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Direct labor, plus fringe benefits costs calculated using the LPA's ODOT approved Fringe Benefits Rate, plus indirect costs calculated using the Federal 10% De Minintls Indirect Cost Rats.' (A) The LPA currently maintains, or intends to develop and implement prior to the period a[perfonmance of this PROJECT, an ODOT approved federally compliant time -tracking system, and - (B) The LPA currently has, or intends to negotiate, an ODOT approved fringe benefits rate prior to the period of performance of this PROJECT. 4. Direct labor, plus fringe benefits costs calculated using the LPA's ODOT approved Fringe Benefits Rate, plus Indirect costs calculated using the LRWs ODOT approved Indirect Cost Rate. 4 (A) The LPA currently maintains, or intends to develop and implement prior to the period of performance of this PROJECT, an ODOT approved federally compliant time -tracking system, and (B) The LPA currently has, or intends to negotiate, an ODOT approved fringe benefits rate prior to the period of performance of this PROJECT, and (C) Instead of using the Federal 10% De Minimis Indirect Cost Rate, the LPA currently has, or intends to negotiate, an ODOT approved indirect cost rate prior to the period of performance of this PROJECT. For any allocable project labor costs to be eligible for reimbursement with Federal and/or State funds, the LPA must maintain compliance with all timekeeping requirements specified in 2 CFR Part 200 and the ODOT LPA Cost Recovery Guidance, Including ODOT Questions and Answers and related supplementary guidance, as applicable. Additionally, if the LPA elects to recover fringe and/or indirect costs, the LPA shall maintain compliance with Appendix VII of 2 CFR Part 2D0 and the LATP Manual of Procedures. 15.2 If the LPA decides to change its indirect cost recovery option, the change shall not become effective until this Agreement is amended pursuant to section 15.12 below to reflect the indirect cost recovery option utilized by the LPA on the PROJECT. 15.3 Fimncje/ Reporting and Audit Requirements: One or more phases of this Agreement include a sub award of Federal funds to the LPA Accordingly, the LPA must comply with the financial reporting and audit requirements of 2 CFR Part 200. All non-federal entities, including ODOT's LPA sub recipients, that have aggregate federal awards expenditures from all sources of $750,000 or more in the non-federal entity's fiscal year must have tit Wndrect costs, only If the labor oosle are accumulated, tracked, and allocated In soeordartee with oomplient systerns. talon an LPA Is elglble to Invoioe ODOT for and recover the 10% de mktknls indkect cost rats on arty pmJert, the LPA% time-traddrg system and methods for h addi other project ousts must be reviewied and approved by the ODOT aloe of l:xternai Arrdds. A non -Federal entity that elects to chow the de minkrds rate must mead the regnireenents kt 2 CFR 200 ApperK1x NI Sac4on D, Part 1, paragraph b. 3 [Also be sure to read footnotes # 1 and 21 The frkW benefits rate bNed to tils project must be detain ed In acoordarree with the Rate Agreertw t periediray negotiated with and approved by the ODOT Of&e of Eternal Audits. The secs period when the LPA's direct Isbor coats are paid will be matched with the ODOT approved rate for that fiscal year to dolo nd,te whidn rate Is applicable. Aowrdkgy, the tinge beneAls rate applcreblo to dirtarent fkcal years throughout the period of pub.. ante of the project may tuc uate to noW dnanpes to the ODOT approved rate. 4 [Also be sure to read footnote 0 11 The frttpe berieft and Wract cost ran billed to this project want be determined in aouordanos with the Role Agreen ens parlodcaly negotiated %ft and approved by the Mae of Eatenial Audis. Thefkral period when the LPAb direct labor costs are paid will be matched with the ODOT approved rates for that Ilscal year to delan. ne which rates are applicable. AccoMngy, the rates appkaMe to different fwal years throughout the period of po Ia., arm ortlte protect may Auc haste to match changes to the ODOT approved rates. Page 14 of 19 Revision Date 3/14/022