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32. ACCESS TO RECORDS
<br />(1) The Contractor agrees to provide the County, FDOT, FHWA, the Comptroller General of the
<br />United States or any of their authorized representatives access to any books, documents,
<br />papers and records of the Contractor which are directly pertinent to the contract for the
<br />purposes of making audits, examinations, excerpts and transcriptions.
<br />(2) The Contractor agrees to maintain all books, records, accounts and reports required under
<br />the contract for a period of not less than five years after the date of termination or expiration
<br />of the contract, except in the event of litigation or settlement of claims arising from the
<br />performance of the contract, in which case Contractor agrees to maintain same until the
<br />County, the FTA Administrator, the Comptroller General, or any of their duly authorized
<br />representatives, have disposed of all such litigation, appeals, claims or exceptions related
<br />thereto.
<br />33. PROGRAM FRAUD
<br />34.
<br />(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
<br />of 1986, as amended, 31 U.S.C. §3801 et seg. and U.S. DOT regulations, "Program Fraud
<br />Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
<br />execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
<br />accuracy of any statement it has made, it makes, it may make, or causes to be made,
<br />pertaining to the underlying contract or the FHWA assisted project for which this contract
<br />work is being performed. In addition to other penalties that may be applicable, the
<br />Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or
<br />fraudulent claim, statement, submission, or certification, the Federal Government reserves
<br />the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
<br />Contractor to the extent the Federal Government deems appropriate.
<br />(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
<br />or fraudulent claim, statement, submission, or certification to the Federal Government under
<br />a contract connected with a project that is financed in whole or in part with Federal
<br />assistance originally awarded by FHWA, the Government reserves the right to impose the
<br />penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the
<br />Federal Government deems appropriate.
<br />(3) The Contractor agrees to include the above two clauses in each subcontract financed in
<br />whole or in part with Federal assistance provided by FHWA. It is further agreed that the
<br />clauses shall not be modified, except to identify the subcontractor who will be subject to the
<br />provisions.
<br />(1) Absent the express written consent by the Federal Government, the Federal Government or
<br />the Federal Highway Authority is not a party to the contract and shall not be subject to any
<br />obligations or liabilities to the County, Contractor, or any other party (whether or not a party
<br />to that contract) pertaining to any matter resulting from the underlying contract.
<br />(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
<br />in part with Federal assistance provided by FHWA. It is further agreed that the clause shall
<br />not be modified, except to identify the subcontractor who will be subject to its provisions.
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