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Agreement and shall not be subject to any obligations or liabilities to the City, Consultant, or any <br /> other party (whether or not a party to this Agreement) pertaining to any matter resulting from this <br /> Agreement. <br /> Consultant agrees to include the above clause in each subcontract financed in whole or in <br /> part with Federal assistance provided by FTA. It is further agreed that the clause shall not be <br /> modified, except to identify the subcontractor who will be subject to its provisions. <br /> 20. PROGRAM FRAUD /FALSE OR FRAUDULENT STATEMENTS <br /> a. Consultant acknowledges that the provisions of the Program Fraud Civil Remedies <br /> Act of 1986, as amended, 31 U.S.C. § 3801 et sec .and U.S. DOT regulations, "Program Fraud <br /> Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Accordingly, <br /> by signing this Agreement, Consultant certifies the truthfulness and accuracy of any statement it <br /> has made, it makes, it may make, or causes to be made, pertaining to this Agreement or the FTA <br /> assisted project for which this contract work is being performed. In addition to other penalties <br /> that may be applicable, Consultant further acknowledges that if it makes, or causes to be made, a <br /> false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal <br /> Government reserves the right to impose the penalties of the Program Fraud Civil <br /> Remedies Act of 1986 on Consultant to the extent the Federal Government deems appropriate. <br /> b. Consultant acknowledges that if it makes, or causes to be made, a false, fictitious, or <br /> fraudulent claim, statement, submission, or certification to the Federal Government under a <br /> contract connected with a project that is financed in whole or in part with Federal assistance <br /> originally awarded by FTA under the authority of 49 U.S.C. § 5307 et seq., the Government <br /> reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307, et seq. on <br /> the Consultant, to the extent the Federal Government deems appropriate. <br /> c. Consultant agrees to include the above two clauses in each subcontract financed in <br /> whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses <br /> shall not be modified, except to identify the subcontractor who will be subject to the provisions. <br /> 21. SUSPENSION AND DEBARMENT <br /> This Agreement is a covered transaction for purposes of 49 CFR Part 29. As <br /> such, Consultant is required to verify that neither the Consultant nor its principals, as <br /> defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or <br /> disqualified as defined at 49 CFR 29.940 and 29.945. <br /> Consultant is required to comply with 49 CFR 29, Subpart C and must include the <br /> requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it <br /> enters into. <br /> By signing and submitting this Agreement, Consultant certifies as follows: <br /> The certification in this clause is a material representation of fact relied upon by <br /> <br /> the City of Santa Ana. If it is later determined that Consultant knowingly rendered an <br /> 9 <br /> 25A-13 <br /> <br />