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b. Consultant agrees to comply with federal procedures in accordance with 49 CFR, Part 18,
<br />Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
<br />Governments.
<br />c. Any costs for which payment has been made to Consultant that are determined by subsequent
<br />audit to be unallowable under 48 CFR, Federal Acquisition Regulation System, Chapter 1, Part 31.000 et
<br />seq., are subject to repayment by Consultant to City.
<br />21. PROGRAM FRAUD / FALSE OR FRAUDULENT STATEMENTS
<br />a. Consultant acknowledges that the provisions of the Program Fraud Civil Remedies Act of
<br />1986, as amended, 31 U.S.C. § 3801 et sec . and U.S. DOT regulations, "Program Fraud Civil Remedies,"
<br />49 C.F.R. Part 31, apply to its actions pertaining to this Project. Accordingly, by signing this Agreement,
<br />Consultant certifies the truthfulness and accuracy of any statement it has made, it makes, it may make, or
<br />causes to be made, pertaining to this Agreement or the FHWA assisted project for which this contract
<br />work is being performed. In addition to other penalties that may be applicable, Consultant further
<br />acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
<br />submission, or certification, the Federal Government reserves the right to impose the penalties of the
<br />Program Fraud Civil Remedies Act of 1986 on Consultant to the extent the Federal Government deems
<br />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 contract
<br />connected with a project that is financed in whole or in part with Federal assistance originally awarded by
<br />FHWA under the authority of 49 U.S.C. § 5307 et seq., the Government reserves the right to impose the
<br />penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307, et seq. on the Consultant, to the extent the Federal
<br />Government deems appropriate.
<br />c. Consultant agrees to include the above two clauses in each subcontract financed in whole or
<br />in part with Federal assistance provided by FHWA. It is further agreed that the clauses shall not be
<br />modified, except to identify the subcontractor who will be subject to the provisions.
<br />22. SUSPENSION AND DEBARMENT
<br />Consultant's signature affixed herein, shall constitute a certification under penalty of perjury
<br />under the laws of the State of California, that the Consultant has complied with Title 49, Code of Federal
<br />Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person
<br />associated therewith in the capacity of owner, partner, director, officer or manager, is not currently under
<br />suspension, debarment, voluntarily excluded, or determined ineligible by any federal agency within the
<br />past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted,
<br />or had a civil judgment rendered against it in a court of competent jurisdiction in any matter involving
<br />fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be
<br />disclosed to the City.
<br />23. DISCRIMINATION
<br />Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
<br />recruitment, selection, training, utilization, promotion, termination or other employment related activities.
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<br />25B-11
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