HomeMy WebLinkAboutAGENDA REPORT 2025 0716 CC REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 16, 2025
ACTION ADOPTED RESOLUTION NO.
2025-4342. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
E. Consider Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding (MOU) Between the City of Moorpark and Ventura County
Transportation Commission (VCTC) to Facilitate Receipt and Administration of a
$225,000 Grant Through the Regional Early Action Planning Grant Program
(REAP 2.0) Associated with Bus Stop Improvements and Making a Determination
of Exemption Pursuant to the California Environmental Quality Act in Connection
Therewith. Staff Recommendation: Adopt Resolution No. 2025-4342 authorizing
and directing the City Manager to execute the Memorandum of Understanding with
VCTC for Bus Stop Improvement Projects and making a finding that the action is
categorically exempt from the California Environmental Quality Act. (Staff:
Michelle Woomer, Senior Management Analyst) (ROLL CALL VOTE
REQUIRED)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
BY: Michelle Woomer, Senior Management Analyst
DATE: 07/16/2025 Regular Meeting
SUBJECT: Consider Resolution Authorizing the City Manager to Execute a
Memorandum of Understanding (MOU) Between the City of Moorpark
and Ventura County Transportation Commission (VCTC) to Facilitate
Receipt and Administration of a $225,000 Grant Through the Regional
Early Action Planning Grant Program (REAP 2.0) Associated with Bus
Stop Improvements and Making a Determination of Exemption
Pursuant to the California Environmental Quality Act in Connection
Therewith
BACKGROUND
The Ventura County Transportation Commission (VCTC) Partnership Program is part of
the Regional Early Action Planning (REAP) 2.0 program funded through a grant to
Southern California Association of Governments (SCAG) from the State of California
Department of Housing and Community Development (HCD). On April 12, 2023, SCAG
issued a Call for Projects and Final Guidelines for the 2023 County Transportation
Commissions within the six-county SCAG region to support transformative planning and
implementation of the Regional Transportation Plan/Sustainable Communities Strategy
(2020 Connect SoCal) Key Connection Strategies.
On July 6, 2023, the SCAG Regional Council approved four project application submitted
by VCTC for a total grant award of $3,777,000. There is no local funding match
requirement but grant funds must be expended by June 30, 2026. Approved projects and
corresponding award amounts include:
1. Countywide Transit Stops and Stations Needs Assessment and Infrastructure
Improvements ($1,500,000)
2. Santa Paula Branch Line (SPBL) Trail Master Plan and Environmental Impact
Report (EIR) Update ($1,677,000)
3. Countywide Paratransit Integration Analysis ($300,000)
4. Community Traffic Calming and Pedestrian and Bicycle Safety Program
($300,000).
Item: 10.E.
132
Honorable City Council
07/16/2025 Regular Meeting
Page 2
DISCUSSION
The City intends to participate in the Countywide Transit Stops and Stations Needs
Assessment and Infrastructure Improvements project and therefore must enter into a
grant assessment with VCTC. The City will receive 100% reimbursement of up to
$225,000. The City intends to use the funding for the following bus stop improvements:
• Construct custom a bus shelter on the north side of High Street in front of 467 High
Street. Bus shelter will be the same design as the bus shelter constructed in front
of the Moorpark Metrolink Station. Estimated cost $150,000.
• Design cost for new bus shelter on High Street. To be consistent with the look of
High Street, City will be using the same bus shelter design in front of the Metrolink
Station. City will be using the same design firm, Architerra Design Group, that
designed the bus shelter in front of the Moorpark Metrolink Station on High Street.
Estimated Cost $40,000.
• Replacement of trash receptacles at all City bus stops and bus shelters. Estimated
cost $35,000.
ENVIRONMENTAL DETERMINATION
This action is categorically exempt from the California Environmental Quality Act (CEQA)
under Section 15301 (Class 1) of the State CEQA Guidelines because the installation of
a bus shelter and associated improvements proposed in connection with the project
constitute minor improvements to existing city streets and no special circumstances
regarding the project or their locations exist. Therefore, no environmental review is
required.
FISCAL IMPACT
Award of the grant will result in $225,000 of additional revenue for Fund 2409 in Fiscal
Year 2025/26 for the construction of a new bus shelter and replacement of trash
receptacles at bus stops throughout the City. The GL Account 2409-430-P0011-55500
which funds CIP project P0011 for Bus Shelters and Other Bus Stop Amenities will need
to be increased to $225,000, which allows to fund the project prior to reimbursement. It
is anticipated that the awarded grant funding will fully offset all project costs.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
133
Honorable City Council
07/16/2025 Regular Meeting
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2025-____ authorizing and directing the City Manager to execute
the Memorandum of Understanding with VCTC for Bus Stop Improvement Projects and
making a finding that the action is categorically exempt from the California Environmental
Quality Act.
Attachment 1: Draft Memorandum of Understanding between VCTC and City of
Moorpark – Regional Early Action Planning Grant
Attachment 2: Draft Resolution No. 2025-___
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Page 1 of 9
Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
MEMORANDUM OF UNDERSTANDING
BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF MOORPARK
REGIONAL EARLY ACTION PLANNING GRANT
This Memorandum of Understanding (“MOU” or “Agreement”) is effective this ___ day of
_________ 2025 (“Effective Date”) between Ventura County Transportation Commission
(hereinafter referred to as “VCTC”) and City of Moorpark (hereinafter referred to as “City”)
with respect to the following recitals:
WHEREAS, the Regional Early Action Planning Grants (REAP) 2.0 Program, is
authorized under California Assembly Bill No. 140 to provide funding and resources to
support local projects that advance the program's goals and objectives;
WHEREAS, California Assembly Bill No. 140 provides the legislative authority for
the Regional Early Action Planning Grants 2.0 Program to advance the following intent
and objectives:
a. Accelerate infill development that facilitates housing supply, choice, and
affordability
b. Affirmatively further fair housing
c. Reduce Vehicle Miles Traveled (VMT)
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;
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”);
WHEREAS, the Regional Early Action Planning Grants 2.0 Program envisions a
comprehensive approach to address transportation challenges, enhance transit
infrastructure, and support local agencies in their efforts to create efficient, safe, and
environmentally friendly transit options;
WHEREAS, VCTC entered into a Memorandum of Understanding (SCAG MOU)
with the Southern California Association of Governments (SCAG) to implement projects
ATTACHMENT 1
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
pursuant to the Approved Grant Application and Amendment(s) to Grant Application,
under the terms, covenants, and conditions of the SCAG MOU.
WHEREAS, the purpose of the SCAG MOU is to authorize local agencies to enter
into agreements with other local agencies to support the development, implementation,
and funding of transit partnership projects that align with the goals and priorities of the
Regional Early Action Planning Grants 2.0 Program and comply with California Assembly
Bill 140;
IN CONSIDERATION of the mutual duties set forth in the Regional Early Action Planning
Grants 2.0 Grant Program Guidelines including SCAG’s requirements, the parties agree
that the purpose and intent of this Agreement are set forth the mutual responsibilities
involving VCTC and CITY as outlined:
NOW THEREFORE THE PARTIES DO AGREE AS FOLLOWS:
I. FUNDING/PROGRAM MANAGEMENT
1. ALLOCATION OF FUNDING: VCTC hereby agrees to provide up to $225,000
in Regional Early Action Planning Grants 2.0 Program funds to CITY towards
bus stop improvements described in Section 2 below. CITY agrees to comply
with all Regional Early Action Planning Grants 2.0 Program requirements, as
such may be amended from time to time, as a recipient of such funds.
2. SCOPE OF SERVICES/PROJECT: CITY shall design, purchase and install
materials, amenities and any necessary hardscape improvements for a custom
bus shelter on the north side of High Street and for the replacement of trash
receptacles for bus stops and bus shelters in the City (“Bus Stop Amenities” or
“Project”) and related costs required to accommodate the amenity installations
and maintain accessibility of pathways and landings. CITY shall utilize
professional services to assist in implementation of the Project.
3. DURATION OF MOU AND AUTHORIZATION TO PROCEED: The terms of
this MOU shall commence on the Effective Date and shall terminate on
June 30, 2026.
4. NOTICES: All notices to VCTC under this MOU shall be in writing and sent
to:
Martin R. Erickson, Executive Director
Ventura County Transportation Commission
751 Daily Drive, Suite 420
Camarillo, CA 93010
All notices to CITY under this MOU shall be in writing and sent to:
PJ Gagajena, City Manager
City of Moorpark
323 Science Drive,
Moorpark, CA 93021
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
Notices may also be sent in writing via email to recipients designated by
the respective VCTC Executive Director and CITY [City Manager].
