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Federal Transit Administration Clauses
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<br />Amendments thereto, or the Federal Government’s administration or enforcement of federal laws,
<br />regulations, and requirements.
<br />C. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT
<br />Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which
<br />the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring
<br />on a Project receiving assistance from FTA. The notification provision applies if a person has or may
<br />have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may
<br />have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of
<br />interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct
<br />involving federal assistance. This responsibility occurs whether the Project is subject to this
<br />Agreement or another agreement between the Recipient and FTA, or an agreement involving a
<br />principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to
<br />subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to,
<br />knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other
<br />investigative agency, a criminal indictment or civil complaint, or probable cause that could support a
<br />criminal indictment, or any other credible information in the possession of the Recipient. In this
<br />paragraph, “promptly” means to refer information without delay and without change. This
<br />notification provision applies to all divisions of the Recipient, including divisions tasked with law
<br />enforcement or investigatory functions.
<br />D. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of
<br />any proceeds recovered from any third party, based on the percentage of the federal share for the
<br />Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all
<br />liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return
<br />the federal share of those liquidated damages to the Federal Government, provided that the
<br />Recipient receives FTA’s prior written concurrence.
<br />E. Enforcement. The Recipient must pursue its legal rights and remedies available under any third
<br />party agreement or any federal, state, or local law or regulation.
<br />Contractor agrees to notify the City of Everett immediately if it becomes involved in a current or
<br />prospective legal matter that may affect the federal government, which includes, but is not limited to,
<br />FTA’s interests in the award, the accompanying underlying agreement, and any Amendments thereto,
<br />or the FTA’s administration or enforcement of federal laws, regulations, and requirements. The types of
<br />legal matters that require notification include, but are not limited to, a major dispute, breach, default,
<br />litigation, or where the FTA may be named as a party to litigation or a legal disagreement in any forum
<br />for any reason.
<br />Contractor will immediately notify the City of Everett if it has knowledge of potential fraud, waste, or
<br />abuse occurring in relation to this Contract. The notification provision applies if a person has or may
<br />have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have
<br />committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid
<br />rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal
<br />assistance. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal
<br />or civil investigation by a federal, state, or local law enforcement or other investigative agency, a
<br />criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or
<br />any other credible information in the possession of the City of Everett.
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