MEMORANDUM OF UNDERSTANDING
No. M-014-25
SCAG Overall Work Program (OWP) No: 305-4925.01
Federal/State Awarding Agency: State of California, Department of Housing and Community Development
Funding Source: Regional Early Action Planning Grants Program of 2021 (REAP 2.0)
Sub-Recipient Name: City of Murrieta
Sub-Recipient’s UEI No: CP6AE8VFMVR6
Total Amount of Federal Funds Obligated to Sub-Recipient: $0 Total Amount of Non-Federal Funds Obligated to Sub-Recipient: $4,100,000.00 Total Amount of the Sub-Award: $4,100,000.00
Subaward Period of Performance Start Date: See Section 37 Subaward Period of Performance End Date: June 30, 2026
Type of Contract: Project Specific
Method of Payment: See Section 6
Project R&D: N/A
Indirect Cost Rate for the Award: N/A
Fringe Benefits Cost Rate for the Award: N/A
Subaward Project Title: City of Murrieta REAP 2.0 Notice of Fun ds Availability for Lasting Affordability Program Grant
Subaward Project Description: City of Murrieta will utilize REAP 2.0 funding for a project that supports programmatic level investments in housing trust funds, community land trusts, catalyst funds and nonprofit organizations that secure lasting affordability in co mpliance with the program and the state REAP 2.0 guidelines.
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MEMORANDUM OF UNDERSTANDING
No. M-014-25
BETWEEN THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
AND CITY OF MURRIETA
FOR REAP 2.0 NOTICE OF FUNDS AVAILABLE FOR LASTING AFFORDABILITY
PROGRAM GRANT
(SCAG Project/OWP No. 305-4925.01)
This Memorandum of Understanding (“MOU”) is entered into by and between the Southern California Association of Governments (“SCAG”) and City of Murrieta (“Sub-Recipient”), for a Notice of Funds Available for Lasting Affordab ility (“NOFA”) Program Grant. SCA G 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 tr ansformative planning and impleme ntation activities tha t meet housing and equity goals, reduce Vehicle Miles Traveled per capita, and adv ance implementation of the region’s Sustainable Communities Strategy or Alternative Planning Strategy, as applicable;
WHEREAS, the California Department of Housing and Community Dev elopment (“HCD”) administers REAP 2.0 in accordance with Health and Safety Code sections 505 15.06 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 d esignated MPO for Southern Cali fornia, primarily responsible for the development of a Regional Transportation Plan/Sustainable C ommunities Strategy (“RTP/SCS” also known as “Connect SoCal”) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;
WHEREAS, HCD awarded funds to SCAG under REAP 2.0;
WHEREAS, SCAG’s Regional Council authorized funding for the NOF A Program and approved guidelines for the NOFA Program (“Program Guidelines”);
WHEREAS, SCAG released a competitive Call for Applications for the NOFA Program;
WHEREAS, Sub-Recipient, eligib le for funds under the NOFA Progr am, developed and submitted a proposed project for the NOFA Program (“Project”);
WHEREAS, SCAG reviewed the Project and determined the Project to be consistent with the REAP 2.0 Guidelines and Program Guidelines, and approved the Project to receive funding; and
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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 incor porated 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 cont inue until June 30, 2026, (“Completion Date”), unless terminated earlier as provided here i n . T i m e i s o f t h e e s s e n c e i n t h e performance of services under this MOU.
3. Scope of Work and Sub-Recipient’s Responsibilities
a. Sub-Recipient shall be responsible for implementing the Project in accordance with the “Scope of Work,” attached as Exhibit A.
b. Interim deliverables and tasks, including budgets and schedules, required to implement the Scope of Work shall be documented using the “Scope of Work Approval F orm,” attached as Exhibit B (“SOW Approval Form”). The SOW Approval Form must be signed by SCAG Project Manager, SCAG Department Manager, SCAG De puty Director or their designee , and Sub-Recipient prior to the performance of the work outlined in the SOW Approval For m. 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 bu dget 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 a l l t h e R E A P 2 . 0 G o a l s a n d Objectives, as described in Section 9 of this MOU, and must car ry out the Project to meet the REAP 2.0 Goals and Objectives. Any lack of action or action inc onsistent with REAP 2.0 Goals and Objectives may result in review and could be subject to mod ification of funding, termination of this MOU, and repayment of the Grant Funds.
d. When requested, Sub-Recipient sh all provide other related docum entation of compliance, as determined by SCAG, with terms and conditions of this MOU within ten (10) days of the request.
e. Any and all notices, reports, o r other communications required by this MOU, including but not limited to invoices, accounting reports, supporting documentati on, and monitoring reports, shall be submitted under the penalty of perjury.
f. Sub-Recipient shall be responsib le for ensuring compliance with all applicable California Environmental Quality Act (CEQA) and National Environmental Pol icy Act (NEPA) Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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requirements, and, as applicable, shall serve as the implementi ng agency for environmental approval(s).