5. METHOD OF PAYMENT:
a. VCTC shall provide reimbursement payment to CITY upon CITY’s
submittal of an invoice toward the cost of purchasing and installing Bus
Stop Amenities not exceeding a total amount of $185,000 and not to
exceed $40,000 for design work. Payment shall be made to CITY as
promptly as fiscal procedures will permit, generally within thirty (30) days
of receipt of a properly submitted invoice.
b. The total amount payable by VCTC to CITY pursuant to this MOU shall not
exceed $225,000 (“Total Amount”). CITY agrees and understands that the
Total Amount of obligated funds must be used and expended by June 30,
2026. Funds remaining unexpended beyond this date will revert back to
SCAG. CITY understands that all reimbursement and expenditures are
subject to the availability of Regional Early Action Planning Grants 2.0
Program funding and compliance with all program requirements.
6. QUARTERLY REPORTING: CITY shall submit written quarterly progress
reports to VCTC to provide to the SCAG District Partnership Liaison to
determine if CITY is performing to expectations, is on schedule, is within
funding cost limitations, to communicate interim findings, and to afford
occasions for airing difficulties respecting special problems encountered so
that remedies can be developed.
7. AMENDMENTS TO THE MOU: The provisions of this MOU may be amended
by execution of a written amendment by both VCTC and CITY.
8. SCAG MOU REQUIREMENTS: The Project contemplated in this Agreement
will be funded in whole or in part by the Southern California Association of
Government's (SCAG) Regional Early Action Program (REAP) 2.0 funds.
Consequently, CITY’s performance under this Agreement must comply with
the applicable provisions of the SCAG MOU entered into between VCTC and
SCAG, attached hereto as Exhibit A and incorporated herein as though fully
set out herein. The following provisions from the SCAG MOU are specifically
incorporated herein and the CITY agrees that it is bound by such provisions:
a. Section 3.c. (Scope of Work and Sub-Recipient’s Responsibilities – nexus
to REAP 2.0);
b. Section 3.e. – 3.g. (Scope of Work and Sub-Recipient’s Responsibilities –
procurements);
c. Section 3.k. (Scope of Work and Sub-Recipient’s Responsibilities –
penalty of perjury);
d. Section 5.e. (Funding – repayment of ineligible costs);
e. Section 6 (Invoices);
f. Section 7 (Reporting);
g. Section 8 (Accounting);
h. Section 9 (Allowable Uses of Grant Funds);
i. Section 10 (Work Products);
j. Section 13 (Insurance), except as modified herein;
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
k. Section 14 (Indemnification);
l. Section 18 (Records Retention);
m. Section 19 (Monitoring and Audits);
n. Section 21 (Compliance with Laws, Rules, and Regulations);
o. Section 22 (Public Works and Construction);
p. Section 23 (Conflict of Interest);
q. Section 24 (Independent Contractor);
r. Section 25 (Assignment); and
s. Section 26 (Release of Information).
The above-listed provisions shall survive expiration or termination of the SCAG MOU and
this Agreement. CITY shall include a requirement in all agreements that CITY enters into
with consultants or others to perform work under this Agreement that such agreements
are also subject to the SCAG MOU and the above-listed provisions.
9. RECORDS, AUDIT, AND REVIEW:
a. Funds shall only be used in accordance with the Regional Early Action
Planning Grants 2.0 Program Requirements. Agencies receiving Regional
Early Action Planning Grants 2.0 Program Funds must adhere to the
Program Requirements established by the SCAG, including the use of
standard governmental accounting practices, and agree to Program and
financial audits as deemed appropriate by SCAG or other State control
agencies at no charge to VCTC. Agencies that are found to be in
noncompliance may be subject to, among other things depending on the
violation: audit, suspension, or permanent disqualification from future
participation in the Regional Early Action Planning Grants 2.0 Program.
b. CITY agrees to comply with Title 2, Code of Federal Regulations (CFR),
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
c. SCAG may conduct any necessary audit, quality check verification, or
discovery during project implementation and post-project completion. For
this reason, all documentation pertaining to this program, including
contracts with Agencies, program-related records such as files, invoices,
and other related documentation shall be retained and made available to
SCAG upon request for the duration of the program and for three (3) years
from the date of final Agency funding liquidation. To the extent that SCAG
identifies any inappropriate expenditures by CITY and SCAG requests
repayment, CITY shall refund such funds to VCTC for transmission back to
SCAG.
II. MISCELLANEOUS PROVISIONS
1. INSURANCE:
A. LIABILITY INSURANCE
Before distribution of any funds pursuant to this Agreement, CITY, at its own
cost and expense, unless otherwise specified below, shall procure the types
and amounts of insurance listed below against claims for injuries to persons or
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
damages to property that may arise from or in connection with the performance
of the Services and/or operation by CITY, its agents, representatives,
employees, subcontractors, and volunteers, for operation of vehicles or
equipment under this Agreement. Consistent with the following provisions,
CITY shall provide proof satisfactory to VCTC of such insurance that meets the
requirements of this section and under forms of insurance satisfactory in all
respects, and that such insurance is in effect prior to operating any vehicle or
equipment purchased pursuant to this Agreement and prior to receiving any
funds pursuant to this Agreement. CITY shall not allow any contractor to
commence work on any contract funded through this Agreement until CITY has
obtained all insurance required herein for the subcontractor(s). CITY shall
maintain all required insurance listed herein for the duration of this Agreement.
i. Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an “occurrence” basis, including
products and completed operations, property damage, bodily injury
and personal & advertising injury with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the
general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form Number CA
0001 covering vehicles (Code 1) with limit no less than $2,000,000
per accident for bodily injury and property damage. This shall be
noted by the equipment inventory/management certification which
must be filed with VCTC.
iii. WORKERS’ COMPENSATION INSURANCE: CONTRACTOR will
provide Workers’ Compensation insurance for employees and
volunteers as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
B. ALL POLICIES REQUIREMENTS
Acceptability of insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
Verification of coverage. Prior to beginning operations of any vehicles or
equipment purchased under this Agreement and prior to any disbursement of
funds pursuant to this Agreement, CITY shall furnish VCTC with complete
copies of all policies delivered to CITY by the insurer, including complete
copies of all endorsements attached to those policies. All copies of policies
and endorsements shall show the signature of a person authorized by that
insurer to bind coverage on its behalf. If VCTC does not receive the required
insurance documents prior to CITY beginning equipment or vehicle operation,
this shall not waive CITY’s obligation to provide them. VCTC reserves the right
to require complete copies of all required insurance policies at any time.
Notice of Reduction in or Cancellation of Coverage. An endorsement shall
be attached to all insurance obtained pursuant to this Agreement stating that
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
coverage shall not be suspended, voided, canceled by either party, or reduced
in coverage or in limits, except after thirty (30) days' prior written notice by mail,
return receipt requested, has been given to VCTC. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, CITY shall provide written notice to VCTC at
CITY’s earliest possible opportunity and in no case later than ten (10) working
days after CITY is notified of the change in coverage.
Any failure of CITY to comply with reporting provisions of the policies shall not
affect coverage provided to VCTC and its officers, employees, agents, and
volunteers.
Occurrence or accident basis. The insurance coverage required by this
Section shall cover on an occurrence or an accident basis, and not on a claims-
made basis.
Additional insured; primary insurance. VCTC and its officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to
each of the following: liability arising out of activities performed by or on behalf
of CITY, including VCTC’s general supervision of CITY; products and
completed operations of CITY, as applicable; premises owned, occupied, or
used by CITY; and automobiles and equipment owned, leased, or used by the
CITY in the course of providing services pursuant to this Agreement. The
coverage shall contain no special limitations on the scope of protection
afforded to VCTC or its officers, employees, agents, or volunteers. General
liability coverage can be provided in the form of an endorsement to CITY’s
insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10
and CG 23 37 forms if later revisions used).
An endorsement must be attached to all policies stating that coverage is
primary insurance with respect to VCTC and its officers, officials, employees
and volunteers, and that no insurance or self-insurance maintained by VCTC
shall be called upon to contribute to a loss under the coverage.
Deductibles and Self-Insured Retentions. CITY shall disclose to and obtain
the approval of VCTC for the self-insured retentions and deductibles before
beginning any of the activities contemplated by any term of this
Agreement. Further, if CITY’s insurance policy includes a self-insured
retention that must be paid by a named insured as a precondition of the
insurer’s liability, or which has the effect of providing that payments of the self-
insured retention by others, including additional insureds or insurers do not
serve to satisfy the self-insured retention, such provisions must be modified by
special endorsement so as to not apply to the additional insured coverage
required by this Agreement so as to not prevent any of the parties to this
Agreement from satisfying or paying the self-insured retention required to be
paid as a precondition to the insurer’s liability. Additionally, the certificates of
insurance must note whether the policy does or does not include any self-
insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express
written authorization of Agreement Administrator, CITY may increase such
deductibles or self-insured retentions with respect to VCTC, its officers,
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
employees, agents, and volunteers. The Agreement Administrator may
condition approval of an increase in deductible or self-insured retention levels
with a requirement that CITY procure a bond, guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
Subcontractors. CITY shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
Wasting Policy. No insurance policy required by Section II, subsection (1)
shall include a “wasting” policy limit.
