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J. Compliance with Federal Law, Regulations, and Executive Orders: This is an <br />acknowledgement that FEMA financial assistance will be used to fund the contract only. The <br />contractor will comply will all applicable federal law, regulations, executive orders, FEMA <br />policies, procedures, and directives. <br />K. No Obligation by Federal Government: The Federal Government is not a party to this <br />contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, <br />or any other party pertaining to any matter resulting from the contract. <br />L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor <br />acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and <br />Statements) applies to the contractor's actions pertaining to this contract. <br />M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to <br />ensure minority business, women's business enterprises and labor surplus area firms are <br />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 solicited <br />whenever they are potential sources. <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br />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 12 - TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by CONTRACTOR and <br />shall provide the OWNER with a right to terminate this Contract in accordance with this Article, <br />in addition to pursuing any other remedies which the OWNER may have under this Contract <br />or under law: <br />(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating <br />any provision(s) of the Contract Documents; <br />(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective <br />parts or equipment, as directed by the Engineer pursuant to an inspection; <br />(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and <br />will not be finished within the prescribed time; <br />(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved <br />thereon; or <br />(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general <br />assignment for the benefit of his creditors, or if a trustee or receiver is appointed for <br />CONTRACTOR or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify <br />CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten <br />(10) calendar days to cure the default to the reasonable satisfaction of the OWNER. <br />C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub - <br />Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon <br />receiving such notification, CONTRACTOR shall immediately cease all work hereunder and <br />Agreement (Public Works) REV 04-07 - 00520 - 12 <br />