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(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
<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 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(l), 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 A 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.
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