Variation. VCTC may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms
of such insurance are either not commercially available, or that VCTC’s
interests are otherwise fully protected.
Remedies. In addition to any other remedies VCTC may have if CITY fails to
provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, VCTC may, at its sole option exercise any
of the following remedies, which are alternatives to other remedies VCTC may
have and are not the exclusive remedy for CITY’s breach:
Obtain such insurance and charge CITY the cost of such premiums; and/or
terminate this Agreement.
Waiver of Subrogation. CITY hereby grants to VCTC a waiver of any right to
subrogation which any insurer of CITY may acquire against VCTC by virtue of
the payment of any loss under such insurance. CITY agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not VCTC has received a waiver
of subrogation endorsement from the insurer.
2. INDEMNIFICATION: To the fullest extent permitted by law, CITY shall defend,
indemnify and hold harmless VCTC, its officers, employees, and agents, from
all liability costs, damages, or expenses, including attorneys’ fees arising out
of or incurred in connection with CITY and its
employees’/agents’/subcontractors’ acts or omissions in the performance of
activities contemplated in and pursuant to this Agreement, and agrees at its
own cost, expense and risk to defend any and all resulting actions, suits, or
other legal proceedings brought or instituted against VCTC arising out of
CITY’s negligent performance of any activities contemplated under this
Agreement, and to pay and satisfy any resulting judgments, claims, damages
and costs.
To the fullest extent permitted by law, CITY agrees to defend and pay the entire
cost of defending any claim or suit whenever or wherever made or brought
against the VCTC based upon an infringement or alleged infringement of any
such letters patent arising out of the activities contemplated by this Agreement,
and to indemnify and hold harmless the VCTC from and against any and all
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
liability, damage, loss or injury adjudged or sustained in any such claim or suit,
or adjudged or sustained by reason of the equipment to be furnished hereunder
constituting an infringement of any letters patent or adjudged or sustained by
reason of inability of the VCTC to use said equipment because of any
infringement or alleged infringement of any letters patent.
3. ATTORNEY’S FEES: If a party to this Agreement brings any action, including
arbitration or an action for declaratory relief, to enforce or interpret the
provisions of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party
may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
4. SEVERABILITY: If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the provisions of
this Agreement not so adjudged shall remain in full force and effect. The
invalidity in whole or in part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
5. GOVERNING LAW/VENUE: The validity, enforceability and interpretation of
any of the clauses of this MOU shall be determined and governed by the laws
of the State of California with venue in the court of competent jurisdiction in
Ventura County.
6. AGREEMENT: The parties agree that this Agreement constitutes the entire
agreement which is made and concluded in duplicate between the two parties.
Both of these parties for and in consideration of the payments to be made,
conditions mentioned, and work to be performed; each agree to diligently
perform in accordance with the terms and conditions of this MOU as evidenced
by the signatures below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective
Date.
CITY OF MOORPARK VENTURA COUNTY TRANSPORTATION
COMMISSION
___________________________ __________________________________
PJ Gagajena Martin R. Erickson
City Manager Executive Director
APPROVED AS TO FORM:
_______________________
Kevin Ennis
City Attorney
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Memorandum of Understanding between Ventura County Transportation Commission and City of Moorpark for
REAP Grants 2.0 Program funding
EXHIBIT A
“SCAG MOU”
143
MEMORANDUM OF UNDERSTANDING
No. M-010-24
SCAG Overall Work Program (OWP) No: 305-4926.01
Federal/State Awarding Agency: State of California, Department of Housing and Community
Development
Sub-Recipient Name: Ventura County Transportation Commission
Sub-Recipient’s UEI No: JEVVZV6ALEN5
Total Amount of Federal Funds Obligated to Sub-Recipient: $0
Total Amount of Non-Federal Funds Obligated to Sub-Recipient: $3,777,000
Total Amount of the Sub-Award: $3,777,000
Subaward Period of Performance Start Date: April 12, 2023
Subaward Period of Performance End Date: November 30, 2023
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: 85.91%*
Fringe Benefits Cost Rate for the Award: Varies by Employee*
*The Sub-Recipient’s cognizant agency, the Federal Transit Administration, approved the use of fiscal
year (FY) 2024 rates (07/01/2023~06/30/2024) as indicated above. If the rates are later found to have
included costs that are unallowable, Sub-Recipient will provide a refund for the unallowable indirect cost
and fringe benefits amounts. Sub-Recipient must provide support for the cognizant agency approval of
future FY rates.
Subaward Project Title: Ventura County Transportation Commission REAP 2.0 CTC
Partnership Program Grant
Subaward Project Description: Ventura County Transportation Commission will utilize REAP 2.0
funding to fund county-specific pilots and projects to meet the REAP 2.0 Goals and Objectives within
the SCAG region.
DocuSign Envelope ID: 12459E1A-3BF7-4055-80FE-6FA679629E9A
EXHIBIT A
144
MOU No. : M-010-24
SCAG Project/OWP No. : 305-4926.01
Page 2
MEMORANDUM OF UNDERSTANDING
No. M-010-24
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND VENTURA COUNTY TRANSPORTATION COMMISSION
FOR REAP 2.0 CTC PARTNERSHIP PROGRAM GRANT
(SCAG Project/OWP No. 305-4926.01)
This Memorandum of Understanding (“MOU”) is entered into by and between the Southern California
Association of Governments (“SCAG”) and Ventura County Transportation Commission (“Sub-
Recipient”), for a CTC Partnership 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;
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”);
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;
WHEREAS, HCD awarded a total of $246,024,084 to SCAG under REAP 2.0;
WHEREAS, on November 3, 2022, SCAG approved the Program Guidelines ("Program Guidelines") for
the REAP 2.0 County Transportation Commission Partnership Program ("Program") which authorized up
to $80,000,000 to fund county-specific projects;
WHEREAS, on April 12, 2023, SCAG released a Call for Applications for the Program;
WHEREAS, Sub-Recipient, a County Transportation Commission (“CTC”) eligible for funds under the
Program, developed and submitted proposed projects for the Program and the following proposed projects
(collectively the “Projects”) were reviewed by SCAG, determined to be consistent with the REAP 2.0
Guidelines and Program Guidelines, and thereafter approved by SCAG on July 6, 2023:
1. Countywide Transit Stops and Stations Needs Assessment and Infrastructure Improvements
DocuSign Envelope ID: 12459E1A-3BF7-4055-80FE-6FA679629E9A
145
MOU No. : M-010-24
SCAG Project/OWP No. : 305-4926.01
Page 3
2. Santa Paula Branch Line Trail Master Plan and Environmental Impact Report Update
3. Countywide Paratransit Integration Analysis
4. Community Traffic Calming and Pedestrian and Bicycle Safety Program
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 November 30, 2025,
(“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 Projects in accordance with the “Scopes
of Work” attached as:
Exhibit A-1 - Countywide Transit Stops and Stations Needs Assessment and Infrastructure
Improvements (VC01)
Exhibit A-2 - Santa Paula Branch Line Trail Master Plan and Environmental Impact Report
Update (VC02)
Exhibit A-3 - Countywide Paratransit Integration Analysis (VC03)
Exhibit A-4 - Community Traffic Calming and Pedestrian and Bicycle Safety Program
(VC04)
b. Interim deliverables and tasks, including their sub-allocated budgets and schedules, required to
implement the Scopes 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 Sub-
Recipient’s Project Manager and SCAG’s Deputy Director or their designee 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 Projects to meet the
REAP 2.0 Goals and Objectives. Any lack of action or action inconsistent with REAP 2.0 Goals
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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 shall procure and manage one or more consultants
to ensure the Scopes of Work, as outlined in the most current fully executed SOW Approval Form,
are fully performed and the Projects are completed in compliance with this MOU and all applicable
laws and regulations.
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.
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 Projects 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 a copy
of the RFP to the SCAG Project Manager. 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 reviewing and paying Consultant(s)’ invoices prior to
submitting invoices for repayment.
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 Scopes 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 provide a copy of the deliverable to SCAG’s Project Manager.
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.
