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Page 10 of 40 <br /> may recover any Federal/State assistance funds made available for the Project as necessary to <br /> satisfy any outstanding monetary claims that the Federal/State Government may have against <br /> the Contractor. <br /> d. Federal/State Claims, Excess Payments, Disallowed Costs, includinq <br /> Interest. <br /> (1) Contractor's Responsibility to Pay. Upon notification to the Contractor <br /> that specific amounts are owed to the Federal/State Government, whether for excess payments <br /> of Federal/State assistance, disallowed costs, or funds recovered from third parties or <br /> elsewhere, the Contractor agrees to remit to the Department promptly the amounts owed, <br /> including applicable interest and any penalties and administrative charges. <br /> (2) Amount of Interest. The Contractor agrees to remit to the Department <br /> interest owed as determined in accordance with N.C.G.S. 147-86.23. Upon notification to the <br /> contractor that specific amounts are owed to the Federal Government, whether for excess <br /> payments of Federal assistance, disallowed costs, or funds recovered from third parties or <br /> elsewhere, the Contractor agrees to remit to the Federal Government promptly the amounts <br /> owed, including applicable interest, penalties and administrative charges. <br /> (3) Payment to FTA. Upon receipt of repayment from the Contractor, the <br /> Department shall be responsible to remit amounts owed to FTA. <br /> e. De-obligation of Funds. The Contractor agrees that the Department may de- <br /> obligate unexpended Federal and State funds before Project closeout. <br /> Section 9. Accounting &Accountinq Records. <br /> a. Cost Accounting System. The Contractor will be responsible for having an <br /> adequate cost accounting system, and the ongoing burden of proof of adequacy for such <br /> system shall be upon the Contractor. The Department will determine whether or not the <br /> Contractor has an adequate cost accounting system. Such determination shall be documented <br /> initially prior to payment of any invoices pursuant to the Agreement, and from time to time as <br /> deemed necessary by the Department. In the event of a negative finding during such <br /> determining proceedings, the Department may suspend, revoke, or place conditions upon the <br /> determination, and/or may recommend or require remedial actions as appropriate. <br /> b. Establishment and Maintenance of Accountinq Records. The Contractor shall <br /> establish and maintain separate accounts for the public transportation program, either <br /> independently or within the existing accounting system. All costs charged to the program shall <br /> be in accordance with most current approved Annual Budget and shall be reported to the <br /> Department in accordance with UPTAS. <br /> c. Documentation of Project Costs. All costs charged to the Project, including any <br /> approved services performed by the Contractor or others, shall be supported by properly <br /> executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature <br /> and propriety of the charges, as referenced in 49 C.F.R. 19, the Office of Management and <br /> Budget Circulars A-122, "Costs Principles for Nonprofit Organizations" and A-110 "Uniform <br /> Administrative Requirements for Grants and Agreements with Institutions of Higher Education, <br /> Hospitals and Other Nonprofit Organizations." <br /> d. Allowable Costs. Expenditures made by the Contractor shall be reimbursed <br /> as allowable costs to the extent they meet all of the requirements set forth below. They must <br /> be: <br /> (1) Consistent with the Project Description, plans, specifications, and <br /> Project Budget and all other provisions of this Agreement; <br /> (2) Necessary in order to accomplish the Project; <br /> (3) Reasonable in amount for the goods or services purchased; <br /> (4) Actual net costs to the Contractor, i.e., the price paid minus any <br /> Revised 02/20/13 <br />