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Item No. 04 WRCOG Grand Fund Disbursement
Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-887 Agenda Date: 11/27/2018 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council / Successor Agency Agenda Number: 4) Page 1 City of Lake Elsinore Printed on 11/20/2018 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Johnathan O. Skinner, Director of Community Services Date:November 27, 2018 Subject:Western Riverside Council of Governments (WRCOG) Beyond Grant Fund Disbursement Recommendation Authorize the execution of Amendment No. 1 to the Beyond Framework Agreement-Healthy LE Program; and, authorize the execution of the Beyond Framework Agreement-Homeless Street Outreach; and, appropriate $28,496.00 to the Community Support - Advertising and Promotions Fund, transferring from the WRCOG funds located in the Capital Improvement Fund for the Fit Trails. Background The City of Lake Elsinore is one of the fastest growing California cities with 2% annual growth. In 2014, the City approved a Resolution to improve the health of the City’s residents and in 2016 began the Healthy LE program that promoted healthy activities throughout the City. In 2017, the City of Lake Elsinore applied for the WRCOG Beyond Funding Program to design and install Fitness Trails throughout Lake Elsinore. The City received $79,459.24 to complete the project. The City was successful and began the implementation in the Spring of 2018, with a projected completion date of November 2018. As the Fit Trails were being installed, staff reevaluated park locations for implementation: Original Park Installation Revised Park Installation* Lakepoint Park Lakepoint Park Canyon Hills Park Canyon Hills Park Elm Grove Beach The Levee* Rosetta Canyon Sports Park Alberhill Park* Staff received approval from WRCOG to install at the newly selected facilities. The original Agreement (7-25-08-03, Exhibit A) required an Amendment (Exhibit B), which did not change the allocated fund amount. Purchases of Fitness equipment were made through Community Services Western Riverside Council of Governments (WRCOG) Beyond Grand Fund Disbursement November 27, 2018 Page 2 and installation was conducted by Public Works with all the approved Fitness Trails installed before the November 2018 deadline and completed substantially under budget. Discussion As the Fit Trail Project was completed with a surplus of allocated funds (approximately $29,459.24), the City reviewed other opportunities to utilize the funds that would also benefit the community. In 2017, the City has created “The Homeless Task Force”, an organization of City representative, community groups and individuals, with a focus of providing the homeless with a hand up and transition from living on the streets and into programs that will help in the future. One participating organization, Social Work Action Group (SWAG) has partnered with the Task Force and has been successful in moving individuals towards this goal. The agreement with the City expired in September 2018. The City believes this partnership is important to maintaining the connection with services to help those ready to help themselves. In September 2018, staff approached WRCOG regarding the retention of SWAG to continue their work in the City from October 1, 2018, through March 2019 with unused funds from the Fit Trail Program, which will total $28,496.00. As the City successfully completed the Fit Trail and WRCOG recognized the need to service the community. In November 2018, WRCOG. SWAG and City staff collaborated in the development of an Agreement to fund Homeless Street Outreach through the approved funds by reallocating the approved Fit Trail Funds. The funding would begin starting October 1, 2018, and run through March 2019. The reporting for reimbursement would be the same as the Fit Trail Project, submitting invoices for payment. WRCOG is in support of the programming beginning prior to Council approval of the Homeless Street Outreach Project (Exhibit C). Fiscal Impact Staff is requesting an additional appropriation of $28,496 in the General Fund Community Services Account; which will be offset by the grant funds received from WRCOG and currently allocated in the Capital Improvement Fund. Exhibits Exhibit A – Beyond Framework Agreement – Healthy LE Program Amendment No. 1 Exhibit B – Beyond Framework Agreement – Homeless Street Outreach Exhibit C - Beyond Framework Agreement – Healthy LE Program Original 20323.00043\30829894. 