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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(s) as its Project Manager:
Erin Barry
Senior Regional Planner
(213) 630-1537
barry@scag.ca.gov
SCAG reserves the right to change this designation upon written notice to Sub-Recipient.
c. For purposes of this MOU, Sub-Recipient designates the following individual(s) as its Project
Manager:
Amanda Fagan
Director of Planning and Sustainability
(805) 642-1591 x103
afagan@goventura.org
Sub-Recipient reserves the right to change this designation upon written notice to SCAG.
5. Funding
a. SCAG’s contribution to the Projects is funded wholly with REAP 2.0 funds, in an amount not to
exceed $3,777,000 (“Grant Funds”). The individual Projects shall be funded as follows (“Project
Funds”):
Countywide Transit Stops and Stations Needs Assessment and Infrastructure Improvements –
$1,500,000
Santa Paula Branch Line Trail Master Plan and Environmental Impact Report Update – $1,677,000
Countywide Paratransit Integration Analysis – $300,000
Community Traffic Calming and Pedestrian and Bicycle Safety Program – $300,000
b. SCAG shall not be obligated to make payments for any Project costs that exceed the Project Funds
for that Project or the Grant Funds for the Projects. SCAG shall not be obligated to pay for any
increase in Project costs which exceeds the Project’s budget included in this MOU and the most
current fully executed SOW Approval Form, the Project Funds for that Project, or the Grant Funds
for the Projects. 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.
c. SCAG shall make payments to Sub-Recipient only for work performed within the Period of
Performance as part of the Scopes of Work, as outlined in the most current fully executed SOW
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Approval Form, and consistent with REAP 2.0 Goals and Objectives, REAP 2.0 Guidelines, and
Program Guidelines. For purposes of this MOU the Period of Performance shall be from April 12,
2023 until the Completion Date.
d. SCAG reserves the right, in its sole discretion, to discontinue funding any one or more of the
Projects and/or terminate this MOU as described in Section 17.
e. 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, are to be repaid by 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 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). All invoices submitted to SCAG for the Projects shall reference the OWP Project Number
(OWP No. 305-4926.01). A separate invoice must be submitted for each individual Project.
b. By the twenty-first following the start of a new month (i.e., January 21, February 21, March 21),
Sub-Recipient shall submit an invoice for each Project to SCAG using the “Invoice Report”
attached as Exhibit C. The Invoice Report must be submitted in both PDF format and the Excel
file provided by SCAG. The Invoice Report shall also include, in narrative form, a progress report
section with 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 invoiced period, a reporting
of all costs incurred for that period, and progress achieved toward the REAP 2.0 Goals and
Objectives. SCAG shall review the Invoice Report for compliance with this MOU. If SCAG
determines that the Invoice Report is compliant with this MOU, SCAG shall approve the Invoice
Report and issue payment to the Sub-Recipient.
c. 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.
d. Travel expenses and per diem rates are not to exceed the rate specified by the State of California
Department of Human Resources for similar employees (i.e. non-represented employees) unless
written verification is supplied that government hotel rates were not then commercially available
to Sub-Recipient, and its Consultant(s) at the time and location required as specified in the
California Department of Transportation’s Travel Guide Exception Process, which can be found
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at the following link: http://www.dot.ca.gov/hq/asc/travel/ap_b/bu1.htm. Also see the link for a
summary of travel reimbursement rules.
e. 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 eligible expenses incurred 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.
f. Sub-Recipient shall submit its final invoice to SCAG within thirty (30) days of the completion of
each individual Project, but no later than December 31, 2025, whichever is first. SCAG shall not
be obligated to pay-Sub Recipient for any invoice received after such date.
g. 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.
b. By February 10 of each year following receipt of funding pursuant to this MOU, Sub-Recipient
shall submit an Annual Report using the “Sub-Recipient Report Template,” attached as Exhibit D
(“Report Template”). Sub-Recipient shall submit a separate Annual Report for each Project. 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 December 31, 2025, 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. 305-4926.01).
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.
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b. Sub-Recipient shall establish a separate ledger account for receipts and expenditures of Project
Funds and Grant Funds and maintain expenditure details in accordance with the Scopes of Work,
as outlined in the most current fully executed SOW Approval Form, for each Project.
c. Sub-Recipient shall maintain documentation of its completed procurements (including the use of
sole source purchasing), and financial records of expenditures incurred during the course of the
Projects in accordance with GAAP.
9. Allowable Uses of Grant Funds
a. SCAG shall not award or disburse funds unless it determines that the Project Funds and 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. Project Funds and Grant Funds shall only be used by Sub-Recipient for activities approved by
SCAG and included in the Scopes of Work, as outlined in the most current fully executed SOW
Approval Form.
c. Project Funds and 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 Project Funds for administrative
costs related to a Project, or a maximum of One Hundred Eighty-Eight Thousand Eight Hundred
Fifty Dollars ($188,850), 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 solely
contributed by Sub-Recipient to support Sub-Recipient’s administration of the Projects.
i. Sub-Recipient must clearly indicate if funds will 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.
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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. Indirect costs
and/or fringe benefits costs may be sought for reimbursement only if Sub-Recipient has an
approved NICRA from its cognizant agency on or before the Effective Date of this MOU.
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 Title 2 Code of Federal
Regulations Part 200 (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 of 10%, they must annually complete a
certification form provided by SCAG Project Manager to confirm the eligibility and
compliance with Title 2 Code of Federal Regulations Part 200 (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 of 10% 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 to the applicable board, council, or other entity for adoption. If Sub-Recipient does not
formally request adoption of the funded activity, it may be subject to repayment of the Grant Funds.
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 Projects. 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
Projects to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products. SCAG grants 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 Projects and developed as part of this MOU; provided, however, that any
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reproduction, publishing, or reuse of the Work Products will be at Sub-Recipient’s sole risk and
without liability or legal exposure to SCAG.
d. Subject to any provisions of law, including but not limited to the California Public Records Act,
all deliverables and related materials related to the Projects shall be held confidential by Sub-
Recipient. Nothing furnished to SCAG which is otherwise known or is generally known, or has
become known, to the related industry shall be deemed confidential. Sub-Recipient shall safeguard
such confidential materials from unauthorized disclosure, using the same standard of care to avoid
disclosure as Sub-Recipient treats its confidential information, but in no case less than reasonable
care.
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 upon written notice to Sub-Recipient.
To Sub-Recipient: Martin Erickson
Executive Director
Ventura County Transportation Commission
751 E. Daily Dr. Suite 420
Camarillo, CA 93010
(805) 642-1591 x123
merickson@goventura.org
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.
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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 $5,000,000 per occurrence,
$10,000,000 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-
Recipients 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 $3,000,000 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.
Builders Risk Upon commencement of
construction and with
approval of SCAG, Sub-
Recipient shall obtain and
maintain builder’s risk
(course of construction) for
the entire duration of the
Project. Not required for
Projects without
construction.
Sub-Recipient shall purchase and maintain
property insurance written on a builder’s risk
“Special Form Cause of Loss” or equivalent
policy form in an amount not to exceed amount
of the Contract, plus the cost of materials
supplied or installed by others on a full
replacement cost basis. The Builder’s Risk policy
shall include a soft cost endorsement that covers
soft costs equal to twenty percent (20%) of the
Contract’s full value. Soft costs are defined as
certain expenses, in addition to labor and
materials, required to complete the Project that
has been delayed due to unexpected physical
damage and include, but are not limited to, the
following: legal/accounting fees, design or other
professional fees, financing costs, taxes, general
administration, lease expenses, permit fees and
insurance premiums. This insurance shall include
the interests of the Additional Insureds as named
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below, Sub-Recipient and the subcontractors of
every tier on the Project as insureds. The
insurance shall cover without limitation, loss or
damage to the Work arising from the perils
covered under “Special Form Cause of Loss”
form coverage including, without duplication of
coverage for theft, fire, lightning, explosion, or
hail, smoke, aircraft or vehicles, riot or civil
commotion, vandalism, malicious mischief,
collapse, earthquake, flood, windstorm, false-
work, testing and delay of startup, temporary
buildings, property in transit and while stored at
a temporary location, debris removal including
demolition occasioned by enforcement of any
applicable legal requirements, and shall cover
reasonable compensation for Sub-Recipient’s
services and expenses required as a result of such
loss. During the Project construction period, Sub-
Recipient and its subcontractors shall mutually
waive all rights of recovery against each other
and against the Additional Insureds identified
below for damages caused by fire or other perils
covered by the Builders Risk “Special Form
Cause of Loss” insurance. All applicable policies
of insurance covering the Work or the property of
the Sub-Recipient or subcontractor shall be
endorsed to provide a waiver of subrogation in
favor of the Additional Insureds identified below,
Sub-Recipient and all subcontractors of every
tier. Further, Sub-Recipient hereby releases, and
shall cause its subcontractors to release, the
Indemnitees identified in section 14 from any and
all claims, losses and damages caused by fire or
other perils covered by the Builders Risk “Special
Form Cause of Loss” insurance. There shall be no
deductible or self-insured retention exceeding
$10,000.00 per loss, other than earthquake or
flood which may have deductible or self-insured
retentions not exceeding $50,000.00. The policy
may have sublimits not less than the following:
Earthquake $5,000,000.00 Flood $1,000,000.00
Pollution Liability Coverage shall provide for
liability arising out of
sudden, accidental, and
gradual pollution, and
remediation. Not required
The policy limit shall be no less than $1,000,000
per claim and in the aggregate. All activities
contemplated in this MOU shall be specifically
scheduled on the policy as “covered operations.”
