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MTC/City of San Leandro <br />Master Funding Agreement for FY 2021-22 to FY 2030-31 <br />Page 14 <br /> <br /> <br />and data for that period of time. If, as a result of any audit, it is determined by the auditor that <br />reimbursement of any costs including profit or fee under the applicable Supplement was in excess of that <br />represented and relied upon during price negotiations or represented as a basis for payment, AGENCY <br />agrees to reimburse MTC for those costs within sixty (60) days of written notification by MTC. <br /> AGENCY further agrees to include in all its subcontracts hereunder exceeding $25,000 a <br />provision to the effect that the subrecipient agrees that MTC the U.S. DOT, FTA or FHWA, as <br />applicable, the Comptroller General of the United States, the State of California, and their authorized <br />representatives shall have access to and the right to examine any directly pertinent books, documents, <br />papers, and records of such subrecipient for the term specified above. <br /> <br />10. FLY AMERICA REQUIREMENTS. <br /> AGENCY agrees to comply with 49 U.S.C. 40118 (the “Fly America Act”) in accordance with <br />the General Services Administration's regulations at 41 CFR Part 301 - 10, which provide that recipients <br />and subrecipients of Federal funds and their consultants are required to use U.S. flag air carriers for U.S. <br />Government-financed international air travel and transportation of their personal effects or property to <br />the extent such service is available, unless travel by foreign air carrier is a matter of necessity as defined <br />by the Fly America Act. AGENCY shall submit, if a foreign air carrier was used, an appropriate <br />certification or memorandum adequately explaining why service by a U.S. flag air carrier was not <br />available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate <br />of compliance with the Fly America requirements, if used. AGENCY agrees to include the <br />requirements of this Section in all subcontracts that may involve international air transportation. <br /> <br />11. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED <br />ACTS. <br />A. AGENCY acknowledges that the provisions of the Program Fraud Civil Remedies Act of <br />1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil <br />Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the <br />underlying contract, AGENCY certifies or affirms the truthfulness and accuracy of any statement it has <br />made, it makes, it may make, or causes to be made, pertaining to the underlying Supplement or the FTA <br />assisted project for which work is being performed under the applicable Supplement. In addition to <br />other penalties that may be applicable, AGENCY further acknowledges that if it makes, or causes to be <br />made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal <br />Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 <br />on AGENCY to the extent the Federal Government deems appropriate. <br />387