2017-575 OPT - FY2018 NCDOT application for Section 5310 Public Transportation Grant

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determines otherwise in writing, ineligible costs will be treated as follows: (1) In determining the amount of Federal/State assistance the Department will provide, the Department will exclude: kA Any Project oontincurnadbvtheGranteebeforntheofectivedotaofthegnant| (b) Any cost that is not included |U the latest Approved Project Budget; (o) Any cost for Project propeAvorsen/inesreceivedincoDDectionvvi1hathirdpadx contract, sub-agreement, lease, or other arrangement that is required to be, but has not been, concurred iDor approved in writing byFTA; (d) Any non-project cnstcnnsisteDtVviththeprohibitionsof4SU.8.C.05323(h);und (e) Any profit or fee sought by the recipient for its services under the Grant Agree, except tothe extent determined byapplicable. Ui Any cost ineligible for FTAparticipation as provided by applicable Federal/State |avve, regulations, or directives. /2\ The Grantee shall limit reimbursement for meals, lodging and travel to rates established by the State nfNu hCmro|inoT[ave|Po|ioy. Costs incurred by the Grantee iU excess ofthese rates shall be borne by the Grantee. (3) The Grantee understands and agrees that payment to the Grantee on any Project onst does not constitute the FederallState Government's final decision about whether that cost is e||oVvab|e and eligible for payment and does not constitute o waiver oƒ 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 hoebeenconnp|sted. |f the Federal/State Government determines that the Grantee is not entitled to receive any portion of the Federal/State ass ' istance the Grantee has requested or provided, the Department will notify the Grantee iO writing, stating its reasons. The Grantee agrees that Project doseoutwi|| 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 doseoxte|te[ the Federal/State Governments right to disallow costs and recover funds on the basis of a later auditor other review. Unless. prohibited by Federal/State law orregulation, the Federal/State Government may recover any Federal/State assistance funds made available for the Project asnooeosarytonmtiofvanyoutatendingnnoneto[yc/8irnsthafthe Federal/State Government may have against the Grantee. Program Income (1) State, Local, nr Indian Tribo|Governments. |n addition to uses of program income authorized under 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 prograrn 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 tn 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 othemvi�ein writing, the cost incident tnthe 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. Federal/State Claims, Excess Payments, Disallowed Costs, including Interest. (1) . Upon notification to the Grantee that specific amounts are owed to the Federal/State Government, whether for excess payments ofFedereKGtmte assistance, disallowed costs, or funds recovered from third pates or elsewhere, the Grantee agrees to remit to the Department promptly the amounts ovvod' including applicable interest and any penalties and administrative charges. (2) Amount of Interest. The Grantee ogRaeo to nenn|t to the Department interest owed as determined in accordance with N.C.G.G. 147-86.23. Upon notification to the Grantee that 05/2712015 Page 9u[37