The policy shall provide coverage for
remediation of the site in the event of an
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for Projects without
construction.
environmental contamination event arising out of
the materials, supplies, products, work,
operations, or workmanship.
Products/Completed
Operations
Coverage
Coverage shall extend a
minimum of three (3) years
after project completion. Not
required for Projects without
construction.
Coverage shall be included on behalf of the
insured for covered claims arising out of the
actions of independent contractors. If the insured
is using subcontractors, the Policy must include
work performed “by or on behalf” of the insured.
Policy shall contain no language that would
invalidate or remove the insurer’s duty to defend
or indemnify for claims or suits expressly
excluded from coverage. Policy shall specifically
provide for a duty to defend on the part of the
insurer. SCAG, its officials, officers, agents, and
employees, shall be included as additional
insureds under the Products and Completed
Operations coverage.
b. Higher Limits: no representation is made that the minimum insurance requirements of this
agreement are sufficient to cover the indemnity or other obligations of the sub-recipient under this
agreement.
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
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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.
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 Projects or this MOU. Such obligations shall not,
however, extend to any claims, losses, liabilities, damages, expenses, suits or actions that arise from
SCAG’s 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
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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.
16. Noncompliance
In the event of nonperformance or noncompliance with any requirement of this MOU, including but
not limited to project schedule or milestone timelines, as outlined in the most current fully executed
SOW Approval Form, SCAG may:
a. 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.
b. Terminate this MOU pursuant to Section 17.
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 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 and Sub-Recipient shall be paid for all services performed by
Consultant(s) and accepted by Sub-Recipient through the effective date of termination.
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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 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, 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 all source documents, books and records
connected with the Projects, all procurements related to the Projects, all work performed under
this MOU, and evidence demonstrating the funding was used for the appropriate purposes for a
minimum of five (5) years after December 31, 2026. 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 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) December
31, 2026, 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 Projects. 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.
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
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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 Projects or any program or activity funded by this 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
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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 Projects 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 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
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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
Without limiting the generality of Section 21.a., Sub-Recipient agrees to ensure compliance with all
applicable legal authority regarding construction standards and requirements, including but not limited
to the following:
a. Labor Code Requirements
i. Sub-Recipient is hereby put on notice that the one or more of the Projects under the MOU may
qualify as a public works project and Sub-Recipient will therefore be required to determine
whether the Project falls under a classification that would require payment of prevailing wages.
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.
ii. If a Project qualifies as a public works project, Sub-Recipient shall be the Awarding Body for the
public works project and required to comply with all requirements applicable to the Awarding
Body.
iii. If Sub-Recipient or its Consultant(s) will perform services that require payment of prevailing
wages, they are required to register with the California Department of Industrial Relations (DIR)
in order to be compliant with the law. Neither Sub-Recipient nor its Consultant(s) may work on
a public works project without a current and active DIR registration.
iv. In the event that Sub-Recipient or its Consultant(s) engages in the performance of a public work
under this MOU as defined by Labor Code Section 1770 et seq., Sub-Recipient and its
Consultant(s) shall be required to cause such employees who are entitled to prevailing wages, to
be paid the required wage amounts pursuant to applicable state law. Sub-Recipient and its
Consultant(s) shall ensure compliance with the State of California’s General Prevailing Wage
Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State,
and local laws and ordinances applicable to the work.
v. Sub-Recipient further acknowledges that any work that qualifies as a public work within the
meaning of California Labor Code Section 1720 shall require Sub-Recipient and its Consultant(s)
to comply with the provisions of California Labor Code Sections 1775 et seq. Sub-Recipient
agrees to ensure compliance with Labor Code Section 1776 regarding retention and inspection of
payroll records and noncompliance penalties, Labor Code Section 1777.5 regarding employment
of registered apprentices, and Labor Code Section 1813 regarding forfeiture for violations of the
maximum hours per day and per week provisions contained in the same chapter.
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b. Sub-Recipient shall comply with all applicable federal, state, and local procurement requirements
for public works and construction projects and shall advertise, open bids, award, and approve all
construction contracts in accordance with the California Public Contract Code and the California
Labor Code.
c. All construction contracts for the Projects shall be administered and managed by Sub-Recipient.
Sub-Recipient shall prepare or have prepared a detailed schedule of performance for the Projects,
ensuring that all construction is completed within the timeline allowed by the MOU. Sub-Recipient
shall be responsible for requiring the construction contractor to furnish any applicable labor and
material bonds and payments and performance bonds naming the Sub-Recipient as obligee, and
SCAG as additional obligee, or an insurance policy in lieu of such bonds.
d. Sub-Recipient agrees to procure any and all permits, licenses and approvals necessary to complete
the Projects, including those necessary to perform design, construction, operation and
maintenance, and to comply with all California Environmental Quality Act requirements
applicable to the Projects. Sub-Recipient shall pay all charges and fees and give all notices
necessary or incidental to the Projects.
e. Sub-Recipient shall prepare, or have prepared, all plans, specifications and estimates for the Projects
and ensure that the Projects comply with all applicable federal and state accessibility requirements,
including but not limited to the Americans with Disabilities Act, including its implementing
regulations at 24 CFR Part 8 and any amendments, and California Government Code Section 4450,
and applicable requirements and guidance provided in Title 24 of the California Code of Regulations,
for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility
and usability.
f. Sub-Recipient shall conduct all necessary due diligence for the Projects, including but not limited to
performing necessary environmental assessments/review of environmental hazard reports,
conducting engineer/geotechnical review, commissioning title reports to identify and evaluate the
condition of title and encumbrances on the subject property, determining the entity(ies) with site
control, including whether any third parties have ownership or site control rights, and determining the
suitability for the Project.
g. Sub-Recipient shall ensure any contractors or subcontractors are paid in accordance with applicable
laws and regulations.
h. Sub-Recipient shall comply with the procedure set forth in Public Contracts Code Section 9204 for
processing contractor claims, paying undisputed amounts, and requiring mediation of disputed
amounts.
i. Sub-Recipient shall be responsible for ensuring ongoing maintenance of the Projects after completion.
SCAG shall not be responsible for ongoing maintenance of the Projects after completion.
23. Conflict of Interest
The Parties shall comply with all applicable federal and state conflict of interest laws, regulations, and
policies.
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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.
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
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).
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.
To ensure consistency of public information about SCAG programs and funded work products, Sub-
Recipient is required to notify and 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.
All communication materials must be provided to SCAG prior to completion so that inclusion of this
element can be confirmed. SCAG will reply within three business days; if no reply is received, the
Sub-Recipient can proceed without comments.
SCAG Communication Contact:
Alisha James
james@scag.ca.gov
(213) 236-1884
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.
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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 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 Consultants, 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)
Section 14 (Indemnification)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations)
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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 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.
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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 Projects, 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 Projects and to provide such additional information as may be required by SCAG.
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SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
No. M-010-24
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: _______________________________________________ _________________
Jeffery Elder Date
Acting Chief Counsel
VENTURA COUNTY TRANSPORTATION COMMISSION (“Sub-Recipient”)
By: _______________________________________________ _________________
Martin R. Erickson Date
Executive Director
APPROVED AS TO FORM:
By: _______________________________________________ _________________
Steven T. Mattas Date
General Counsel
DocuSign Envelope ID: 12459E1A-3BF7-4055-80FE-6FA679629E9A
12/13/2023
12/18/2023
12/18/2023
12/19/2023
168
VCTC: Exhibit A1‐A4 – Scopes of Work
Exhibit A‐1 – VC01
Project Title: Countywide Transit Stops and Stations Needs Assessment and Infrastructure
Improvements
Project Description: This project will conduct an inventory of all bus stops and train stations in Ventura
County and will fund capital improvements at transit stops and stations owned by transit agencies and
municipalities. Capital improvements that result from this project can be paired with future affordable
housing investments within Ventura County to foster inclusive development and boost accessibility and
mobility for historically disadvantaged communities.
