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<br />representative of the CITY with a view toward securing the Agreement or securing favorable <br />treatment with respect to any determinations concerning the performance of the Agreement. <br />8. ACCESS AND RECORDS <br /> <br />CITY shall keep true and accurate accounts, records and books in performance of <br />this Agreement in accordance with generally accepted accounting principles. Unless <br />otherwise agreed in writing by the County Executive Officer, or designee, CITY shall <br />maintain separate accounting records for all funds received from COUNTY under this <br />Agreement. All accounting records and evidence pertaining to all costs of CITY shall be <br />kept available at CITY's office or place of business during duration of this Agreement and <br />thereafter for a period not less than five (5) years. CITY shall make all of its records <br />available to COUNTY upon request during regular business hours for the purpose of <br />evaluation or auditing and shall furnish clerical assistance for these purposes to COUNTY as <br />required. CITY agrees to impleme~t all accounting and/or record-keeping recommendations <br />made by COUNTY for all funds received from COUNTY under this Agreement. In the event <br />CITY does not make its books and financial records available to COUNTY, CITY agrees to <br />pay all necessary and reasonable expenses, including attorney's fees, incurred by COUNTY <br />in obtaining the records and conducting an audit or evaluation. <br /> <br />9. INDEMNIFICATION AND INSURANCE <br /> <br />CITY agrees to indemnify, defend with counsel approved in writing by <br />COUNTY, and hold COUNTY, its elected and appointed officials, officers, employees, <br />agents and those special districts and agencies for which COUNTY'S Board of Supervisors <br />acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, <br />demands or liability of any kind or nature, including but not limited to personal injury or <br />property damage, arising from or related to the performance provided by CITY pursuant to <br />this Agreement. If judgment is entered against CITY and COUNTY by a court of competent <br />jurisdiction because of the concurrent active negligence of COUNTY or COUNTY <br />INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined <br />by the court or jury. <br />CITY certifies that it has insurance coverage or self-insurance that is adequate to <br />cover all risks associated with the project. If it has insurance covering the project, CITY will <br />add COUNTY as an additional insured. <br /> <br />4 <br />