4. Project Management
a. All work under this MOU shall be coordinated with SCAG and Sub-Recipient through the Project Managers.
b. For purposes of this MOU, SCAG designates the following individual as its Project Manager:
Jessica Reyes Juarez
Associate Regional Planner
213-236-1802
[email protected]
SCAG reserves the right to change this designation.
c. For purposes of this MOU, Sub-Recipient designates the followin g individual(s) as its Project Manager:
Carl Stiehl
City Planner
951-461-6063
[email protected]
Sub-Recipient reserves the right to change this designation upon written notice to SCAG.
5. Funding
a. SCAG’s contribution to the Project is funded wholly with REAP 2 .0 funds, in an amount not to exceed $4,100,000.00 (“Grant Funds”).
b. SCAG shall not be obligated to make payments for any costs that exceed the Grant Funds. SCAG shall not be obligated to pay for any increase in costs which e xceeds the budget included in this MOU and the most current fully e xecuted SOW Approval Form. SCAG shall not be obligated to make payments from any source ot her 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-R ecipient only for work perform ed as part of the Scope of Work, as outlined in the most current fully executed SOW Approv al Form, and consistent with REAP 2.0 Goals and Objectives, REAP 2.0 Guidelines, and Program Guidelines. Prior to SCAG issuing REAP 2.0 funding to be used in an existing or emerging housing trust and/or lending product, Grantee shall demonstrate to the satisfaction of SCAG the capacity to manage and utilize Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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the funding for the purposes defined in the fund and/or lending product and meet all requirements of the REAP 2.0 and PATH Program Guidelines.
d. SCAG reserves the right, in its sole discretion, to discontinue funding the Project and/or terminate this MOU as described in Section 17.
e. Any costs for which Sub-Recipien t receives reimbursement or cre dit that is determined by a subsequent audit or other review by either SCAG, HCD, other Sta te authorities or federal cognizant agency to be ineligible or otherwise unallowable, sha ll be repaid by Sub-Recipient within thirty (30) calendar days of Sub-Recipient receiving not ice or a written demand for reimbursement from SCAG. Such repayment may include interest, p enalties, 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 wi thhold and/or off-set future payments to Sub-Recipient.
6. Invoices
a. This MOU is a Lump Sum agreement. Amounts claimed must equal the Project’s budget set forth in this MOU and the most current fully executed SOW Approval Form. All invoices submitted to SCAG for payment shall be e-mailed to [email protected] (file cannot exceed 10MB) and copy the SCAG Project Manager. All invoices submitted to SC AG for the Project shall reference the OWP Project Number (OWP No. 305-4925.01).
b. Sub-Recipient shall submit an invoice to SCAG using the electro nic “Invoice Template” in accordance with the invoice submittal instructions and requirem ents noted in Exhibit C. Invoices shall be submitted every month during the term of this MOU. Invoices must be submitted in both PDF format and Excel file format. Invoices shall contain a progress report portion which serves to provide an update on the completion of the Scope of Work. The invoice progress report shall serve as the formal progress report for the Project and shall be signed by the Sub-Recipient. The progress report shall include, in narrative form, a description of services performed by the Sub-Recipient as well as progress toward completio n of tasks related to the Proj ect for the invo iced period and progress achieved toward the REAP 2.0 Goals and Objectives. SCA G shall review invoices for compliance with this MOU. If SCAG determines that an invoice is compliant with this MOU, SCAG shall approve the invoice and issue payment to the Sub-Recipient. If SCAG determines that an invoice is not compliant with this MOU or the most current f ully executed SOW Approval Form, SCAG may withhold and/or off-set future payment(s) to the Sub-Recipient.
c. SCAG shall reimburse Sub-Recipient as promptly as SCAG’s fiscal p r o c e d u r e s p e r m i t , u s i n g Electronic Fund Transfer, availa ble at: ACH Vendor Payment Auth orization Form, upon receipt of itemized invoices submitted in accordance with this MOU. Su b-Recipient shall complete the ACH Vendor Payment Authorization Form and email it to ACHpaymen [email protected], prior to executing this MOU.
d. Incomplete or inaccurate invoices may be returned to Sub-Recipi ent for correction without payment until corrected and approved.
