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prohibiting the use of Federal assistance for activities, designed to influence Congress or a State
<br />legislature with respect to legislation or appropriations, except through proper, official channels; and
<br />(3) It will comply, and will assure the compliance of each sub-recipient,
<br />lessee, or third party contractor at any tier, with U.S. DOT regulations, "New Restrictions on Lobbying,"
<br />49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352.
<br />e. Employee Political Activity. To the extent applicable, the Contractor agrees to
<br />comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 through 1508, and 7324 through 7326,
<br />and U.S. Office of Personnel Management regulations, "Political Activity of State or Local Officers or
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<br />Employees, 5 C.F.R. Part 151. The Hatch Act limits the political activities of State and local agencies
<br />and their officers and employees, whose principal employment activities are financed in whole or part
<br />with Federal funds including a Federal grant, cooperative agreement, or loan. Nevertheless, in
<br />accordance with 49 U.S.C. § 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a
<br />non-supervisory employee of a public transportation system (or of any other agency or entity
<br />performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise
<br />apply.
<br />f. False or Fraudulent Statements or Claims. The Contractor acknowledges and
<br />agrees that:
<br />(1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31
<br />U.S.C. §§ 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31,
<br />apply to its activities in connection with the Project. By executing this. Agreement for the Project, the
<br />Contractor certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or
<br />it may make in connection with the Project. In addition to other penalties that may apply, the Contractor
<br />also understands that if it makes a false, fictitious, or fraudulent claim, statement, submission,
<br />certification, assurance, or representation to the Federal/State Government concerning the Project, the
<br />Federal/State Government reserves the right to impose on the Contractor the penalties of the Program
<br />Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal/State Govemment deems
<br />appropriate.
<br />(2) Criminal Fraud. If the Contractor makes a false, fictitious, or fraudulent claim,
<br />statement, submission, certification, assurance, or representation to the Federal/State Govemment or
<br />includes a false, fictitious, or fraudulent statement or representation in any agreement with the
<br />Federal/State Government in connection with a Project authorized under 49 U.S.C. chapter 53 or any
<br />other Federal law, the Federal/State Government reserves the right to impose on the Contractor the
<br />penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other applicable Federal/State law to the extent
<br />the Federal/State Government deems appropriate.
<br />Section 7. Project Expenditures/Payment/Reimbursement.
<br />a. General. The Department shall reimburse the Contractor for allowable costs for work
<br />performed under the terms of this Agreement which shall be financed with Federal Section 5311 funds
<br />and State matching funds. The Contractor shall expend funds provided in this Agreement in
<br />accordance with the approved Project Budget(s), included as Attachment C to this Agreement. It is
<br />understood and agreed that the work conducted pursuant to this Agreement shall be done on an actual
<br />cost basis by the Contractor. Expenditures submitted for reimbursement shall include all eligible
<br />cost incurred within the Period Covered. The Period Covered represents the monthly or
<br />quarterly timeframe in which the project reports expenditures to the Department. All payments
<br />issued by the Department will be on a reimbursable basis unless the Contractor. requests and the
<br />Department approves an advance payment. The Department allows grantees in good standing to
<br />request advance payment (prior to issuing payment to the vendor) for vehicles and other high-cost
<br />capital items. The Contractor agrees to deposit any advance payments into its account when received
<br />and issue payment to the vendor within 3 (three) business days. The amount of reimbursement from
<br />the Department shall not exceed the funds budgeted in the approved Project Budget. The Contractor
<br />shall 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. The
<br />Contractor shall provide its share of project costs from sources other than FTA and State funds from
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