2 1 AMENDMENT NO. 1 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYONE CORE PROGRAM CATEGORY HEALTHY LE PROGRAM 1.PARTIES AND DATE. This Agreement is made and entered into effective as of ___________________, 2018, by and between the Western Riverside Council of Governments, a California joint powers authority (“WRCOG”) and the City of Lake Elsinore (“AGENCY”). WRCOG and AGENCY are sometimes individually referred to as “Party” and collectively as “Parties.” 2.RECITALS. 2.1 WRCOG and AGENCY have entered into that certain BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY FIT-TRAILS EQUIPMENT PROJECT Agreement dated July 26, 2017 (“Master Agreement”). 2.2 WRCOG and AGENCY now desire to enter into this FirstAmendment to the Master Agreement for the purpose of amending the Scope of Work as set forth in the Master Agreement. 3.TERMS. 3.1 Scope of Work. The Scope of Work, as defined in the Master Agreement, is hereby amended to be the Scope of Work described in Exhibit "B" attached to this First Amendment and incorporated herein by reference. 3.3 Continuation of Existing Provisions. Except as amended by this First Amendment, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment. 3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute one instrument. [SIGNATURES ON FOLLOWING PAGE] 20323.00043\30829894. 2 2 IN WITNESS WHEREOF, the Parties hereby have made and executed this Amendment effective as of the date first written above. WESTERN RIVERSIDE COUNCIL CITY OF LAKE ELSINORE OF GOVERNMENTS By:______________________________By:______________________________ Rick Bishop Executive Director Name: _____________________________ Title:______________________________ Attest: ____________________________ City Clerk APPROVED AS TO FORM:APPROVED AS TO FORM: By:______________________________By: ______________________________ General Counsel Best Best & Krieger LLP Title:______________________________ 20323.00043\30829894.2 Exhibit "B" SCOPE OF WORK Scope of Work TaskDescriptionDeliverables1.1Kick-off MeetingHost project kick-off meeting to discuss proposed project with project teamKick-off Meeting1.2Conceptual Site PlansDevelop conceptual site plans for each of the proposed project sitesConceptual Site Plans1.3Schematic DesignsDevelop schematic designs for each of the proposed project sitesSchematic Designs2.1Levee TrailComplete engineering design of equipment layout and foundations at Levee TrailDetailed Plan2.2Lakepoint ParkComplete engineering design of equipment layout and foundations at Lakepoint ParkDetailed Plan2.3Elm Grove BeachComplete engineering design of equipment layout and foundations at Elm Grove BeachDetailed Plan2.4Canyon Hills Community ParkComplete engineering design of equipment layout and foundations at Canyon Hills Community ParkDetailed Plan3.1Levee TrailPrepare equipment sites and construct foundations for equipment at Levee TrailFoundations3.2Lakepoint ParkPrepare equipment sites and construct foundations for equipment at Lakepoint ParkFoundations3.3Elm Grove BeachPrepare equipment sites and construct foundations for equipment at Elm Grove BeachFoundations3.4Canyon Hills Community ParkPrepare equipment sites and construct foundations for equipment at Canyon Hills Community ParkFoundations4.1Levee TrailInstall Fit-Trail Equipment at Levee TrailEquipment Installation4.2Lakepoint ParkInstall Fit-Trail Equipment at Lakepoint ParkEquipment Installation4.3Elm Grove BeachInstall Fit-Trail Equipment at Elm Grove BeachEquipment Installation4.4Canyon Hills Community ParkInstall Fit-Trail Equipment at Canyon Hills Community ParkEquipment Installation5.1Levee TrailRoutinely maintain equipment and ensure equipment is operating properly at Levee TrailMaintenance5.2Lakepoint ParkRoutinely maintain equipment and ensure equipment is operating properly at Lakepoint ParkMaintenance5.3Elm Grove BeachRoutinely maintain equipment and ensure equipment is operating properly at Elm Grove BeachMaintenance5.4Canyon Hills Community ParkRoutinely maintain equipment and ensure equipment is operating properly at Canyon Hills Community ParkMaintenance6.1Levee TrailMonitor equipment and draft report of usage at Levee TrailMonitoring Report6.2Lakepoint ParkMonitor equipment and draft report of usage at Lakepoint ParkMonitoring Report6.3Elm Grove BeachMonitor equipment and draft report of usage at Elm Grove BeachMonitoring Report6.4Canyon Hills Community ParkMonitor