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e. Travel expenses are not allowed.
7. Reporting
a. At any time during the term of this MOU, SCAG may request addit ional information, as needed, to demonstrate satisfaction of all requirements identified in t he MOU and the most current fully executed SOW Approval Form.
b. By February 10 of each year following receipt of funding pursua nt to this MOU, Sub-Recipient shall submit an Annual Report usin g the “Report Template,” atta ched as Exhibit D. The Annual Report shall include, in narrativ e form, a description of servi ces performed by Sub-Recipient 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 towar d the REAP 2.0 Goals and Objectives.
c. When a Project is finalized, and no later than the Completion D ate, 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 gra ntees at the conclusion of the grant performance period. Therefore, the Close-Out Report forma t required by SCAG of Sub- Recipient is not available at this time, but will be provided when it becomes available.
d. All reports submitted to SCAG shall reference the OWP Project Number (OWP No. 305-4925.01).
8. Accounting
a. Sub-Recipient shall establish and maintain an accounting system and reports that properly accumulate incurred Project costs by line. The accounting syste m shall conform to Generally Accepted Accounting Principles (“GAAP”), enable the determination of incurred costs as interim points of completion, and provide support for payment vouchers and invoices.
b. Sub-Recipient shall establish a separate ledger account for rec eipts and expenditures of Grant Funds and maintain expenditure details in accordance with the Scope of Work, as outlined in the most current fully executed SOW Approval Form.
c. Sub-Recipient shall maintain doc umentation of its normal procur ement policy and competitive procurement bid process and completed procurements, and financial records of expenditures incurred during the course of the Project in accordance with GAAP.
9. Allowable Uses of Grant Funds
a. Grant Funds shall be expended in compliance with the REAP 2.0 Goals and Objectives.
i. REAP 2.0 Goals (“Goals”) are to invest in housing, planning, an d 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 Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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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 affo rdability; (2) a ffirmatively fu rthering fair housing; (3) reducing vehicle miles traveled. More detailed information on the Objectives can be found in Section 202 of the REAP 2.0 NOFA and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full.
b. Grant Funds shall only be used by Sub-Recipient for activities approved by SCAG and included in the Scope of Work, as outlined in the most current fully executed SOW Approval Form.
c. Grant Funds may not be used for a dministrative costs of persons employed by Sub-Recipient for activities not directly related to eligible activities.
d. There must be a strong implement ation component for the funded activity through REAP 2.0, including, where appropriate, ag reement by Sub-Recipient to sub m i t t h e c o m p l e t e d p l a n n i n g document or effort to the applicab le board, council, or other e ntity for adoption or approval. If Sub-Recipient does not formally r equest adoption or approval of the funded activity, it may be subject to repayment of the Grant Funds.
e. Protection of Grant Funds.
i. Sub-Recipient shall provide the Grant Funds in the form of a loan evidenced by a promissory note, the repayment of which shall be secured either by a deed of trust recorded against the title to the real property, or a security interest in the manuf actured home being assisted with Grant Funds. The promissory note shall contain a special provis ion that repayment shall be made to SCAG in the event that the Sub-Recipient is no longer in operation.
ii. Multifamily rental projects assisted with Grant Funds are requi red to have a recorded Regulatory Agreement setting fo rth requirements for household i ncome levels and rent restrictions for all units assisted by Grant Funds.
iii. Where Grant Funds are provided in the form of a construction loan, the Sub-Recipient and the housing developer shall enter into a development loan agreement setting forth the terms and conditions required to be met prior to closing escrow, which sh all include, but not limited to, requirements for escrow, title insurance, property insurance, c ompliance with environmental remediation requirements, and other borrower responsibilities.
iv. The Sub-Recipient shall submit d ocumentation of its loan guidel ines and underwriting standards and procedures for review by SCAG upon request.
v. SCAG shall have the right to request copies of documentation of the activities of Sub-Recipient at any time prior to or after disbursement of Grant Funds.
vi. Sub-Recipient shall ensure all Grant Funds are disbursed and used in compliance with Section 21 and 22 of this MOU.