Final Deliverable:
Transit Stops and StaƟons Final Report
ConstrucƟon Improvements at Transit Stops and StaƟons
Project Budget: $1,500,000
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169
Exhibit A‐2 – VC02
Project Title: Santa Paula Branch Line Trail Master Plan and Environmental Impact Report Update
Project Description: The project advances the Santa Paula Branch Line Trail Master Plan, including
conceptual design, environmental, and permitting phases to improve active transportation connections
to housing, transit, and job centers in the Santa Clara River Valley.
Final Deliverable:
Final Master Plan
Final EIR/EIS
Environmental Permits Obtained
Project Budget: $1,677,000
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170
Exhibit A‐3 – VC03
Project Title: Countywide Paratransit Integration Analysis
Project Description: The project will evaluate and provide recommendations for consolidation of all
demand‐response (paratransit and dial‐a‐ride) operations into a new countywide agency with a single
call/dispatch center. By improving paratransit service, Ventura County will be able to more effectively
and efficiently serve more locations enabling residents to maintain their mobility and independence
while remaining connected to their community.
Final Deliverable:
ImplementaƟon Plan
Finance Plan
Project Budget: $300,000
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Exhibit A‐4 – VC04
Project Title: Community Traffic Calming and Pedestrian and Bicycle Safety Program
Project Description: The project will establish a Community Traffic Calming Program in Ventura County.
The program will target areas with excessive vehicle speeds, identify concepts for permanent
infrastructure improvements, and develop and implement a comprehensive traffic calming program
incorporating the SCAG Go Human toolkit.
Final Deliverable:
Safety EducaƟonal Campaign AcƟviƟes
Preliminary Engineering and Cost EsƟmates
Final Summary of Community Traffic Calming and Bicycle Safety Program and Safety EducaƟonal
Campaign
Project Budget: $300,000
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172
Regional Early Action Planning Grants of 2021 (REAP 2.0)
County Transportation Commission Partnership Program
Scope of Work Approval Form - Project Summary
1
CTC:
Project:
☐Original Scope of Work Approval
☐Revision Requested - Add, Remove, or Change Project Manager
☐Revision Requested to Project Tasks (Please check all that apply)
☐Revise/Delete a Previously Approved Task ☐ Task Budget Revision
☐Project/Task Date Change ☐Change in Deliverable (Interim)
SCAG Approval Date: ___________________________
Revision No. NUMBER
Revision Effective Date: _________________________
Original Approved Summary of Projects Tasks (approved on DATE)
Project/Activity Tasks Outline
Task and sub-tasks Staff/Consultant/
Both
Estimated cost Begin date End date Deliverable
1.0 Project
Administration and
Management
Both $Click or
tap here to
enter text.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Total Project Cost $Click to
enter text.
☐Other (Please describe)
Exhibit B – Scope of Work Approval Form
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Regional Early Action Planning Grants of 2021 (REAP 2.0)
County Transportation Commission Partnership Program
Scope of Work Approval Form - Project Summary
2
Requested Revisions to Project Tasks If a revision is requested, please also update the project/activity task
outline(s) below and highlight the changes.
Revised Project/Activity Tasks Outline
Task and sub-tasks Staff/Consultant/
Both
Estimated cost Begin date End date Deliverable
1.0 Project
Administration and
Management
Both $Click or
tap here to
enter text.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Both $Click or
tap here to
enter text.
Click to
enter a
date.
Click to enter
a date.
Total Project Cost $Click to
enter text.
Route all budget changes to Accounting and B&G.
Signatures below to approve revisions also indicate approval of any modifications to subsequent pages.
Revision Approval Requested By: Revision Approved By:
CTC PROJECT MANAGER SCAG Deputy Director or Authorized Designee
Name / Title Name / Title
_______________________________________ _______________________________________
Signature Date Signature Date
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Regional Early Action Planning (REAP) Grant
Subregional Partnership Program
Scope of Work Approval Form – New Project Sheets
3
Project Metrics
Each REAP 2.0 project requires metrics to quantitatively measure the outcome of the project. Project metrics
selected on this form will be included in the REAP 2.0 CTC quarterly progress reporting form. Please select all
metrics that will apply to your approved projects:
1. Sample
☐ Sample
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Regional Early Action Planning (REAP) Grant
Subregional Partnership Program
Scope of Work Approval Form – New Project Sheets
4
1 Project
☐Metrics for this project have been selected in the “Project Metrics” portion of this form.
_____ (Insert Number of) Procurements Expected for this Project
Brief Description of Project: (Pulled from project application)
Alignment with SCAG Connect SoCal regional priorities:
Connection to REAP 2.0 Objectives (AFFH, Reducing VMT, Accelerating Infill Development):
Signatures on this page indicate approval of initial SAF in its entirety. Revisions do not require new signatures
in this section.
Approved By:
CTC Project Manager SCAG Project Manager
Name / Title Name / Title
________________________________________ ______________________________________
Signature Date Signature Date
Initial SAF Approved By:
SCAG Deputy Director
________________________________________
Signature Date
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Exhibit C – Invoice Report
Invoice Attachments
Cost Reimbursement Summary (A)
Progress Report (B)
Line-Item Billing (C)
Labor Summary Report/Payroll Report (D)
ODC Summary (E)
Proof of Payments (F)
(A) The Cost Reimbursement Summary summarizes the information at the task level.
1. Acceptable proof of payments are in the form of copy of checks or ACH payment confirmations. In addition, copy of paid
invoices should also be provided for any consultants charges and payroll report/journal for all sub-recipient's direct labor
charges.
2. Include a summary report from your financial accounting system showing total costs incurred to date (if available).
Note: Sub-recipient is responsible for reviewing in detail all their consultant's charges and their subconsultant’s charges, and
verifying those charges are in compliance with the award and have been rendered in compliance with the Scope of Work. Sub-
recipient shall retain all source documentation that account for Sub-recipient costs and payments made to consultants,
contractors, vendors and subcontractors, including but not limited to, purchase orders, receipts, progress payments,
subcontractor's invoices, timesheets, logs, travel requests, proof of payment, and financial reports. While some of these
documents are not required to be submitted as part of the payment request, SCAG may request access to these documents at
any time. Sub-recipient must retain these records as per Section 18 of the MOU and must ensure that only allowable costs are
claimed.
(D) The Labor Summary Report/Payroll Report must account for the total SCAG activity for each employee during the pay
period applicable to the project billed on the invoice.
(E) Provide a summary of Other Direct Costs (ODCs), itemized by category. An example is provided.
(F) Submit proof of payments for all charges included in the Line-Item Billing.
3. If the Indirect/Overhead Rate and/or Fringe Rate changed from the original approved rates, submit supporting
documentation for review and approval with the invoice.
(G) Must submit electronic Excel file and signed PDF file.
4. Reference all supporting documentation to the Line-Item Billing.
Cost
Reimbursement
(B) The Progress Report shall describe the percentage and status of work completed at the task and overall level. The progress
report should include the overall progress narrative including the work completed by the consultants. The progress report can
be submitted in Word or PDF format, if desired.
(C) Enter all charges on the Line-Item Billing tab (direct labor, fringe, indirect/overhead, other direct costs, and consultants).
The Sub-recipient can only claim costs incurred and paid to date. Reference all supporting documentation to the Line-Item
Billing (in Column A)
Invoice Submittal Instructions
This checklist shows the required documents that must be included when submitting an invoice.
Data input is required in all tabs.
NOTE: Sub-recipient can only claim costs incurred and paid to date.
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Email Excel file and PDF file to: Date:
accountspayable@scag.ca.gov Invoice #:
Cindy Giraldo Billing Period:
Chief Financial Officer MOU #:
Southern California Association of Governments OWP #:
900 Wilshire Blvd., Ste 1700 MOU Term Date:
Los Angeles, CA 90017 Project Title:
Full Project Budget Amount -$
Remaining Budget -$
Percentage of Project Budget Spent #DIV/0!
Overall Percentage of Work Completion 0.00%
Cost Categories Budget Current Invoice
Previously
Invoiced
YTD
Expenditure Balance
Task #1 $ - -$ -$ -$ -$
Task #2 $ - -$ -$ -$ -$
Task #3 $ - -$ -$ -$ -$
Task #4 $ - -$ -$ -$ -$
Task #5 $ - -$ -$ -$ -$
Task #6 - 5% Admin $ - -$ -$ -$ -$
GRAND TOTAL -$ -$ -$ -$ -$
Please send check to:
CTC Name
Address
City/State/ZIP
Signature of an Authorized Official
Full Name of an Official who is Authorized to
Legally Bind the Organization
Printed copy should be in Agency Letterhead
Cost Reimbursement Summary
By signing this report under penalty of perjury, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the award. I am aware that any false, fictitious, or
fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or
otherwise. I will retain all supporting documentation as required and make it available upon request. I will refund any audit disallowances to SCAG.