equipment and draft report of usage at Canyon Hills Community ParkMonitoring ReportTask 6: Monitor Equipment UsageTask 4: Install EquipmentTask 5: Maintain EquipmentFit-TrailsScope of WorkTask 1: Project Kick-off and ConceptsTask 2: Engineering PlansTask 3: Site Prep and Foundations 20323.00043\30829894.2 Timeline Project TitleMay-17Jun-17Jul-17Aug-17Sep-17Oct-17Nov-17Dec-17Jan-18Feb-18Mar-18Apr-18May-18Jun-18Jul-18Aug-18Sep-18Oct-18Nov-1811.1Kick-off Meeting1.2Conceptual Site Plans1.3Schematic Designs22.1Levee Trail2.2Lakepoint Park2.3Elm Grove Beach2.4Canyon Hills Community Park33.1Levee Trail3.2Lakepoint Park3.3Elm Grove Beach3.4Canyon Hills Community Park44.1Levee Trail4.2Lakepoint Park4.3Elm Grove Beach4.4Canyon Hills Community Park55.1Levee Trail5.2Lakepoint Park5.3Elm Grove Beach5.4Canyon Hills Community Park66.1Levee Trail6.2Lakepoint Park6.3Elm Grove Beach6.4ParkMaintain EquipmentTask NumberTask TitleFit-TrailsPROJECT TIMELINEMonitor Equipment UsageProject Kick-off and ConceptsEngineering DesignsSite Prep and FoundationsInstall Eqiupment 20323.00043\30829894.2 Budget HoursAmountHoursAmountHoursAmountHoursAmountHoursAmountHoursAmountHoursAmountStaff Time Expenses (examples below):Agency Project Manager$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.00Agency Staff$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.00Add additional as needed$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.00Subtotal - Direct Labor Classification(s):0.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.00Overhead (must not exceed 25% of total amount funded):%Overhead 0.00%$0.00$0.00$0.00$0.00$0.00$0.00$0.00Subtotal - Overhead:$0.00$0.00$0.00$0.00$0.00$0.00$0.00Other Direct Costs (ODCs)(examples below):Travel$0.00$0.00$0.00$0.00$0.00$0.00$0.00Printing$0.00$0.00$0.00$0.00$0.00$0.00$0.00Social Media$0.00$0.00$0.00$0.00$0.00$0.00$0.00Programming Activities$0.00$0.00$0.00$0.00$0.00$0.00$0.00Project Materials$0.00$0.00$0.00$30,000.00$0.00$0.00$30,000.00Subtotal - ODCs:$0.00$0.00$0.00$30,000.00$0.00$0.00$30,000.00Consultant(s)Lead consultant0.000.00$0.000.00$0.000.00$52,000.000.00$0.000.00$0.000.00$0.000.00$52,000.00Subconsultant0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.000.00$0.00Subtotal - Subconsultant(s):0.00$0.000.00$0.000.00$52,000.000.00$0.000.00$0.000.00$0.000.00$52,000.00Covered by WRCOG$50,959.26Covered by external $31,040.74GRAND TOTAL0.00$0.000.00$0.000.00$52,000.000.00$30,000.000.00$0.000.00$0.000.00$82,000.00Grand Total (All tasks)Project Kick-off and ConceptsEngineering DesignsSite Prep and FoundationsMaintain EquipmentMonitor Equipment UsageTask 6Cost CategoriesMaximum Hourly Rate Install EquipmentTask 1Task 2Task 3Task 5Task 4 PROJECT #: 17-25-08-04 Page 1 of 18 20323.00005\24434070.4 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY Homeless Street Outreach THIS FUNDING AGREEMENT (“Agreement”) is entered into as of this __thday of ____, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and the City of Lake Elsinore (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”. RECITALS A.WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation (“BEYOND”). B.For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND (“Program Funds”). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round IIto each member agency are listed in Exhibit “A” attached hereto and incorporated herein by reference. C.WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG’s Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG’s Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG’s Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG’s Economic Development and Sustainability Framework. D.WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG’s Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Homesless Street Outreach, (the “Project”). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit “B” attached hereto and incorporated herein by reference (“Scope of Work”) and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG’s Economic Development and Sustainability Framework Goals set forth in Exhibit “C” attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed twenty-eight thousand four hundred and ninety-six dollars ($28,496.