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COOPERATIVE AGREEMENT NO. C-1-2447 <br />I reference, in all third party contracts. <br />2 N. To agree that M2 funding is subject to CITY meeting M2 eligibility requirements. <br />3 O. To be responsible for completing the PROJECT in accordance with EXHIBIT A <br />4 "FUNDING PLAN", timely use of funds requirements, FTA guidelines, and any and all other <br />5 requirements of the federal, state, or local agency requirements for FTA Section 5307 Funding and M2 <br />6 Funding programs. <br />7 P. To be responsible for immediately notifying the AUTHORITY in writing of any changes to <br />s the PROJECT schedule that would jeopardize funding of the PROJECT. <br />9 Q. To agree that the overall budget for this PROJECT is a not-to-exceed amount of Five <br />10 Million Five Hundred Forty One thousand and Seven Hundred Dollars ($5,541,700) and CITY shall be <br />11 the responsible for any cost overruns. <br />12 R. To contribute at least 10% of PROJECT costs as the required local contribution of <br />13 matching funds (other than Federal Funds), as specified in EXHIBIT A "FUNDING PLAN", toward <br />14 the actual costs of PROJECT. <br />15 S. To indemnify, defend and hold harmless AUTHORITY, its officers, directors, <br />16 employees and agents from and against any and all claims (including attorney's fees and reasonable <br />17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, <br />is worker's compensation subrogation claims, damage to or loss of use of property caused by the <br />19 negligent acts, omissions or willful misconduct by CITY, its officers, directors, employees or agents <br />20 in connection with or arising out of the performance of this Agreement. <br />21 ARTICLE 4. IT IS MUTUALLY UNDERSTOOD AND AGREED <br />22 All parties agree to the following mutual responsibilities regarding PROJECT: <br />23 A. Given the importance of ensuring PROJECT maintains eligibility for current and future <br />24 federal funding, AUTHORITY shall retain the right to be involved in the review of, provide input to, <br />25 and have final approval of all PROJECT documents that are submitted to FTA. <br />26 B. AUTHORITY shall retain the right to have their representatives be an integral and on- <br />Page 7 of 13 <br />25K-9