Title
Date
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Invoice #:
Billing Period:
MOU #:
Overall Percentage of Work Completion: 0.00%
Task 1: 0.00%
●
●
●
PENDING NEXT MONTH
●
●
Task 2: 0.00%
●
●
●
PENDING NEXT MONTH
●
●
Task 3: 0.00%
●
●
●
PENDING NEXT MONTH
●
●
Task 4: 0.00%
●
●
●
PENDING NEXT MONTH
●
●
Task 5: 0.00%
●
●
●
PENDING NEXT MONTH
●
●
Task 6 - 5% Admin: 0.00%
●
●
●
PENDING NEXT MONTH
●
●
Task Name
0
Progress Report
Task Name
Task Name
Task Name
0
0
0
Task Name
Task Name
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CTC Project Manager Name:Invoice #:
CTC Name Billing Period:
CTC Address MOU #:
Project Title:
Task #1 Task #2 Task #3 Task #4 Task #5
Task #6 - 5%
Admin
Task Name Task Name Task Name Task Name Task Name Task Name
Amount Amount Amount Amount Amount Amount
Direct Labor Classification(s):
Project Staff per Labor Summary Report/Payroll Report -$ -$ -$ -$ -$ -$ -$
Subtotal - Direct Labor -$ -$ -$ -$ -$ -$ -$
Indirect/Overhead & Fringe (inc. G&A):
Indirect/Overhead 0.00% -$ -$ -$ -$ -$ -$ -$
Fringe 0.00% -$ -$ -$ -$ -$ -$ -$
Subtotal - Overhead & Fringe (inc G&A): -$ -$ -$ -$ -$ -$ -$
Other Direct Costs (ODCs)
Travel -$ -$ -$ -$ -$ -$
Printing - Directly Chargeable only -$ -$ -$ -$ -$ -$
Other -$ -$ -$ -$ -$ -$
Subtotal - ODCs: -$ -$ -$ -$ -$ -$
Consultant(s)
Consultant 1 -$ -$ -$ -$ -$ -$
Consultant 2 -$ -$ -$ -$ -$ -$
Consultant 3 -$ -$ -$ -$ -$ -$
Consultant 4 -$ -$ -$ -$ -$ -$
Subtotal - Consultant(s): -$ -$ -$ -$ -$ -$
GRAND TOTAL -$ -$ -$ -$ -$ -$ -$
OVERALL PERCENTAGE OF COMPLETION FROM PROGRESS REPORT 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%0.00%
BUDGET -$ -$ -$ -$ -$ -$ -$
PREVIOUSLY (CUMULATIVE) REIMBURSED AMOUNT AFTER DISALLOWANCES -$ -$ -$ -$ -$ -$ -$
YTD EXPENDITURES (BILLED TO DATE)-$ -$ -$ -$ -$ -$ -$
EARNED TO DATE -$ -$ -$ -$ -$ -$ -$
VARIANCE -$ -$ -$ -$ -$ -$ -$
#DIV/0!
Line-Item Billing
Reference
No.
Cost Categories Approved
Rates
Grand Total
(All tasks)
0
0
0
0
Grand Total
(All tasks)
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Labor Summary Report/Payroll Report
CTC is required to provide a labor summary report/payroll report that supports the Direct Labor costs for Project Staff billed in the Line-Item
Billing.
The report should detail employee's name, hours, and pay rate. Report total must reconcile to the total labor costs billed and segregate
employee labor costs to be charged to the 5% Admin portion of the project staff costs.
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Invoice #:
Billing Period:
MOU #:
Travel
Date Type Purpose Cost
$0.00
Printing - Directly Chargeable only
Date Type Purpose Cost
$0.00
$0.00
Other
Date Type Purpose Cost
$0.00
$0.00
Total ODC $0.00 matches
Other Direct Costs (ODC) Summary
0
0
0
0
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Invoice #:
Billing Period:
MOU #:
Travel
Date Type Purpose Cost
2/13/2019 Transportation Meeting w/ Project Manager - Lunch $50.00
2/13/2019 Transportation Travel back home from meeting - Mileage $25.00
$75.00
Printing - Directly Chargeable only
Date Type Purpose Cost
2/7/2019 Printing Marketing Posters $200.00
$200.00
Total ODC $275.00
ODC Receipt Samples - (receipts to be retained by CTC for audit purposes):
LA01 Enhanced GoSGV E-Bike Share Program
1
02/1/19-06/30/23
M-008-24
Other Direct Costs (ODC) Summary
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Exhibit D – Sub-Recipient Report Template
PENDING GUIDANCE FROM HCD
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COVER PAGE
MEMORANDUM OF UNDERSTANDING
AMENDMENT NO. 1
No. M-010-24
SCAG Overall Work Program (OWP) No: 305-4926.01
MOU No: M-010-24
MOU Execution Date: December 19, 2023
Agency Contact: Martin Erickson
Project Participant Name: Ventura County Transportation Commission
Project Participant’s UEI No: JEVVZV6ALEN5
MOU Amount: $3,777,000
Subaward Period of Performance Start Date: April 12, 2023
Subaward Period of Performance End Date: June 30, 2026
Type of Contract: Project Specific
Method of Payment: (Reference Section 6 of MOU M-010-24)
Project Title: Ventura County Transportation Commission REAP 2.0 CTC Partnership Program
Grant
Project Description: Ventura County Transportation Commission will utilize REAP 2.0 funding
to fund county-specific pilots to meet REAP 2.0 Goals and Objectives within the SCAG region.
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MOU No. M-010-24
SCAG Project/OWP No.305.4926.01
AMENDMENT NO. 1
TO
MEMORANDUM OF UNDERSTANDING
No. M-010-24
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND VENTURA COUNTY TRANSPORTATION COMMISSION
FOR REAP 2.0 CTC PARTNERSHIP PROGRAM GRANT
(305.4926.01)
This Amendment No. 01 (“Amendment”) to the underlying Memorandum of Understanding No. M-
010-24 (“MOU”) is by and between the SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (“SCAG”) and the VENTURA COUNTY TRANSPORTATION
COMMISSION (“VCTC”), subsequently herein referred to as the “PROJECT PARTICIPANT,”
for the VENTURA COUNTY TRANSPORTATION COMMISSION REAP 2.0 CTC
PARTNERSHIP PROGRAM GRANT (“Project”) under the REAP 2.0 County Transportation
Commission Partnership Program (“Program”). SCAG and the PROJECT PARTICIPANT are
individually referred to herein as “Party” and may be collectively referred to herein as “Parties.”
RECITALS
WHEREAS, the Parties entered into the MOU dated December 19, 2023; and
WHEREAS, Section 11 of the MOU permits the Parties to amend the MOU through written
amendment; and
WHEREAS, the purpose of Amendment No. 1 (“Amendment 1”) is to update Exhibit A to reflect
current deliverables, amend the current period of performance end date of November 30, 2025, to
June 30, 2026, amend the current final invoice submittal date from December 31, 2025, to June
30, 2026, amend the frequency of invoice submittal from monthly to quarterly, amend select
project funding totals, add CEQA/NEPA responsibilities as applicable, amend the records
retention date, and amend the SCAG Project Manager.
NOW THEREFORE, IT IS MUTUALLY AGREED THAT:
1. Section 2 (Term) is amended to read:
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.
1. Section 3 (Scope of Work and Sub-Recipient’s Responsibilities) is amended to add sub-
section (l):
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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).
2. Section 4 (Project Management) sub-section (b) is amended to read:
b. For purposes of this MOU, SCAG designates the following individual(s) as its Project
Manager:
Daniel Bezinovich
Senior Regional Planner
(213)630-1575
bezinovich@scag.ca.gov
SCAG reserves the right to change this designation upon written notice to Sub-Recipient.
