2021-023-E OCTS-Triangle J TDM services contract FY21

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DocuSign Envelope ID: 1970E54E-AE09-4466-994B-01CAF3868F32 reimbursement must be submitted within (30) days following the end of the quarter, including the final invoice. Invoices shall be supported by documentation of costs. Failure to request reimbursement for eligible projects costs as outlined may result in termination of the Project. Invoices shall be approved by the TJCOG Energy & Environment Program Manager. c. Excluded Costs.The Recipient understands and agrees that ineligible costs will be treated as follows: (1) In determining the amount of assistance TJCOG will provide,TJCOG will exclude: (a)Any Project cost incurred by the Recipient before the Effective Date of the Grant; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a third party contract or sub agreement with a subrecipient that must be approved by the TDM Oversight Committee, or other arrangement required to be, but has not been, concurred by the Oversight Committee; (d) Any non-project cost consistent with the prohibitions of 49 U.S.C. § 5323(h); (e) Any cost ineligible for Department participation as provided by applicable Federal/State laws, regulations, or directives; and (f) Expenditures on incentive items are prohibited. (g) Items listed in the FY2018 Request for Proposals, including Food (with the exception of branded food items used as a promotional item); Unbranded promotional items, including event decorations (e.g., balloons); Incentives/prizes (unless prior approval has been obtained from the Oversight Committee); Entertainment (e.g., musical bands, DJs); Capital expenses (e.g.,vehicle or vehicle parts acquisition, bicycles or bicycle racks, bus or vanpool passes for regular customers, etc. In special circumstances, bus, or vanpool passes may be used for new employees for a limited amount of time); Building costs; Sales tax (except for travel expenses); Operating costs, such as vehicle maintenance; Computer hardware and software (e.g., laptops); (2) The Recipient understands and agrees that payment to the Recipient for any Project cost does not constitute TJCOG's final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the Recipient of the terms of this Agreement.The Recipient acknowledges that TJCOG will not make a final determination about the allowability and eligibility of any cost until any audit of the Project has been completed. If TJCOG determines that the Recipient is not entitled to receive any portion of the State assistance the Recipient has requested or provided, TJCOG will notify the Recipient in writing, stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient's responsibility to return any funds due TJCOG as a result of later refunds, corrections, or other transactions; nor will Project closeout alter TJCOG'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,TJCOG may recover any funds made available for the Project as necessary to satisfy any outstanding monetary claims that TJCOG may have against the Recipient. d. State Claims, Excess Payments, Disallowed Costs, including Interest. (1) Recipient's Responsibility to Pay. Upon notification to the Recipient that specific amounts are owed to TJCOG,whether for excess payments of assistance,disallowed costs,or funds recovered from third parties or elsewhere, the Recipient agrees to remit to TJCOG promptly the amounts owed,including applicable interest and any penalties and administrative charges.(2)Amount of Interest. The Recipient agrees to remit to TJCOG interest owed as determined in accordance with N.C.G.S. 147-86.23. e. Travel. Reimbursement for travel subsistence expenses (i.e., hotel and food costs) is allowable at the Federal rate (found at http://www.gsa.gov/perdiem). Section 5.Accounting Records. a. Documentation of Project Costs. All costs charged to the Project, including any approved services performed by the Recipient or others, shall be supported by properly executed Page 5 of 18