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system (or of any other agency or entity performing related functions) receiving FTA assistance <br />to whom the Hatch Act would not otherwise apply. <br />f. False or Fraudulent Statements or Claims. The Contractor acknowledges <br />and agrees that: <br />(1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as <br />amended, 31 U.S.C. §§ 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil <br />Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. By executing <br />this Agreement for the Project, the Contractor certifies or affirms the truthfulness and accuracy <br />of each statement it has made, it makes, or it may make in connection with the Project. In <br />addition to other penalties that may apply, the Contractor also understands that if it makes a <br />false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or <br />representation to the Federal /State Government concerning the Project, the Federal /State <br />Government reserves the right to impose on the Contractor the penalties of the Program Fraud <br />Civil Remedies Act of 1986, as amended, to the extent the Federal /State Government deems <br />appropriate. <br />(2) Criminal Fraud. If the Contractor makes a false, fictitious, or fraudulent <br />claim, statement, submission, certification, assurance, or representation to the Federal /State <br />Government or includes a false, fictitious, or fraudulent statement or representation in any <br />agreement with the Federal /State Government in connection with a Project authorized under 49 <br />U.S.C. chapter 53 or any other Federal law, the Federal /State Government reserves the right to <br />impose on the Contractor the penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other <br />applicable Federal /State law to the extent the Federal /State Government deems appropriate. <br />Section 4. Proiect Expenditures. <br />a. General. The Department shall reimburse the Contractor for allowable costs <br />for work performed under the terms of this Agreement which shall be financed with Federal <br />Section 5311 funds and State matching funds. The Contractor shall expend funds provided in <br />this Agreement in accordance with the approved Project Budget(s), included as Attachment C to <br />this Agreement. It is understood and agreed that the work conducted pursuant to this <br />Agreement shall be done on an actual cost basis by the Contractor. Expenditures submitted <br />for reimbursement shall include all eligible cost incurred within the Period Covered. The <br />Period Covered represents the monthly or quarterly timeframe in which the project <br />reports expenditures to the Department. All payments issued by the Department will be on a <br />reimbursable basis unless the Contractor requests and the Department approves an advance <br />payment. The Department allows grantees in good standing to request advance payment (prior <br />to issuing payment to the vendor) for vehicles and other high -cost capital items. The Contractor <br />agrees to deposit any advance payments into its account when received and issue payment to <br />the vendor within 3 (three) business days. The amount of reimbursement from the Department <br />shall not exceed the funds budgeted in the approved Project Budget. The Contractor shall <br />initiate and prosecute to completion all actions necessary to enable the Contractor to provide its <br />share of project costs at or prior to the time that such funds are needed to meet project costs. <br />The Contractor shall provide its share of project costs from sources other than FTA and State <br />funds from the Department. Any costs for work not eligible for Federal and State participation <br />shall be financed one hundred percent (100 %) by the Contractor. <br />b. Administrative Expenditures. In order to assist the Contractor in financing the <br />administrative costs of the project, the Department shall reimburse the Contractor up to the <br />percentage specified in the Approved Project Budget of allowable administrative costs which <br />shall be determined by available funding. <br />C. Operating Expenditures. In order to assist in financing the operating costs of <br />the project, the Department shall reimburse the Contractor for the lesser of the following when <br />providing Section 5311 operating assistance: <br />Page 7 of 36 <br />