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MOU No.:TBD
<br />SCAG Project/0W No.:TBD
<br />City Contract No. :TBD
<br />1) The Contract Cost Principles and Procedures, 48Code of Federal Regulations, Federal
<br />Acquisition .Regulations System, Chapter 1, Subchapter E, Part '31, et seq. (Office of
<br />Management and Budget Circular A-87 Revised, "Cost Principles for State, Local, and
<br />Indian Tribal Governments)," shall be used to determine the acceptability of individual
<br />project cost items; and
<br />2) The CITY agrees, and will require that its contractors be obligated to agree, that (a) the
<br />Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System,
<br />Chapter 1, Part 31 , et seq., shall be used to determine the allowability' of individual project
<br />cost items (CITY shall refer to, 2 CFR, ;Part 200, Uniform Administrative Requirements,
<br />Cost Principles, and Audit Requirements for Federal Awards); and (b) all parties shall
<br />comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform
<br />Administrative Requirements for Grants and Cooperative Agreements to State and Local
<br />Governments. The CITY and every contractor receiving Project funds under: this Agreement
<br />shall comply with Federal administrative procedures in accordance with 49 CFR, Part' 18,
<br />Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
<br />Local Governments.
<br />b. Any costs for which the CITY receives reimbursement or credit that is determined by a.
<br />subsequent audit or other review by either SCAG, Caltrans. or other State or Federal authorities to
<br />be unallowable under, but not limited to; Title 2, CFR, part 200, Uniform Administrative
<br />Requirements, Cost Principles, and Audit Requirements for Federal -Awards, and 49 CFR,'Part.
<br />18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
<br />Local Governments, are to be repaid by the CITY within `thirty (30) calendar days of the CITY
<br />receiving notice of audit findings and a written demand for reimbursement from SCAG. Should
<br />the CITY fail to reimburse unallowable costs due SCAG within thirty (30) calendar days of
<br />demand, or within such other period as may be agreed between both parties hereto, SCAG is
<br />'authorized to withhold future payments due to the CITY.
<br />8. Electronic Version of Work Products
<br />a. CITY shall submit one (1) electronic copy of all completed deliverables associated with the
<br />Project to the assigned SCAG Project Manager.
<br />b. SCAG' shall 'reserve a royalty -free, non-exclusive and irrevocable license to reproduce,
<br />publish or otherwise use, and authorize others to use deliverables and other work products
<br />related to the Project and developed as part of this MOU; provided, however, that any
<br />reproduction, publishing, reuse or authorization of reuse by others of deliverables and other
<br />work products without written verification by CITY will be at SCAG's sole risk and without
<br />liability or legal exposure to CITY. Such written verification by CITY shall not be
<br />unreasonably denied and shall be provided by CITY within ten calendar days of SCAG's
<br />request therefor.
<br />c. Subject to the California Public Records Act, all deliverables and related materials related to
<br />the Project shall be held confidential by Consultant. Nothing furnished to, CITY or SCAG
<br />which is otherwise known or is generally known, or has become known, to the related
<br />industry shall be deemed confidential. CITY shall also safeguard such confidential materials
<br />December 11, 2017
<br />Page 5
<br />25M-9
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