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<br />Orange County Outside Agency Performance Agreement Page 8 of 13 <br />Rev.9/21 <br />or proposer further agrees to include a provision requiring such compliance in <br />its lower tier. <br /> <br />o. Access to Records. The following access to records requirements apply to this contract: <br /> <br />i. The Provider agrees to provide State of North Carolina, the County, the <br />FEMA Administrator, the Comptroller General of the United States, or <br />any of their authorized representative access to any books, documents, <br />papers, and records of the Contractor, which are directly pertinent to this <br />contract for the purposes of making audits, examinations, excerpts, and <br />transcriptions. <br /> <br />ii. The Provider agrees to permit any of the foregoing parties to reproduce <br />by any means whatsoever or to copy excerpts and transcriptions as <br />reasonably needed. <br /> <br />iii. The Provider agrees to provide the FEMA Administrator or his authorized <br />representative access to construction or other work sites pertaining to the <br />work being completed under the contract. <br /> <br />iv. In compliance with the Disaster Recovery Act of 2018, the County and <br />Provider acknowledge and agree that no language in this contract is <br />intended to prohibit audits or internal reviews by the FEMA <br />Administrator or the Comptroller General of the United States. <br /> <br />p. DHS Seal, Logo, and Flags. The Provider shall not use the DHS seal(s), logos, <br />crests, or reproductions of flags or likenesses of DHS agency officials without <br />specific FEMA pre-approval. <br /> <br />q. Compliance with Federal Law, Regulations and Executive Orders. This is an <br />acknowledgement that FEMA financial assistance will be used to fund all or a portion <br />of the Agreement. The Provider will comply with all applicable Federal law, <br />regulations, executive orders, FEMA policies, procedures, and directives.” <br /> <br />r. No Obligation by Federal Government. The Federal Government is not a party <br />to this Agreement and is not subject to any obligations or liabilities to the non- <br />Federal entity, Provider, or any other party pertaining to any matter resulting from <br />this Agreement. <br /> <br />s. Program Fraud and False or Fraudulent Statements or Related Acts. The <br />Provider acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for <br />False Claims and Statements) applies to the Provider’s actions pertaining to this <br />Agreement. <br /> <br />t. Severability. All clauses found herein shall act independently of each other. If a clause is <br />found to be illegal or unenforceable, it shall have no effect on the other provisions of this <br />Agreement. It is understood by the parties hereto that if any part, term or provision of this <br />Agreement is by the Courts held to be illegal or in conflict with any laws of the State of North <br />Carolina or the United States, the validity of the remaining portions or provisions shall not <br />DocuSign Envelope ID: 9C0D1243-D858-43C4-ADB1-456357F3F267