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AGREEMENT NO. C-0-1812 I J. CITY is responsible for completing the PROJECT in accordance with the funding plan 2 (EXHIBIT A), timely use of funds requirements, and to abide by all TE programming guidelines, 3 State Transportation Improvement Program Guidelines, and any and all other requirements of the 4 federal, state, and Caltrans related to the TE. 5 K. CITY agrees that cost savings shall be distributed proportionally with TE and local 6 funding. 7 ARTICLE 5. DELEGATED AUTHORITY s The actions required to be taken by CITY in the implementation of this Agreement are v delegated to its Director of Public Works, or designee, and the actions required to be taken by 10 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 11 Executive Officer, or designee. 12 ARTICLE 6. AUDIT AND INSPECTION 13 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 14 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 15 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, 16 and other data and records of CITY for a period of four (4) years after final payment, or until any on- 17 going audit is completed. For purposes of audit, the date of completion of this Agreement shall be is the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this 19 Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. 20 The above provision with respect to audits shall extend to and/or be included in construction 21 contracts with CITY's contractor. 22 ARTICLE 7. INDEMNIFICATION 23 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 24 employees and agents from and against any and all claims (including attorney's fees and reasonable 25 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, 26 worker's compensation subrogation claims, damage to or loss of use of property alleged to be Page 6 of 10 L Camm\CLE RICAL\CLERICAL\MROPROCAGREE%AGO1812 20B-8