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<br />. <br /> <br />. <br /> <br />. <br /> <br />3. <br /> <br />During the performance of this agreement, the City, for itself, its assignees <br />and successors in interest, shall comply with Title VI of the Civil Rights Act <br />of 1964, as amended. Accordingly, 49 C.F.R. 21 through Appendix H and <br />23 C.F.R. 710.405 (b) are made a part hereof by reference with the same <br />force and effect as though fully set forth herein. <br /> <br />F. RECORDS. <br /> <br />1. The City shall perform work and shall maintain an accurate cost keeping <br />system as to all costs incurred in connection with the Acquisition, so as to <br />enable Mn/DOT to collect the federal aid sought by the City. <br /> <br />2. The City shall produce for examination all books, records, bills, invoices, <br />vouchers, receipts, correspondence, instruction, memoranda, of every <br />description pertaining to the work hereunder, or certified copies thereof if <br />originals be lost, at such reasonable time and place as may be designated by <br />MnlDOT or the Federal Highway Administration, or duly authorized <br />representatives, and shall permit extracts and copies thereof to be made. <br /> <br />G. CLAIMS. The City shall pay any and all lawful claims or demands of any kind or <br />nature whatsoever arising out of or incidental to the performance ofthe Acquisition <br />work, in the event that the federal government does not pay the same. In all events, <br />the City shall hold MnlDOT harmless from any claims arising out ofthis agreement. <br /> <br />H. <br /> <br />AUDIT. <br /> <br />1. The City shall comply with the Single Audit Act of 1984 and Office of <br />Management and Budget (OMB) circular A-133, and shall be responsible for <br />any costs associated with the performance ofthe audit. <br /> <br />2. As provided under Minnesota Statutes Section 16C.05, subdivision 5 (1998), <br />all books, records, documents and accounting procedures and practices ofthe <br />City are subject to examination by the United States Government, Mn/DOT, <br />and either the legislative auditor or the state auditor as appropriate, for a <br />minimum of six years. <br /> <br />I. OWNERSHIP/MAINTENANCE. <br /> <br />1. The City shall assume full responsibility for the maintenance and operation <br />of any real property acquired under this agreement. <br /> <br />2. The City shall neither sell nor allow a change in the use ofthe right-of-way <br />acquired under this agreement, without prior approval of Mn/DOT and the <br />Federal Highway Administration. <br /> <br />N:\FedAid\ YvonnelAgreements\ 79058.AGR. wpd <br /> <br />(Mn/DOT Agreement No.79058) <br />Page 4 <br />