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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 Pr oject. Work Products shall not include real property or capital improvements. Work Products includes all deliverables, inventio ns, innovations, improvements, or other works of authorship Sub-Recipient may conceive of or develop in the course of this MOU, whether or not they are eligible for patent, copyright, tradema rk, trade secret or other legal protection.
b. Sub-Recipient shall submit one (1) electronic copy of all Work Products associated with the Project to the assigned SCAG Project Manager.
c. SCAG shall own all Work Products and may, at its sole discretio n, grant to Sub-Recipient a perpetual royalty-free, non-assignable, non-exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Project and devel oped as part of this MOU; provided, however, that any repr oduction, publishing, or reuse of the Work Products will be at Sub-Recipient’s sole risk and without liability or legal exposure to SCAG.
11. Amendments
No amendment or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the request.
12. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be s erved 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
[email protected]
SCAG reserves the right to change this designation.
To Sub-Recipient: Justin Clifton
City Manager
City of Murrieta
1 Town Square, Murrieta, CA 92562
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951-461-6078
[email protected]
13. Insurance
a. Sub-Recipient, at their own expe nse, shall procure and maintain policies of insurance, or provide evidence of self-insurance, of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage.
Insurance Type Requirements Limits
General Liability Commercial General
Liability insurance with
coverage at least as broad as
Insurance Services Office
form CG 00 01.
Not less than $1,000,000 per occurrence,
$2,000,000 general aggregate, for bodily injury,
personal injury, and property damage. The policy
must include contractual liability that has not
been amended. Any endorsement restricting
standard ISO “insured contract” language will
not
be accepted.
Automobile
Liability
Automobile insurance at
least as broad as Insurance
Services Office form CA 00
01. Covering bodily injury and property damage for
all activities of the Sub-Recipient arising out of or
in connection with work to be performed under
this MOU, including coverage for any owned,
hired, non-owned, or rented vehicles, in an
amount not less than $1,000,000 combined single
limit for each accident.
Workers’
Compensation/
Employer’s Liability
Workers’ Compensation
insurance as required by the
State of California and
Employer’s Liability
Insurance. Not required for
sole proprietors or Sub-
Recipient with no
emplo
yees.
Including Occupational Diseases in accordance
with California Law an d Employers’ Liability
Insurance with a limit of not less than $1,000,000
each accident.
Professional
Liability Insurance
Professional Liability (Errors
and Omissions) insurance
appropriate to the Sub-
Recipient’s profession.
With limits of not less than $1,000,000 per
occurrence. In addition, it shall be required that the
professional liability insu rance policy remain in
effect for three (3) years after the Completion Date
of this MOU.
b. Higher Limits: no representation is made that the minimum insur ance requirements of this MOU are sufficient to cover the indemnity or other obligations of Sub-Recipient under this MOU.
c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. SCAG, its officials, employees, and volunteers are to be covere d as additional insureds, as respects to liability arising out of the activities performed b y or on behalf of Sub-Recipient; products and completed operations of Sub-Recipient; premises owned, occupied or used by Sub- Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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Recipient; or automobiles owned leased, hired or borrowed by Sub-Recipient. The coverage shall contain no special limitations on th e scope of protection affor ded to SCAG, its officials, and employees.
ii. For any claims related to this Project, Sub-Recipient’s insuran ce coverage shall be primary insurance as respects SCAG, its officials, and employees. Any i nsurance or self-insurance maintained by SCAG shall be excess of Sub-Recipient’s insurance and shall not contribute with it.
iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to SCAG, its officials, and employees.
iv. Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. The Workers’ Compensation and Employer’s Liability policies shall include a waiver of subrogation endorsement in favor of SCAG, its, officials, employees, and volunteers.
e. Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved by SCAG.
f. Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A and be admitted, unless otherwise approved by SCAG.
g. Sub-Recipient shall furnish SCAG with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents a re to be received and approved by SCAG before work commences. Upon request of SCAG at any time, S ub-Recipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
14. Indemnification
Sub-Recipient shall fully defend, indemnify and hold harmless S CAG, its members, officers, employees, and agents from any and all claims, losses, liabilities, damages, expenses, suits or actions including attorneys’ fees, brought forth or arising under any theories or assertions of liability, occurring by or resulting from or otherwise related to the Project or thi s MOU. Such obligations shall not, however, extend to any claims, losses, liabilities, damages, ex penses, suits, or actions that arise from SCAG’s gross negligence or willful misconduct.
