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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />s <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C-2-1640 <br />ARTICLE 6. 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 7. AVAILABILITY OF FUNDS <br />This Agreement will allow AUTHORITY to pass along the Federal Funds from the Federal <br />Grant to CITY. The Federal Funds are subject to the terms and conditions of this Agreement, the <br />Federal Grant, and the applicable requirements of AUTHORITY and the FTA. This Agreement <br />neither implies nor obligates any funding commitment by AUTHORITY for the services as specified <br />in Exhibit A. All funds are contingent upon federal appropriation and the FTA's approval of a grant <br />application. If a Letter of No Prejudice is issued by the FTA, CITY shall assume all the risk of <br />spending the Local Match early on in the PROJECT. <br />ARTICLE 8. 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 9. 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 />Page 8 of 12 <br />L CanYn\CLERICAL\CLERICAL\WORDPROC\AGREE\AG21630.doc <br />