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<br />Agreement No. 75A0242 <br />CITY OF SANTA ANA <br />Page 4 of 10 <br /> <br />b. Any document or written report prepared as a requirement of this FT A shall <br />contain, in a separate section preceding the main body of the document, the FT A <br />number. <br /> <br />c. CITY will provide a final written report to the DEPARTMENT's Contract Manager <br />within one hundred and twenty (120) days after Project completion. <br /> <br />8. Cost Principles <br /> <br />a. CITY agrees to comply with Office of Management and Budget Circular A-87, <br />Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform <br />Administrative Requirements for Grants and Cooperative Agreements to State and local <br />Governments. <br /> <br />b. Any Project costs for which CITY has received payment or credit that are <br />determined by subsequent audit to be unallowable under Office of Management and <br />Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to <br />repayment by CITY to DEPARTMENT. Should CITY fail to reimburse moneys due <br />DEPARTMENT within thirty (30) days of discovery or demand, or within such other <br />period as may be agreed in writing between the Parties hereto, DEPARTMENT is <br />authorized to intercept and withhold future payments due CITY from DEPARTMENT or <br />any third-party source, including, but not limited to, the State Treasurer, the State <br />Controller or any other fund source. <br /> <br />c. CITY agrees the Project may be included in the schedule of projects to be <br />examined in CITY's annual audit and in the schedule of projects to be examined under its <br />single audit prepared in accordance with Office of Management and Budget Circular A- <br />133. <br /> <br />d. Prior to CITY seeking reimbursement of indirect costs, CITY must prepare and <br />submit annually to the DEPARTMENT an indirect cost rate proposal and a central <br />service costs allocation plan (if any) in accordance with Office of Management and <br />Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). <br /> <br />9. Americans with Disabilities Act <br /> <br />By signing this FTA, CITY assures DEPARTMENT that CITY complies with the <br />applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which <br />prohibits discrimination on the basis of disability, as well as all applicable regulations and <br />guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.). <br /> <br />10. Indemnification <br /> <br />a. Nothing in the provisions of the Agreement is intended to create duties or <br />obligations to, or rights in third parties not a Party to this FT A, or to affect the legal liability <br />of either Party to this FT A by imposing any standard of care with respect to the operation, <br />maintenance and repair of intercity rail facilities different from the standard of care <br />imposed by law. <br /> <br />b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by CITY <br />under or in connection with any work, authority or jurisdiction delegated to CITY under <br />this FT A. It is understood and agreed that CITY shall fully defend, indemnify and save <br />harmless DEPARTMENT, its officers and employees from all claims, suits or actions of <br />