15. Disputes
Except as otherwise provided in this MOU, any dispute arising under this MOU which is not resolved by mutual agreement shall be dec ided through binding arbitratio n by a three (3) member panel in accordance with the rules of the American Arbitration Associati on and as provided in this provision.
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dispute until the dispute is resolved. A judgment upon the awar d rendered by arbitration may be entered into any court having ju risdiction thereof. The arbitra tion panel shall have the authority to grant any remedy or relief that would have been available to th e 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 sh all be borne equally by both Pa rties unless they agree otherwise or unless the arbitrator in the award assesses such expenses again st one of the parties or allocates such expenses other than equally between the Parties. Either Party m ay bring an action in court to compel arbitration under this MOU and to enforce an arbitration award.
16. Noncompliance
a. In the event of nonperformance or noncompliance with any requir ement of this MOU, including but not limited to Project eligibility, schedule, deliverables, or milestone timelines, as outlined in the most current fully executed SOW Approval Form, SCAG may:
i. Issue a written notice to stop work. If such notice is provided, Sub-Recipient shall immediately cease all work under the MOU. SCAG has the sole discretion to determine that Sub-Recipient is in compliance with the terms and conditions after a stop work order, and to deliver a written notice to Sub-Recipient to resume work under this MOU.
ii. Require repayment of the Grant Funds.
iii. Terminate this MOU pursuant to Section 17.
b. Notwithstanding the provisions set forth above, or any other provision contained in this MOU, no remedy conferred by any of the specific provisions of this MOU or the SOW Approval Form, is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy existing at law or in equity or by statute or otherwise.
17. Termination of MOU
a. Termination for Cancellation or Reduction in REAP 2.0 Funding. In the event HCD terminates or cancels funding to SCAG, this MOU is deemed to be terminated an d SCAG shall be relieved of any and all obligations under this MOU as of the effective date of HCD’s termination. In the event HCD reduces funding to SCAG, SCAG shall have the unilateral right to stop work, proportionally reduce funding to Sub-Recipient or terminate this MOU.
b. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty ( 30) calendar days before the effective date of such termination. Should SCAG terminate the MOU for con venience, upon receipt of the notice of termination, Sub-Recipient shall immediately take act ion to avoid incurring any additional obligation costs or expenses except as may be necess ary to terminate its activities.
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termination and is not liable for any expenses after terminatio n. In such event, all finished or unfinished Work Products shall be provided to SCAG.
c. Termination for Cause. If through any cause, either Party shall fail to timely and adequately fulfill its obligations under this MOU, o r if either Party violates any of the covenants, terms, or stipulations of this MOU, the non-breaching Party shall thereup on have the right to terminate the MOU by giving not less than ten (10) calendar days written noti ce 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 e vent that SCAG invokes this termination for cause provision, Sub-Recipient shall reimburse SCAG for all funds provided for the Project and all finished or unfinished Work Products shall be provided to SCAG at its option.
18. Records Retention
a. Sub-Recipient 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 for five (5) years after: (a) the co nclusion or resolution of the matter; (b) the date an audit resolution is achieved for each annual S CAG OWP; or (c) December 31, 2026, whichever is later.
19. Monitoring and Audits
a. SCAG may monitor expenditures and activities of Sub-Recipient a s SCAG deems necessary to ensure compliance with the MOU, the Statutes, the REAP 2.0 Guid e l i n e s a n d t h e P r o g r a m Guidelines.
b. At any time during the term of this MOU, SCAG, HCD, the Califor nia Department of General Services, the California Bureau of State Audits, or their desig nated representatives may perform or cause to be performed a financial audit of any and all phase s of the Project. At their request, Sub-Recipient shall provide, at its own expense, a financial au dit prepared by an independent certified public accountant.
c. Sub-Recipient agrees that SCAG, H CD, 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 relat ed 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.