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds PROJECT #: 17-25-08-04 Page 2 of 18 20323.00005\24434070.4 in excess of the maximum allocation identified in Exhibit “A”. The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit “B”: (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG’s Economic Development and Sustainability Framework Goals. The AGENCY’s use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY’S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit “D” attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG’s Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “E”, attached hereto and incorporated herein by reference. c. Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. PROJECT #: 17-25-08-04 Page 3 of 18 20323.00005\24434070.4 6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG’s Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit “A”. No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8.N/A 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates the Agency Designee, or his or her designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of PROJECT #: 17-25-08-04 Page 4 of 18 20323.00005\24434070.4 the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys’ fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: PROJECT #: 17-25-08-04 Page 5 of 18 20323.00005\24434070.4 i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG’s Representative, provided that such approval shall be in the sole discretion of WRCOG’s Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. PROJECT #: 17-25-08-04 Page 6 of 18 20323.00005\24434070.4 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY:City of Lake Elsinore Attn: Grant Yates 130 South Main Street Lake Elsinore, CA 92530 Telephone: (951) 674-3124 Email: gyates@lake-elsinore.org If to WRCOG:Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration; Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such PROJECT #: 17-25-08-04 Page 7 of 18 20323.00005\24434070.4 personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] PROJECT #: 17-25-08-04 Page 8 of 18 20323.00005\24434070.4 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written. WESTERN RIVERSIDE COUNCIL City of Lake Elsinore OF GOVERNMENTS By:Date:By: Date: Rick Bishop Name Executive Director Title Approved to Form: By:Date: Steven C. DeBaun General Counsel PROJECT #: 17-25-08-04 Exhibit A Page 9 of 18 20323.00005\24434070.4 EXHIBIT “A” MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning $ 62,664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 Corona $ 150,868.24 Eastvale $ 94,576.24 Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 Perris $ 102,496.24 Riverside $ 190,877.49 San Jacinto $ 82,009.54 Temecula $ 126,736.24 Wildomar $ 67,648.34 County of Riverside $ 177,254.30 Eastern Municipal Water District $ 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 Morongo Band of Mission Indians $ 35,000.00 Total BEYOND Core Allocation $ 2,052,917.31 PROJECT #: 17-25-08-04 Exhibit A Page 10 of 18 20323.00005\24434070.4 Round II - BEYOND Team Lead Agency Project Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities)$ 79,000.00 Total $ 175,000.00 Round II - BEYOND Health Jurisdiction Allocation Banning $ 6,000.00 Calimesa $ 6,000.00 Corona $ 6,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley $ 6,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 PROJECT #: 17-25-08-04 Exhibit B Page 11 of 18 20323.00005\24434070.4 EXHIBIT “B” SCOPE OF WORK SCOPE OF WORK: PROJECT #: 17-25-08-04 Exhibit B Page 12 of 18 20323.00005\24434070.4 BUDGET: PROJECT #: 17-25-08-04 Exhibit B Page 13 of 18 20323.00005\24434070.4 TIMELINE: PROJECT #: 17-25-08-04 Exhibit C Page 14 of 18 20323.00005\24434070.4 EXHIBIT “C” ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED-1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED-2:Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED-3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K–12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3:Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region’s environment. Goal H-4:Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE-1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. PROJECT #: 17-25-08-04 Exhibit C Page 15 of 18 20323.00005\24434070.4 Goal EE-2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE-3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE-4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE-5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. PROJECT #: 17-25-08-04 Exhibit D Page 16 of 18 20323.00005\24434070.4 EXHIBIT “D” TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount:$ Make check out to: Contact Name: Title: Phone Number: Email Address: PROJECT #: 17-25-08-04 Exhibit E Page 17 of 18 20323.00005\24434070.4 Elements of Compensation EXHIBIT “E” PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG’s Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “E-1”. 