- 2 -
<br />issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as
<br />amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental
<br />Protection Agency.
<br />
<br />The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part
<br />with Federal assistance provided by FEMA.
<br />
<br />Access to Records and Reports
<br />
<br />All Contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with
<br />applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities,
<br />and staff.
<br />
<br />The Contractor agrees to provide the North Carolina Division of Emergency Management, the County, the FEMA
<br />Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any
<br />books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of
<br />making audits, examinations, excerpts, and transcriptions.
<br />
<br />The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
<br />and transcriptions as reasonably needed.
<br />
<br />The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or
<br />other work sites pertaining to the work being completed under the contract.
<br />
<br />No Obligation by Federal Government
<br />
<br />The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County, the
<br />Contractor, or any other party pertaining to any matter resulting from the underlying contract.
<br />
<br />The Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance.
<br />It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to its
<br />provisions.
<br />
<br />Program Fraud and False or Fraudulent Statements or Related Acts
<br />
<br />The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
<br />to the Contractor’s actions pertaining to this contract. Upon execution of the underlying contract, the Contractor certifies
<br />or affirms the truthfulness and 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 Federally assisted project for which this contract work is being performed. In
<br />addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be
<br />made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
<br />right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
<br />Government deems appropriate.
<br />
<br />The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
<br />submission, or certification to the Federal Government under a contract connected with a project that is financed in whole
<br />or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
<br />U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
<br />
<br />The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
<br />assistance. It is further agreed that the clauses shall not be modified, except to identify the sub-contractors who will be
<br />subject to the provisions.
<br />
<br />Changes
<br />
<br />11
|