ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-3-3087)

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Exhibit B — Flow -Down Provisions Cooperative Agreement No. C-3-3087 REAP 2.0 Goals ("Goals") are to invest in housing, planning, and infill housing -supportive infrastructure across the entire state in a manner that reduces Vehicle Miles Traveled ("VMT"), increases housing affordability, and advances equity. More detailed information on the Goals can be found in Section 201 of the REAP 2.0 Notice of Funding Availability ("NOFA") and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full. ii. REAP 2.0 Objectives ("Objectives") include: (1) accelerating infill development that facilitates housing supply, choice, and affordability; (2) affirmatively furthering fair housing; (3) reducing vehicle miles traveled. More detailed information on the Objectives can be found in Section 202 of the REAP 2.0 NOFA and Final Guidelines for MPO Applicants and are made a part of the provisions of this MOU as if set forth in full. b. Project Funds and Grant Funds shall only be used by Sub -Recipient for activities approved by SCAG and included in the Scopes of Work, as outlined in the most current fully executed SOW Approval Form. c. Project Funds and Grant Funds may not be used for administrative costs of persons employed by Sub -Recipient for activities not directly related to eligible activities. d. Sub -Recipient shall use no more than five percent (5%) of the Project Funds for administrative costs related to a Project, or a maximum of Six Hundred Sixty -Four Thousand, Five Hundred Dollars ($664,500), whichever is lower. For purposes of this MOU, administrative costs are the costs incurred in direct support of grant administration that are not included in the organization's indirect cost pool. Additional funds may be used from other sources solely contributed by Sub -Recipient to support Sub -Recipient's administration of the Projects. i. Sub -Recipient must clearly indicate if funds will be used towards administrative costs on or before the Effective Date of this MOU. ii. If Sub -Recipient is seeking reimbursement for indirect costs and/or fringe benefits costs, they must annually submit an Indirect Cost Allocation Plan ("ICAP") or an Indirect Cost Rate Proposal ("ICRP") to its cognizant agency for indirect costs and/or fringe benefits costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. The cognizant agency for indirect costs and/or fringe benefits costs means the federal agency responsible for reviewing, negotiating, and approving ICAPs or ICRPs. Sub -Recipient must provide their approved indirect cost rate and/or fringe benefit rate and provide a copy to SCAG Project Manager of the approved negotiated indirect cost rate agreement ("NICRA") for the current fiscal year and subsequent years throughout the performance period. Indirect costs and/or fringe benefits costs may be sought for reimbursement only if Sub -Recipient has an approved NICRA from its cognizant agency on or before the Effective Date of this MOU. iii. If Sub -Recipient is seeking reimbursement for fringe benefits costs with absence of the approved NICRA and proposes to use a rate to allocate the fringe benefits costs on the basis 5