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d. Sub-Recipient agrees to permit SCAG, HCD, the California Depart ment 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 mate rial that may be relevant to a matter under investigation for the purpose of determining compliance with this MOU, the Statutes, the REAP 2.0 Guidelines, or applicable state and federal laws, rules, and regulations.
e. If there are audit findings fro m SCAG or HCD’s audit, Sub-Recip ient must submit a detailed response acceptable to SCAG or HCD for each audit finding withi n 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 smal l business participation, then Sub-Recipient must within 60 days of receiving final payment un der this MOU (or within such other time period as may be specified elsewhere in this MOU) re port 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 receiv ed 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 perc entage of DVBE participation t hat was achieved. A person or entity that knowingly provides fa lse information shall be subje ct 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 loc al 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 employmen t, be denied Project benefits, or be subjected to discrimination based on race, reli gious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gende r identity, gender expression , age, sexual orientation, or military and veteran status, under the Project or any program or activity funded by this MOU, as required by Title VI of the Civil Rights Act of 1964, the Fa ir 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 regulat ions and guidelines issued pursuant to the ADA, and the Age Discrimination Act of 1975 an d all implementing Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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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 Empl oyment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs. tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulatio ns or standards adopted by HCD to implement such article.
iii. Sub-Recipient shall permit access by representatives of the Dep artment 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 it s books, records, accounts, and all other sources of information and its facilities as the Depa rtment 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 unde r this Section to labor organizations with which they have a collective bargaining or other agreement.
v. Sub-Recipient shall adopt and implement affirmative processes a nd procedures that provide information, outreach, and prom otion of opportunities in the Pr oject to encourage participation of all persons regardless of race, color, nationa l origin, sex, re ligion, 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 an d 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 Contrac t Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by th is subdivision shall specify th at the cartridges so comply (Pub.
Contract Code § 12205).
d. Anti-Trust Claims. Sub-Recipient, by signing this MOU, hereby c ertifies that if these services or goods are obtained by means of a c ompetitive bid, the Sub-Recip ient 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 sup port obligations and shall fully comply with all applicable state and federal laws relatin g to child and family support enforcement, including, but not limited to, disclosure of infor mation 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
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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 e mployees to the New Hire Registry maintained by the California Employment Development Department.
f. Priority Hiring Considerations. If this MOU includes services i n excess of $200,000, the Sub- Recipient shall give priority consideration in filling vacancies in positions funded by the MOU to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
g. Loss Leader. If this MOU involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC § 10344(e).)
22. Public Works and Construction
Without limiting the generality of Section 21.a., Sub-Recipient agrees to ensure compliance and ensure any recipients of funds administe red by Sub-Recipient comply wi th 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 Project 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 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. Sub-Recipient may not work on a public works project without a current and active DIR registration.
iv. In the event that Sub-Recipient engages in the performance of a public work under this MOU as defined by Labor Code Section 1770 et seq., Sub-Recipient 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 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 a s a p u b l i c w o r k w i t h i n t h e meaning of California Labor Code Section 1720 shall require Sub-Recipient to comply with the provisions of California Labor Code Sections 1775 et seq . Sub-Recipient agrees to ensure Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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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.
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 Project shall be administere d and managed by Sub-Recipient.
Sub-Recipient shall prepare or have prepared a detailed schedul e of performance for the Project, 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 p erformance bonds naming the Su b-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 Project, including those necessary to perform design, construction, operation and maintenance, and to comply with all California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) requirements applicable to the Project. Sub-Recipient shall pay all charges and fees and give all notices necessary or incidental to the Project.
e. Sub-Recipient shall prepare, or have prepared, all plans, specifications and estimates for the Project and ensure that the Project adheres to the accessibility requirements set forth in California Building Code, Chapter 11A and 11B and the Americans with Disabilities Act, Title II. In addition, projects or Programs shall adhere to either the Uniform Federal Accessibility Standards, 24 Code of Federal Regulations (CFR) Part 8, or U.S. Department of Housing and Urb an Development’s (HUD) modified version of the 2010 A merican with Disabilities Act Sta ndards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR, Section
8.26. f. Sub-Recipient shall conduct all necessary due diligence for the Project, including but not limited to performing necessary environmental assessments/review of enviro nmental hazard reports, conducting engineer/geotechnical review, commissioning title reports to identify and evaluate the condition of title and encumbrance s on the subject property, in cluding but not limited to any covenants conditions and restrictions, 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.
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h. Sub-Recipient shall comply with the procedure set forth in Public Contracts Code Section 9204 for processing contractor claims, paying undisputed amounts, and re quiring mediation of disputed amounts.
i. Sub-Recipient shall be responsible for ensuring ongoing maintenance of the Project after completion.
SCAG shall not be responsible for ongoing maintenance of the Project after completion.
23. Conflict of Interest
The Parties shall comply with all applicable Federal and State conflict of interest laws, regulations, and policies.
