2017-574 OPT - FY2018 NCDOT application for Section 5339 Public Transportation Grant

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(e) Any profit or fee sought by the recipient for its services under the Grant Agree, except to the extent determined by applicable. (f) Any cost ineligible for FTA participation as provided by applicable Federal /State laws, regulations, or directives. (2) The Grantee shall limit reimbursement for meals, lodging and travel to rates established by the State of North Carolina Travel Policy. Costs incurred by the Grantee in excess of these rates shall be borne by the Grantee. (3) The Grantee understands and agrees that payment to the Grantee on any Project cost does not constitute the Federal /State Government's final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement. The Grantee acknowledges that the Federal /State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal/State Government determines that the Grantee is not entitled to receive any portion of the Federal /State assistance the Grantee has requested or provided, the Department will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due the Federal /State Government as a result of later refunds, corrections, or other transactions; nor will Project closeout alter the Federal /State Government's right to disallow costs and recover funds on the basis of a later audit or other review. Unless prohibited by Federal /State law or regulation, the Federal/State Government may recover any Federal /State assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal /State Government may have against the Grantee. g. Program Income (1) State, Local, or Indian Tribal Governments. In addition to uses of program income authorized under 2 C.F.R. Part 200.80, FTA reserves the right to permit the Department to add program income to the funds FTA and the recipient have committed to that Grant agreement and use that program income for the purposes of and under the conditions of the grant agreement. (2) Institutions of Higher Education, private Non - Profit Organizations, and Private For Profit Organizations. FTA reserves the right to permit a recipient to add the program income to the funds FTA and the recipient have committed to that Grant agreement and use that program income to further eligible project or program objectives. .(3) Cost Associated With Program Income. Except to the extent FTA determines otherwise in writing, the cost incident to the earning program income may be deducted from the Recipient's gross income to determine program income, provided these costs have not been charged to the Grant Agreement. h. Federal /State Claims, Excess Payments, Disallowed Costs, including Interest. (1) Grantee 's Responsibility to Pay. Upon notification to the Grantee that specific amounts are owed to the Federal /State Government, whether for excess payments of Federal /State assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to remit to the Department promptly the amounts owed, including applicable interest and any penalties and administrative charges. (2) Amount of Interest. The Grantee agrees to remit to the Department interest owed as determined in accordance with N.C.G.S. 147 - 86.23. Upon notification to the Grantee that specific amounts are owed to the Federal Government, whether for excess payments of Federal assistance, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to remit to the Federal Government promptly the amounts owed, including applicable interest, penalties and administrative charges. (3) Payment to FTA. Upon receipt of repayment from the Grantee, the Department shall be responsible to remit amounts owed to FTA. De- obligation of Funds. The Grantee agrees that the Department may de- obligate unexpended Federal and State funds before Project closeout. 05/27/2015 Page 9 of 36