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AGREEMENT NO. C -0 -1812 <br />i J. CITY is responsible for completing the PROJECT in accordance with the funding plan <br />2 (EXHIBIT A), timely use of funds requirements, and to abide by all TE programming guidelines, <br />3 State Transportation Improvement Program Guidelines, and any and all other requirements of the <br />4 federal, state, and Caltrans related to the TE. <br />s K. CITY agrees that cost savings shall be distributed proportionally with TE and local <br />6 funding. <br />7 ARTICLE 5. DELEGATED AUTHORITY <br />s The actions required to be taken by CITY in the implementation of this Agreement are <br />9 delegated to its Director of Public Works, or designee, and the actions required to be taken by <br />10 AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief <br />ii Executive Officer, or designee. <br />12 ARTICLE 6. AUDIT AND INSPECTION <br />13 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally <br />14 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized <br />is representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, <br />16 and other data and records of CITY for a period of four (4) years after final payment, or until any on- <br />17 going audit is completed. For purposes of audit, the date of completion of this Agreement shall be <br />is the date of AUTHORITY's payment of CITY's final billing (so noted on the invoice) under this <br />19 Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. <br />20 The above provision with respect to audits shall extend to and /or be included in construction <br />21 contracts with CITY's contractor. <br />22 ARTICLE 7. INDEMNIFICATION <br />23 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, <br />24 employees and agents from and against any and all claims (including attorney's fees and reasonable <br />25 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, <br />26 worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />Page 6 of 10 <br />L: Camm1 CLERICALICLERICALIWORDPROCWGREElAG01812 <br />