24. Independent Contractor
Sub-Recipient shall be independent contractors in the performan ce 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
a. Subject to any provisions of law , including but not limited to the California Public Records Act, any Work Product or materials d eemed confidential by either Par ty shall be held confidential by the receiving Party who shall safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure as the rece iving Party treats its confidential information, but in no case less than reasonable care. Nothing furnished to either Party which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential.
b. Sub-Recipient shall not release any information or Work Product s 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 with out the prior written authorization of SCAG, except as provided under this MOU or as required by law (including, without limitation, pursuant to the California Public Records Act).
c. All public-facing communications mat erials relating to this MOU , or its subject matter, shall acknowledge SCAG. Communications m aterials include, but are not limited to, site signage, printed information materials, print and online publications, w ebsites, advertisements, video, public service announcements, social media postings, events, media advisories, news releases, and all other related materials.
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d. To ensure consistency of public i nformation about SCAG programs and funded work products, Sub-Recipient is required to not ify and coordinate with SCAG Pr oject Manager who will coordinate with SCAG’s Manager of Media & Public Affairs or a specified designee on any media inquiries or plans for proactively providing information to media outlets.
e. All communication materials must be provided to SCAG Project Manager prior to completion so that inclusion of this element can be confirmed.
27. Non-Exclusivity
Nothing herein is intended nor shall be construed as creating an exclusive arrangement between SCAG and Sub-Recipient. This MOU shall not restrict SCAG from acquir ing similar, equal or like services from other entities or sources.
28. Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.
29. Survival
The following sections survive expiration or termination of this MOU:
Section 5 (Funding)
Section 10 (Work Products)
Section 12 (Notices)
Section 13 (Insurance)
Section 14 (Indemnification)
Section 15 (Disputes)
Section 18 (Records Retention)
Section 19 (Monitoring and Audits)
Section 21 (Compliance with Laws, Rules, and Regulations) Section 22 (Public Works and Construction)
Section 23 (Conflict of Interest)
Section 26 (Release of Information)
Section 31 (Jurisdiction and Venue)
Section 32 (Waiver)
30. Flow-Down Provisions
Reserved
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 t he provisions in Section 15, the Parties Docusign Envelope ID: 0C99AD68-A335-430F-8413-11798F3F8E68 In Process
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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 a ny 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 vali d 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 shall perform the work required for the Project u nder 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 formi ng 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 contai ns the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties with respect to the matters set forth herein.
36. Execution
This MOU, or any amendments relat ed thereto, may be executed in multiple c ounterparts, 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 execute d by way of a manual or authorized digital signature. Delivery of an executed counterpa rt 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.
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38. Authority
Sub-Recipient warrants and certifies that it possesses the lega l authority to execute this MOU and to undertake the Project, and, if appl icable, that a resolution, m otion, or similar action has been fully adopted or passed, as an official act of Sub-Recipient's govern ing body, authorizing receipt of the Grant Funds, and directing and designating the authorized representative(s) of Sub-Recipient to act in connection with the Project and to provide such additional information as may be required by SCAG.
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SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
NO. M-014-25
IN WITNESS WHEREOF, the Parties have caused this Memorandum of Understanding to be executed by their duly authorized representatives as of the dates indicated below:
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”)
By: _______________________________________________ ___________ ______ Cindy Giraldo Date
Chief Financial Officer
APPROVED AS TO FORM:
By: _______________________________________________ ___________ ______ Richard Lam Date
Senior Deputy Legal Counsel
City of Murrieta (“Sub-Recipient”)
By: _______________________________________________ ___________ ______ Justin Clifton
Date
City Manager
APPROVED AS TO FORM:
By: _______________________________________________ ___________ ______ Tiffany J. Israel
Date
City Attorney
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Exhibit A – Scope of Work
Project Name: Murrieta Housing Authority Revolving Loan Program Project Description: The project will establish a revolving loan fund program with the Murrieta Housing Authority (MHA) to provide a new local funding program for affordable housing. The Loan Program will provide low‐interest financing to better position affordable housing projects in infill areas in the City of Murrieta to be fully funded and financially viable to construct. The city will develop a public engagement strategy, lending program and long‐term strategy, which are not funded by the REAP 2.0 grant program.
REAP 2.0 funding shall only be used in the loan program that is developed to issue loans to affordable housing development projects.
