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• 32 . ACCESS TO RECORDS
<br /> (1 ) The Contractor agrees to provide the City, 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 City,
<br /> 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.
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<br /> 33. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
<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 /> 34 . NO OBLIGATION BY THE FEDERAL GOVERNMENT
<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 City, Contractor, or any other party (whether or not a party to
<br /> 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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