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9.F.c <br />5. ACCESS TO RECORDS AND REPORTS <br />The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to <br />provide the CITY, the Federal Aviation Administration and the Comptroller General of the United <br />States or any of their duly authorized representatives access to any books, documents, papers, <br />and records of the Contractor which are directly pertinent to the specific contract for the purpose <br />of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all <br />books, records and reports required under this contract for a period of not less than three years <br />after final payment is made and all pending matters are closed. <br />6. BREACH OF CONTRACT TERMS <br />Any violation or breach of terms of this contract on the part of the Contractor or their <br />subcontractors may result in the suspension or termination of this contract or such other action <br />that may be necessary to enforce the rights of the parties of this agreement. The duties and <br />obligations imposed by the Contract Documents and the rights and remedies available <br />thereunder shall be in addition to and not a limitation of any duties, obligations, rights and <br />remedies otherwise imposed or available by law. <br />7. TRADE RESTRICTION CLAUSE <br />The Contractor or subcontractor, by submission of an offer and/or execution of a contract, <br />certifies that with respect to this solicitation and any resultant contract, the Contractor — <br />1) is not owned or controlled by one or more citizens of a foreign country included in the list <br />of countries that discriminate against U.S. firms as published by the Office of the United <br />States Trade Representative (USTR); <br />2) has not knowingly entered into any contract or subcontract for this project with a person <br />that is a citizen or national of a foreign country included on the list of countries that <br />discriminate against U.S. firms as published by the USTR; and <br />3) has not entered into any subcontract for any product to be used on the Federal project <br />that is produced in a foreign country included on the list of countries that discriminate <br />against U.S. firms published by the USTR. <br />This certification concerns a matter within the jurisdiction of an agency of the United States of <br />America and the making of a false, fictitious, or fraudulent certification may render the maker <br />subject to prosecution under Title 18 USC Section 1001. <br />The Contractor must provide immediate written notice to the Owner if the Contractor learns that <br />its certification or that of a subcontractor was erroneous when submitted or has become <br />erroneous by reason of changed circumstances. The Contractor must require subcontractors <br />provide immediate written notice to the Contractor if at any time it learns that its certification was <br />erroneous by reason of changed circumstances. <br />Unless the restrictions of this clause are waived by the Secretary of Transportation in <br />accordance with 49 CFR 30.17, no contract shall be awarded to a Contractor or subcontractor: <br />1) who is owned or controlled by one or more citizens or nationals of a foreign country <br />included on the list of countries that discriminate against U.S. firms published by the <br />USTR or <br />2) whose subcontractors are owned or controlled by one or more citizens or nationals of a <br />foreign country on such USTR list or <br />Page 18 of 23 <br />Attachment: Engineering Consultant Agreement with Dibble Engineering, City Contract No. 2019-069 (2126 : Dibble Engineering Contract <br />Packet Pg. 223 <br />