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1 <br />z <br />3 <br />4 <br />s <br />G <br />s <br />9 <br />to <br />11 <br />lz <br />13 <br />la <br />is <br />1G <br />17 <br />is <br />19 <br />zo <br />zl <br />22 <br />23 <br />24 <br />zs <br />2G <br />AGREEMENT NO. C -O -1812 <br />J. CITY is responsible for completing the PROJECT in accordance with the funding plan <br />(EXHIBIT A), timely use of funds requirements, and to abide by all TE programming guidelines, <br />State Transportation Improvement Program Guidelines, and any and. all other requirements of the <br />federal, state, and Caltrans related to the TE. <br />K. CITY agrees that cost savings shall be distributed proportionally with TE and local <br />funding. <br />ARTICLE 5. DELEGATED AUTHORITY <br />The actions required to be taken by CITY in the implementation of this Agreement are <br />delegated to its Director of Public Works, or designee, and the actions required to be taken by <br />AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY'S Chief <br />Executive Officer, or designee. <br />ARTICLE 6. AUDIT AND INSPECTION <br />AUTHORITY and CITY shall maintain a complete set of records in accordance with generally <br />accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized <br />representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, <br />and other data and records of CITY for a period of four (4) years after final payment, or until any on- <br />going audit is completed. For purposes of audit, the date of completion of this Agreement shall be <br />the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this <br />Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. <br />The above provision with respect to audits shall extend to and /or be included in construction <br />contracts with CITY's contractor. <br />ARTICLE 7. INDEMNIFICATION <br />A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, <br />employees and agents from and against any and all claims (including attorney's fees and reasonable <br />expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, <br />worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />Page 6 of 1 O <br />L: Camm\ CLERICAL \CLERICAL \WORDPROC WGREEWG01 B� 2 <br />