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2014-648 Orange County - FY2015 NCDOT - Nonurbanized Area Public Transportation Grant Agreement - Section 5311
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2014-648 Orange County - FY2015 NCDOT - Nonurbanized Area Public Transportation Grant Agreement - Section 5311
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Last modified
5/24/2018 3:52:35 PM
Creation date
10/27/2014 2:27:09 PM
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Contract
Date
9/19/2014
Contract Starting Date
7/1/2014
Contract Ending Date
6/30/2015
Contract Document Type
Grant
Amount
$668,093.00
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nonsupervisory employee of a public transportation system (or of any other agency or entity performing <br /> related functions) receiving FTA assistance to whom the Hatch Act would not otherwise apply. <br /> g. 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 Government 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 Government 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 <br /> the Department. Any costs for work not eligible for Federal and State participation shall be financed <br /> 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 percentage <br /> specified in the Approved Project Budget of allowable administrative costs which shall be determined <br /> by available funding. <br /> C. Operating Expenditures. In order to assist in financing the operating costs of the <br /> project, the Department shall reimburse the Contractor for the lesser of the following when providing <br /> Section 5311 operating assistance: <br /> (1) The balance of unrecovered operating expenditures after deducting all farebox <br /> and other operating revenues, or <br /> (2) Up to the percentage specified in the Approved Project Budget of the <br /> allowable total operating expenditures which shall be determined by available funding. <br /> Revised 4/22/14 Page 7 of 36 <br />
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