City of Moorpark (“Sub-Recipient”)
By:_____________________________________ _____________
Troy Brown Date
City Manager, City of Moorpark
APPROVED AS TO FORM:
By:_____________________________________ _____________
Kevin Ennis Date
City Attorney, City of Moorpark
191