Final Deliverable:
Draft NOFA materials
Released NOFA materials
Summary of applications, evaluation, and awards issued Updated Guidelines and Underwriting Criteria with City Council Approval Selection of additional award recipients
Project metrics
Project Budget: $4,100,000.00
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Exhibit B – Scope of Work Approval Form
Regional Early Action Planning Grants of 2021 (REAP 2.0) [Full name of program]
Scope of Work Approval Form - Project Summary
1 Subrecipient: [Grantee Name]
Project #1: [Project Name]
☒ Original Scope of Work Approval
☐ Revision Requested to Add, Remove, or Change Project Manager ☐ Revision Requested to Project Tasks (Please check all that apply) ☐ Revise/Delete a Previously Approved Task ☐ Revise Task Budget ☐ Change Project/Task Date ☐ Change in Deliverable (Interim) ☐Other (Please describe)
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
Costs
Consultant
Costs
Total
Costs
Begin
Date
End
Date
Deliverables
1.0 Project
Administration
2.0 Project
Management
3.0 [task name]
Total Project
Cost
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Exhibit B – Scope of Work Approval Form
Regional Early Action Planning Grants of 2021 (REAP 2.0) [Full name of 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
Costs
Consultan
t Costs
Total
Costs
Begin
Date
End
Date
Deliverables
Total Project
Cost
Route all budget changes to Accounting and B&G.
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Exhibit B – Scope of Work Approval Form
Regional Early Action Planning Grants of 2021 (REAP 2.0) [Full name of program]
Scope of Work Approval Form - Project Summary
3 Signatures below to approve revisions also indicate approval of any modifications to subsequent pages.
Revision Approval Requested By: Revision Approved By:
Project Manager SCAG Department Manager
Name / Title Name / Title
_____________________________________ ______________________________________ Signature Date Signature Date
Revision Approved By:
SCAG Deputy Director or Authorized Designee
Name / Title
________________________________________
Signature Date
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Exhibit B – Scope of Work Approval Form
Regional Early Action Planning Grants of 2021 (REAP 2.0) [Full name of program]
Scope of Work Approval Form - Project Summary
4 Project Metrics
Each REAP 2.0 project requires metrics to quantitatively measure the project’s outcome. Project metrics selected on this form will be included in the REAP 2.0 SRP2 quarterly progress reporting form. Please select all metrics that will apply to your approved projects:
1. Sample
☐ Sample
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Exhibit B – Scope of Work Approval Form
Regional Early Action Planning Grants of 2021 (REAP 2.0) [Full name of program]
Scope of Work Approval Form - Project Summary
5 1 [name of grantee: project name]
_____ (Insert Number of) Procurements Expected for this Project
Brief Description of Project: (Pulled from project application)
Revision Summary:
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Exhibit B – Scope of Work Approval Form
Regional Early Action Planning Grants of 2021 (REAP 2.0) [Full name of program]
Scope of Work Approval Form - Project Summary
6 Signatures on this page indicate approval of the initial Scope of Work Approval Form in its entirety. Revisions do not require new signatures in this section.
Initial SAF Approved By: Initial SAF Approved By: SRP2 Project Manager SCAG Department Manager
Name / Title Name / Title
_____________________________________ ______________________________________ Signature Date Signature Date
Initial SAF Approved By:
SCAG Deputy Director or Authorized Designee
Name / Title
________________________________________
Signature Date
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Exhibit C
Invoice Submittal Requirements
SCAG will provide the Sub-Recipient an Invoice Template in Excel file format. The Invoice Template must be used to request reimbursement from SCAG. Detailed submittal instructions for filling out and submitting are provided in the Invoice Template . The Invoice Template may be amended from time to time and does not guarantee that any invoi ces will be approved or that the Sub-Recipient will receive payment. The Invoice Template will require information and supporting documentation such as, but not limited to:
a. SCAG’s “Bill To” information as stated in the above paragraph “b.” of this section; b. Invoice number specified by the Sub-Recipient. The invoice number must be unique for each invoice submitted;
c. Invoice date;
d. Billing period specified with beginning and ending dates. The beginning date must not be sooner than the MOU Effective Date of the Agreement, or within any previous billing dates;
e. Total amount due for the billing period;
f. MOU Number, SCAG Project/OWP Number, and the MOU Term Date; g. Project Title;
h. Agency Name, Agency Project Manager Name, and Project Manager Email Address; and i. SCAG Project Manager Name.
j. Progress report
k. Cost by task and/or cost category
l. Detailed description of Other Direct Charges
m. Proof of payment
n. Timesheets
o. Payroll report/Payroll registers
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Exhibit D – Sub-Recipient Report Template
PENDING GUIDANCE FROM HCD
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