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express written consent by the Federal Government, the Federal Government is not a party to this <br />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 seq. 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: