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<br />Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
<br />the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
<br />statement it has made, it makes, it may make, or causes to be made, pertaining to the
<br />underlying contract or the FTA assisted project for which this contract work is being performed.
<br />In addition to other penalties that may be applicable, the Contractor further acknowledges that if
<br />it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
<br />certification, the Federal Government reserves the right to impose the penalties of the Program
<br />Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
<br />appropriate.
<br />(2) The Contractor also 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, the Government reserves the
<br />right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor,
<br />to the extent the Federal Government deems appropriate.
<br />(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole
<br />or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
<br />be modified, except to identify the subcontractor who will be subject to the provisions.
<br />2.25 CONTRACT TERMINATION
<br />a. Termination for Convenience (General Provision) The City may terminate this contract, in
<br />whole or in part, at any time by written notice to the Contractor when it is in the Government's
<br />best interest. The Contractor shall be paid its costs, including contract close -out costs, and profit
<br />on work performed up to the time of termination. The Contractor shall promptly submit its
<br />termination claim to City to be paid the Contractor. If the Contractor has any property in its
<br />possession belonging to the City, the Contractor will account for the same, and dispose of it in
<br />the manner the City directs.
<br />b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
<br />deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
<br />services, the Contractor fails to perform in the manner called for in the contract, or if the
<br />Contractor fails to comply with any other provisions of the contract, the City may terminate this
<br />contract for default. Termination shall be effected by serving a notice of termination on the
<br />contractor setting forth the manner in which the Contractor is in default. The contractor will only
<br />be paid the contract price for supplies delivered and accepted, or services performed in
<br />accordance with the manner of performance set forth in the contract. If it is later determined by
<br />the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or
<br />flood, events which are not the fault of or are beyond the control of the Contractor, the City,
<br />after setting up a new delivery of performance schedule, may allow the Contractor to continue
<br />work, or treat the termination as a termination for convenience,
<br />c. Opportunity to Cure (General Provision) The City in its sole discretion may, in the case of a
<br />termination for breach or default, allow the Contractor 30 days in which to cure the defect. In
<br />City of Sunny Isles Beach I Request for Proposal No. 12 -07 -01
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