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Access to Records: The following access to records requirements apply to this contract: <br />(1) The Consultant agrees to provide OWNER, the FEMA Administrator, the Comptroller General <br />of the United States, or any of their authorized representative's access to any books, documents, <br />papers, and records of the Consultant which are directly pertinent to this contract for the <br />purposes of making audits, examinations, excerpts, and transcriptions. <br />(2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means <br />whatsoever or to copy excerpts and transcriptions as reasonably needed. <br />(3) The Consultant agrees to provide the FEMA Administrator or his authorized representative's <br />access to construction or other work sites pertaining to the work being completed under the <br />contract. <br />J. DHS Seal, Logo, and Flags: The Consultant shall not use the DHS seal(s), logos, crests, or <br />reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. <br />K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement <br />that FEMA financial assistance will be used to fund the contract only. The Consultant will comply <br />will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and <br />directives. <br />L. No Obligation by Federal Government: The Federal Government is not a party to this contract <br />and is not subject to any obligations or liabilities to the non -Federal entity, Consultant, or any <br />other party pertaining to any matter resulting from the contract. <br />M. Program Fraud and False or Fraudulent Statements or Related Acts: The Consultant <br />acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) <br />applies to the Consultant's actions pertaining to this contract. <br />N. AFFIRMATIVE STEPS: CONSULTANT shall take the following affirmative steps to ensure minority <br />business, women's business enterprises and labor surplus area firms are used when possible: <br />(1) Placing qualified small and minority businesses and women's business enterprises on <br />solicitation lists. <br />(2) Ensuring that small and minority businesses, and women's business enterprises are <br />solicited whenever they are potential sources. <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities <br />to permit maximum participation by small and minority businesses, and women's business <br />enterprises. <br />(4) Establishing delivery schedules, where the requirement permits, which encourage <br />participation by small and minority businesses, and women's business enterprises. <br />(5) Using the services and assistance of the Small Business Administration and the Minority <br />Business Development Agency of the Department of Commerce. <br />Article 11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by CONSULTANT and shall provide <br />the OWNER with a right to terminate this Contract in accordance with this Article, in addition to <br />pursuing any other remedies which the OWNER may have under this Contract or under law: <br />(1) if in the OWNER's opinion CONSULTANT is improperly performing work or violating any <br />provision(s) of the Contract Documents; <br />9 <br />