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “E-2”. 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “E” and its attachment. 5. Charges for each task and milestone listed in Exhibit “B” shall be listed separately in the invoice. PROJECT #: 17-25-08-04 Exhibit E-1 Page 18 of 18 20323.00005\24434070.4 EXHIBIT “E-1” Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice #__ Enclosed for your review and payment approval is the AGENCY’s invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME]per Agreement No. ________ effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount:$0,000,000.00 Total Invoiced to Date:$0,000,000.00 Total Previously Invoiced:$0,000,000.00 Balance Remaining:$0,000,000.00 Amount due this Invoice:$0,000,000.00 =========== I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By:_____________________________ Name Title PROJECT #: 17-25-08-02 BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BEYOND CORE PROGRAM CATEGORY HEALTHY LE PROGRAM THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 1st day of May, 2017, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and the City of Lake Elsinore ("AGENCY"). WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, which encompasses the BEYOND Core, BEYOND Team, and BEYOND Health Program categories, an economic development and sustainability local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round II of BEYOND, which launched in Fiscal Year 2016/2017, WRCOG has allocated Two Million Three Hundred Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,302,917.31) for use by WRCOG member agencies through BEYOND ("Program Funds"). This funding includes Two Million Fifty Two Thousand Nine Hundred Seventeen Dollars and Thirty One Cents ($2,052,917.31) for BEYOND Core, One Hundred Seventy Five Thousand Dollars and No Cents ($175,000.00) for BEYOND Team, and Seventy Five Thousand Dollars and No Cents ($75,000.00) for BEYOND Health. Funding allocations for Round II to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a match for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. All projects funded by the BEYOND Health category must, at a minimum, be consistent with the Health Goal Area outlined in WRCOG's Economic Development and Sustainability Framework. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project. This Agreement is intended to distribute Program Funds to the AGENCY for Healthy LE Program, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit `B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed Nine Thousand Five Hundred Dollars and No Cents ($9,500.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess Page 1 of 20 20323 00005\24434070 4 PROJECT #: 17-25-08-02 of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round II, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit `B": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Project Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. b. Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. c. Funding Amount/Adiustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding, The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved Page 2 of 20 20323.00005\24434070 4 PROJECT #: 17-25-08-02 by WRCOG's Executive Director. In no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round II exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Lake Elsinore Fit Trails ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit `B" containing the scope of work for the Alternative Project.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until December 15, 2018, (the project must be completed by November 15, 2018, unless approved as a multi-year project), unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates the City of Lake Elsinore, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, Page 3 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages. The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et SeMc ., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et SeMc . 