2018-203 OPT - Triangle J transportation demand grant

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Federal /State laws and regulations prohibiting the use of Federal /State assistance for activities designed to influence Congress or a State legislature with respect to legislation or appropriations, except through proper, official channels. e. Employee Political Activity. To the extent applicable, the Recipient agrees to comply with the provisions of the Hatch Act, 5 U.S.C. §§ 1501 through 1508, and 7324 through 7326, and U.S. Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political activities of State and local agencies and their officers and employees, whose principal employment activities are financed in whole or part with Federal funds including a Federal grant, cooperative agreement, or loan. Nevertheless, in 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 nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise apply. f. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees that: (1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq., and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its activities in connection with the Project. By executing this Agreement for the Project, the Recipient certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. In addition to other penalties that may apply, the Recipient also understands that if it makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal /State Government concerning the Project, the Federal /State Government reserves the right to impose on the Recipient the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal /State Government deems appropriate. (2) Criminal Fraud. If the Recipient makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal /State Government or includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal /State Government in connection with a Project authorized under 49 U.S.C. chapter 53 or any other Federal law, the Federal /State Government reserves the right to impose on the Recipient the penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other applicable Federal /State law to the extent the Federal /State Government deems appropriate. Section 4. Project Expenditures. a. General. The Department shall reimburse the Recipient for allowable costs for work performed under the terms of this Agreement. The Recipient shall expend funds provided in this Agreement in accordance with the approved Project Budget, included as Attachment A to this Agreement. It is understood and agreed that the work conducted pursuant to this Agreement shall be done on an actual cost basis by the Recipient. Until contracts are fully executed between TJCOG and DOT PTD, spending for all subrecipients shall be capped at 50% of total project budget. TJCOG and DOT expect to execute their contract for the grant year before October 2018. TJCOG will issue a contract amendment authorizing subrecipients to spend the full contract amount at that time. Expenditures submitted for reimbursement shall include all eligible costs incurred within the quarter. The amount of reimbursement from TJCOG shall not exceed the award funds budgeted in the approved Project Budget. The Recipient shall initiate and prosecute to completion all actions necessary to enable the Recipient to provide its share of project costs at or prior to the time that such funds are needed to meet project costs. Each project line item included in the program budget and invoice template will only be reimbursed by grant funds at 50 %. The remaining costs per line item must be paid by matching funds. Page 4 of 18