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<br />D. <br /> <br />INSPECTION. Mn/DOT, the Federal Highway Administration, or duly authorized <br />representatives shall have the right to audit, evaluate and monitor the work performed <br />under this agreement, and shall have access to all books, records, and documents <br />pertaining to the work hereunder, for a minimum of six years. . <br /> <br />. <br /> <br />III. AUTHORIZED REPRESENTATIVES. Each authorized representative shall have <br />responsibility to insure that all payments due to the other party are paid pursuant to the <br />terms of this agreement. <br /> <br />A. The City's authorized representative for the purposes of administration of this <br />agreement is Terry J. Maurer, Elk River City Engineer, Howard R. Green <br />Company, 1326 Energy Park Drive, St. Paul, MN 55108, phone 651-644-4389, <br />or his successor. <br /> <br />B. Mn/DOT's authorized representative for the purposes of administration of this <br />agreement is Yvonne Crocker, Minnesota Department of Transportation, Division <br />of State Aid, Mail Stop 500, St Paul, MN 55155, phone 651-296-3014, or her <br />successor. <br /> <br />IV. LIABILITY. Each party shall be responsible for its own acts and the results thereof to the <br />extent authorized by law and shall not be responsible for the acts of any others and the <br />results thereof. City and Mn/DOT liability shall be governed by the provisions of the <br />Minnesota Tort Claims Act, Minnesota Statutes Section 3.376 and other applicable law. <br /> <br />. <br /> <br />V. <br /> <br />ASSIGNMENT. Neither the City nor Mn/DOT shall assign or transfer any rights or <br />obligations under this agreement without prior written approval of the other party. <br /> <br />VI. TERM OF AGREEMENT. This agreement shall be effective upon execution by the City, <br />Mn/DOT, and the appropriate State officials, whichever occurs later, and shall remain in <br />effect for three (3) years from the effective date or until all obligations set forth in this <br />agreement have been satisfactorily fulfilled, whichever occurs first. <br /> <br />VII. AMENDMENTS. Any amendments/supplements to this Agreement shall be in writing, <br />and shall be executed by the same parties who executed the original agreement, or their <br />successors in office. <br /> <br />VIII. CANCELLATION. <br />1. This Agreement may be canceled by the City or Mn/DOT at any time, with or <br />without cause, upon ninety (90) day's written notice to the other party. Such <br />termination shall not remove any unfulfilled financial obligations of the City as set <br />forth in this Agreement. <br /> <br />2. <br /> <br />In the event the State does not obtain funding from the Minnesota Legislature, or <br />funding cannot be continued at a sufficient level to allow for the processing of the <br />Federal aid reimbursement requests, the City may continue the work with local <br />funds only until such time as Mn/DOT is able to process the Federal aid <br />reimbursement requests. <br /> <br />. <br /> <br />(MnlDOT Agreement No. 79059) <br />Page 5 <br /> <br />N :\FedAid\ Y vonnelAgreemenlS\ 79059 .agr. wpd <br />