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indemnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance Page 4 of 20 20323.00005\24434070A PROJECT #: 17-25-08-02 shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and iii. Contain standard separation of insured provisions. b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties. WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Page 5 of 20 20323.00005\24434070 4 PROJECT #: 17-25-08-02 23. Governing_Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Lake Elsinore Attn: Grant Yates 130 South Main Street Lake Elsinore, Ca 92530 Telephone: (951) 674-3124 Email: gyates@Lake-Elsinore.org If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30. Integration: Amendment. This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. Page 6 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 7 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS By:r&�—Date: 7 -17 Rick Bishop Executive Director proved, o By: Date: l —7 1 S ee . DeBaun en Counsel 20323.00005\24434070.4 CITY OF LAKE ELSINORE By: Date: 64G//7 Grant 'ates Page 8 of 20 City Manager INTENTIONALLY LEFT BLANK Exhibit E-1 Page 9 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 PROJECT #: 17-25-08-02 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round II - BEYOND Core Jurisdiction Allocation Banning $ 62,664.24 Calimesa $ 35,000.00 Canyon Lake $ 39,488.29 Corona $ 150,868.24 Eastvale $ 94,576.24 Hemet $ 107,257.24 Jurupa Valley $ 120,837.49 Lake Elsinore $ 92,959.24 Menifee $ 113,957.74 Moreno Valley $ 161,049.24 Murrieta $ 129,101.74 Norco $ 58,135.54 Perris $ 102,496.24 Riverside $ 190,877.49 San Jacinto $ 82,009.54 Temecula $ 126,736.24 Wildomar $ 67,648.34 County of Riverside $ 177,254.30 Eastern Municipal Water District $ 35,000.00 Western Municipal Water District $ 35,000.00 Riverside County Superintendent of Schools $ 35,000.00 Morongo Band of Mission Indians $ 35,000.00 Total BEYOND Core Allocation $ 2,052,917.31 Exhibit A Page 10 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 Round H - BEYOND Team Lead Agency Project 6,000.00 Allocation Perris HealthyCommunity50 $ 17,000.00 Riverside Western Riverside Homeless Collaborative $ 79,000.00 Temecula Regional Homeless Alliance (Southwest Cities) $ 79,000.00 Total 6,000.00 $ 175,000.00 Round H - BEYOND Health Jurisdiction Allocation Banning $ 6,000.00 Calimesa $ 6,000.00 Corona $ 6,000.00 Jurupa Valley $ 6,000.00 Lake Elsinore $ 6,000.00 Menifee $ 6,000.00 Moreno Valley $ 6,000.00 Murrieta $ 6,000.00 Norco $ 6,000.00 Perris $ 6,000.00 Riverside $ 3,750.00 San Jacinto $ 3,750.00 County of Riverside $ 3,750.00 Eastern Municipal Water District $ 3,750.00 Total BEYOND Core Allocation $ 75,000.00 Exhibit A Page 11 of 20 20323.00005\24434070.4 EXHIBIT "B" SCOPE OF WORK SCOPE OF WORK: PROJECT #: 17-25-08-02 Task Description I Deliverables Task 1: Graduate Student Intern 1.1 Graduate Hire graduate student intern to assist with implementation Hire Graduate Student Student Intern and further development of the Healthy LE Program in Intern executing Tasks 2 through 7 below. Task 2: Monthly Events 2.1 Conceptualize Develop unique monthly event ideas that engage new Events Calendar Monthly Events attendees through various types of events (i.e. bicycle events, holistic wellness, running events, foodie events, etc.). 2.2 Event Prep Coordinate logistics of event prep with partner Itineraries, organizations (i.e. date/time, staffing, vendors, supplies, Staffing, Confirmations, advertising materials, etc.) Vendor Apps, Supplies, and Incentives 2.3 Day of Event Execute events as planned Community Events_ Coordination Task 3: Quarterly Challenges 3.1 Conceptualize Develop unique community challenges with local partner Challenges Calendar Challenges organizations that engage the community through social media, events, and include incentives. 3.2 Challenge Prep Coordinate logistics of challenges with partner Details organizations (i.e. dates, submission requirements, etc.) Incentives and prepare marketing materials 3.3 Challenge Implement marketing materials, logging of challenge Implement Challenge Execution participants, and announcement of winner(s) Task 4: Social Media Campaign 4.1 Conceptualize Develop a variety of health related weekly social media Social Media Video Weekly Videos video ideas Calendar 4.2 Prepare Videos Prepare weekly 1-3 minute videos and marketing materials Videos 4.3 Post Videos Post videos with synopsis on all City social media pages Video Posts 4.4 Respond to Respond to comments and questions posed by community Comment Responses Comments members Task 5: Healthy LE Collaborative 5.1 Meeting Prep Prepare agenda, presentation, workgroup tasks, and Materials/Supplies