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Exhibit B — Flow -Down Provisions <br />Cooperative Agreement No. C-3-3087 <br />3. Scope of Work and Sub -Recipient's Responsibilities <br />c. Sub -Recipient must demonstrate a clear and significant nexus to all the REAP 2.0 Goals and <br />Objectives, as described in Section 9 of this MOU, and must carry out the Projects to meet the <br />REAP 2.0 Goals and Objectives. Any lack of action or action inconsistent with REAP 2.0 <br />Goals and Objectives may result in review and could be subject to modification of funding, <br />termination of this MOU, and repayment of the Grant Funds. <br />e. As a recipient of federal and state funds, SCAG has the responsibility for ensuring that its <br />procurement process complies with all applicable federal, state and funding requirements. For <br />all agreements entered into containing funds provided under this MOU or to perform work <br />under this MOU, Sub -Recipient shall procure in compliance with all applicable federal, state, <br />and local laws and regulations. <br />f. The term "Consultant(s)" shall hereinafter refer to all entities that Sub -Recipient procures, <br />manages, or otherwise enters into contracts or agreements with, in furtherance of the Projects <br />or this MOU regardless of the timing, nature of service/work provided or type of organization, <br />including but not limited to government entities, political subdivisions, subrecipients, <br />consultants, contractors, service providers, suppliers, independent contractors, professionals, <br />managers, architects, engineers, and subcontractors. <br />g. Upon request, Sub -Recipient shall provide information to the SCAG Project Manager <br />regarding any existing solicitation including but not limited to Requests for Proposals, <br />Invitation for Bids, Request for Qualifications, and Requests for Quotation (collectively <br />"RFP"). For new RFPs developed or finalized after the Effective Date of this MOU, Sub - <br />Recipient shall provide information to the SCAG Project Manager and obtain SCAG Project <br />Manager's written approval on any final RFP prior to its issuance. SCAG may require <br />documentation of RFPs and Notices to Proceed before approval of invoice reimbursement. <br />k. Any and all notices, reports, or other communications required by this MOU, including but not <br />limited to invoices, accounting reports, supporting documentation, and monitoring reports, <br />shall be submitted under the penalty of perjury. <br />5. Funding <br />e. Any costs for which Sub -Recipient receives reimbursement or credit that is determined by a <br />subsequent audit or other review by either SCAG, HCD, other State authorities or federal <br />cognizant agency to be ineligible or otherwise unallowable, are to be repaid by Sub -Recipient <br />within thirty (30) calendar days of Sub -Recipient receiving notice or a written demand for <br />reimbursement from SCAG. Such repayment may include interest, penalties or related fees, as <br />determined by HCD or other State authorities. Should Sub -Recipient fail to reimburse <br />unallowable costs due to SCAG within thirty (30) calendar days of demand, or within such <br />other period as may be agreed between both parties hereto, SCAG is authorized to withhold <br />and/or off -set future payments to Sub -Recipient. <br />2 1 Page <br />