3. Section 5 (Funding) sub-section (a) is amended to read:
a. SCAG’s contribution to the Projects is funded wholly with REAP 2.0 funds, in an
amount not to exceed $3,777,000 (“Grant Funds”). The individual Projects shall be
funded as follows (“Project Funds”):
VC01 - Countywide Transit Stops and Stations Needs Assessment and Infrastructure
Improvements - $3,100,000
VC02 - Santa Paula Branch Line Trail Master Plan and Environmental Impact Report
Update - $134,422
VC03 - Countywide Paratransit Integration Analysis - $242,578
VC04 - Community Traffic Calming and Pedestrian and Bicycle Safety Program -
$300,000
4. Section 6 (Invoices) sub-sections (b) and (f) are amended to read:
b. By the twenty-first following the start of a new fiscal quarter (i.e. January 21, April
21, July 21), Sub-Recipient shall submit an invoice for each Project to SCAG using
the “Invoice Report” attached as Exhibit C. The Invoice Report must be submitted in
both PDF format and the Excel file provided by SCAG. The Invoice Report shall also
include, in narrative form, a progress report section with 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 invoiced period, a reporting of all
costs incurred for that period, and progress achieved toward the REAP 2.0 Goals and
Objectives. SCAG shall review the Invoice Report for compliance with this MOU. If
SCAG determines that the Invoice Report is compliant with this MOU, SCAG shall
approve the Invoice Report and issue payment to the Sub-Recipient.
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f. Sub-Recipient shall submit its final invoice to SCAG within thirty (30) days of the
completion of each individual Project, but no later than June 30, 2026, whichever is
first. SCAG shall not be obligated to pay Sub-Recipient for any invoice received after
such date.
5. Section 7 (Reporting) sub-section (c) is amended to read:
c. When a Project is finalized, and no later than June 30, 2026, 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.
6. Section 18 (Invoices) sub-sections (a) and (b) are amended to read:
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 December 31, 2026. 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) December 31, 2026,
whichever is later.
6. The “Scope of Work” Exhibit A-1, “Scope of Work” Exhibit A-2, and “Scope of Work”
Exhibit A-3 are attached hereto and incorporated herein by this reference and shall replace in
their entirety Exhibit A-1, Exhibit A-2 and Exhibit A-3, respectively.
In all other respects, the terms and conditions of the MOU, as amended, shall remain in full force
and effect.
[Signatures on Following Page]
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SIGNATURE PAGE TO
AMENDMENT NO. 1
MEMORANDUM OF UNDERSTANDING NO.
M-010-24
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly
authorized representatives as of the dates indicated below:
Agency
By: _______________________________________________ _________________
Martin R. Erickson Date
Executive Director
APPROVED AS TO FORM:
By: _______________________________________________ _________________
Steven T. Mattas Date
General Counsel
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
By: _______________________________________________ _________________
Cindy Giraldo Date
Chief Financial Officer
APPROVED AS TO FORM:
By: _______________________________________________ _________________
Richard Lam Date
Senior Deputy Legal Counsel
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3/17/2025
3/18/2025
3/18/2025
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Exhibit A-1
Scope of Work
Exhibit A-1 – VC01
Project Title: Countywide Transit Stops and Stations Needs Assessment and Infrastructure
Improvements
Project Description: This project will conduct an inventory of all bus stops and train stations in
Ventura County and will fund capital improvements at transit stops and stations owned by transit
agencies and municipalities. Capital improvements that result from this project can be paired
with future affordable housing investments within Ventura County to foster inclusive
development and boost accessibility and mobility for historically disadvantaged communities.
Final Deliverable:
• Transit Stops and Stations Final Report
• Construction Improvements at Transit Stops and Stations Procurement and Installation of
Open-Loop Readers
Project Budget: $1,500,000 $3,100,000
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Exhibit A-2
Scope of Work
Exhibit A-2 – VC02
Project Title: Santa Paula Branch Line Trail Master Plan and Environmental Impact Report
Update
Project Description: The project advances the Santa Paula Branch Line Trail Master Plan,
including conceptual design, environmental, and permitting phases to which will improve active
transportation connections to housing, transit, and job centers in the Santa Clara River Valley.
Final Deliverable:
• Final Master Plan Existing Analysis and Assessment
• Final EIR/EIS Outreach and Engagement Plan
• Environmental Permits Obtained
Project Budget: $1,677,000 $134,422
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Exhibit A-3
Scope of Work
Exhibit A-3 – VC03
Project Title: Countywide Paratransit Integration Analysis
Project Description: The project will evaluate and provide recommendations for consolidation
of all demand‐response (paratransit and dial‐a‐ride) operations into a new countywide agency
with a single call/dispatch center. By improving paratransit service, Ventura County will b e able
to more effectively and efficiently serve more locations enabling residents to maintain their
mobility and independence while remaining connected to their community.
Final Deliverable:
• Implementation Plan
• Finance Plan
• Final Countywide Paratransit Integration Analysis
Project Budget: $300,000 $242,578
Docusign Envelope ID: 0357E5C7-B92D-4A82-BC31-1B0B6DBA4146
192
MOU No. M-010-24
SCAG Project/OWP No.305.4926.01
Exhibit A-4
Scope of Work
Exhibit A-4 – VC04
Project Title: Community Traffic Calming and Pedestrian and Bicycle Safety Program
Project Description: The project will establish a Community Traffic Calming Program in
Ventura County. The program will target areas with excessive vehicle speeds, identify concepts
for permanent infrastructure improvements, and develop and implement a comprehensive traffic
calming program incorporating the SCAG Go Human toolkit.
Final Deliverable:
• Safety Educational Campaign Activities
• Preliminary Engineering and Cost Estimates
• Final Summary of Community Traffic Calming and Bicycle Safety Program Safety
Educational Campaign
Project Budget: $300,000
Docusign Envelope ID: 0357E5C7-B92D-4A82-BC31-1B0B6DBA4146
193
ATTACHMENT 2
RESOLUTION NO. 2025-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MOORPARK AND VENTURA COUNTY
TRANSPORTATION COMMISSION TO FACILITATE
RECEIPT AND ADMINISTRATION OF A $225,000 GRANT
THROUGH THE REGIONAL EARLY ACTION PLANNING
GRANT PROGRAM (REAP 2.0) FOR THE DESIGN AND
INSTALLATION OF A BUS SHELTER AND ASSOCIATED
IMPROVEMENTS, AMENDING THE FISCAL YEAR 2025/26
BUDGET TO RECEIVE $225,000 IN REAP 2.0 GRANT
FUNDS FULLY REIMBURSABLE BY VENTURA COUNTY
TRANSPORTATION COMMISSION, AND FINDING THE
ACTION TO BE CATEGORICALLY EXEMPT FROM CEQA
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 Organization (“MPO”) and other regional entities for transformative
planning and implementation activities that meet housing, 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, Ventura County Transportation Commission (VCTC) received
authorization from SCAG to reimburse the City $225,000 with REAP 2.0 funds for the
design and construction of a new bus shelter on High Street and the replacement of trash
receptacles at bus stops to the City; and
WHEREAS, a staff report has been presented to City Council requesting a budget
amendment in the amount of $225,000 from REAP 2.0 Grant Funds that the Ventura
County Transportation Commission (VCTC) will be administering and reimbursing to the
City; and
WHEREAS, an amendment to the FY 2025/26 Operating and Capital Improvement
Budget is required to provide for the receipt of REAP 2.0 Grant Funds; and
WHEREAS, a Memorandum of Understanding (MOU) between the City of
Moorpark and VCTC has been prepared by which REAP 2.0 grant funds in the amount
of $225,000 will be provided to the City for the installation of a bus shelter on High Street
and for the replacement of trash receptacles at all City bus stops; and
WHEREAS, the Community Development Director has determined that the project
to be carried out by that MOU is categorically exempt from environmental review pursuant
to Section 15301 of the California Environmental Quality Act (CEQA) because the
installation of a bus shelter and associated improvements proposed in connection with
the project constitute minor improvements to existing city street and no special
circumstances regarding the project to their locations exists. Therefore, no environmental
review is required.
194
Resolution No. 2025-____
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The MOU between the VCTC and City for the Regional Early Action
Planning Grant for REAP 2.0 Program Funding is hereby approved. The City Manager
is authorized to execute the MOU.
SECTION 2. A budget amendment allocating $225,000 for receipt of REAP 2.0
grant funds to account 2409-000-G0036-46350, and appropriating corresponding
expenditure to account 2409-430-P0011-55500, as more particularly described in
Exhibit “A” attached hereto is hereby approved.
SECTION 3. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that this project is exempt
from environmental review pursuant to Section 15301 of the State CEQA Guidelines.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of July, 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit “A” – Budget Amendment
195
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2409-000-00000-33990 -$
Total -$
REVENUE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2409-000-G0036-46350 -$ 225,000.00$ 225,000.00$
-$ -$ -$
-$ -$ -$
-$ -$ -$
Total -$ 225,000.00$ 225,000.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2409-430-P0011-55500 -$ 225,000.00$ 225,000.00$
-$ -$
-$ -$
-$ -$
Total -$ 225,000.00$ 225,000.00$
Fund Title
STATE GRANTS
EXHIBIT A
BUDGET AMENDMENT FOR
REAP 2.0 FUNDS ALLOCATION
FY 2025/2026
196