coordinate with guest community partner for each meeting 5.2 Meeting Follow- Prepare follow-up notes, post meeting workgroup Notes up coordination, etc. Follow-up exercises Task 6: Healthy LE Endorsement Program 6.1 Conceptual Develop conceptual framework of Endorsement Program Concept Framework Design of including goals and objectives Endorsement Program 6.2 Establish Develop criteria for each type of entity for the Endorsement Criteria Criteria Program 6.3 Establish Develop application review process and materials Application Review Application Process Process 6.4 Review the Healthy LE Collaborative and City staff committee reviews Healthy LE Endorsement the Endorsement Program Collaborative Meeting Program 6.5 Launch Develop marketing materials and launch the program on Marketing Materials Program website and social media and develop and implement and Incentives incentive opportunities Exhibit B Page 12 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 BUDGET: Exhibit B Page 13 of 20 20323.00005\24434070.4 c am 8 �D to O m -1 c O �� to 3 g a • m i IDRE �C $ 0 3 a °0 w _ �ocm a� Q o m w o m m — �ca og a =� 3 ° W ° S a 3 OO O � �1�X 88 8 3 $ 0 0 0 $ o S 8 8ca n �' W O! ° 'f 0 0 pp O pp O 1-81 1-81-81 p O O c CL ^ 3 08 8$ 8 81 18 181 T O GG G O O S p p S p 88 8 Ep N n < " O O O 8 O O O O O C Fa O S 8 8 S 8 8 S 8 S 8 9 i Z O O O S O 8 p 88 p p 8 m B (D w. 1-8 I8 8$ 1111-8 S 8 S 8 0 oa o S p p S o 0 to 88 $ A 3 m m B m n W A' rlota $8 88 $ 88 S 8 S 8 0 0 0 n O 88 p 8 p 0 S p 0 O x m NN C cn m b 88 �p 0 0 0 III 0 O O O 0 a O 10, 0 0 0 0 m 00 00 8 8 g oom m `� n 33� o)i CD 0 0 0 0 0 o i� o o °m $$ 88 S 88 S 8 S 81 1- L .b. $ o A S = O 0 $ 8A 8 D 8 S - y q �J r p c .. w O L S 8 O S 8 8 S 8 8 S 8 S 8 Exhibit B Page 13 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 TIMELINE: 0) m O) (T 0) A 0) W 0) N Q> (Jl IV CT A A A N A A W CJ W W W N W N IV N N C N A W IV ad=_� 7 C1 (D Q Q fD _ j O < G Gl 0 fD N �� = CD m (OD '5 so 0— N (D C �. Qp S co W -O to co = fD -5 co U3 (D �'I V N o a D oc�i r o '� g o G v 3 m rn m m y co off- m0'a Aa rn r A� A� rn �v, ya 3 m M. 0 r c O �' `2 O' c_ v n: m C n 0 (3 CR= aa m m m S' s N © o S = �►+ .. 3� O v, �� a iw CD g ,�� m 3 3 0 to 3 Ot y y 0 V m N m 3 os V V r m � V O CI V <D .tea V O V V N O L V P z 0o N m co W co A co to eo os a 00 Go co co m co 0 S 0o J co Exhibit B Page 14 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate from college, and who achieve technical degrees that are in demand in Western Riverside County. Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K—l2 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal H-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address. regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mbbility for pedestrians, transit users, and bicyclists. Goal T3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse on water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GHG emissions. Exhibit C Page 15 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and programs to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Page 16 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 EXHIBIT "D" TEMPLATE INVOICE Member Agency Address City, State, Zip Code Invoice #: Date: Bill to: Western Riverside Council of Governments Attn: Ernie Reyna, Chief Financial Officer Purpose of Invoice: Beyond Initiative Expenses: List cost categories and itemizations here: Total Invoice Amount: $ Make check out to: Contact Name: Title: Phone Number: Email Address: Exhibit D Page 17 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least once, after the completion of the Project, by no later than December 15, 2018, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-2". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit `B" shall be listed separately in the invoice. Exhibit E Page 18 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02 EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for your review and payment approval is the AGENCY's invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Day/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Y Total Authorized Agreement Amount: Total Invoiced to Date: Total Previously Invoiced: Balance Remaining: Amount due this Invoice: to Month/Date/Year . $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. Name Title Exhibit E-1 Page 19 of 20 20323.00005\24434070.4 INTENTIONALLY LEFT BLANK Exhibit E-1 Page 20 of 20 20323.00005\24434070.4 PROJECT #: 17-25-08-02