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<br />H. AUDIT. <br /> <br />1. The City will comply with the Single Audit Act of 1984 and Office of <br />Management and Budget (OMB) circular A-l33 including amendments and <br />successors thereto, which are incorporated herein by reference. <br /> <br />2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, <br />records, documents, and accounting procedures and practices of the City are <br />subject to examination by the United States Government, MnlDOT, and either the <br />Legislative Auditor or the State Auditor as appropriate, for a minimum of six <br />years. The City will be responsible for any costs associated with the performance <br />of the audit. <br /> <br />1. MAINTENANCE. The City assumes full responsibility for the operation and <br />maintenance of any facility constructed or improved under this Agreement. <br /> <br />J. CLAIMS. The City will pay any and all lawful claims arising out of or incidental <br />to the performance of the Project work. The City acknowledges that MnlDOT is <br />acting only as the City's agent for receipt and disbursement of federal funds, and <br />not as a principal or co-principal with respect to the Project. In all events, the City <br />will indemnify MnlDOT and hold MnlDOT harmless from any claims arising out <br />ofthe Project. <br /> <br />II. DUTIES OF MnlDOT. <br /> <br />A. ACCEPTANCE. MnlDOT accepts designation as Agent of the City for the <br />receipt and disbursement of federal funds and will act in accordance herewith. <br /> <br />B. PROJECT ACTIVITIES. MnlDOT will make the necessary requests to the <br />FHW A for authorization to use federal funds for the Proj ect, and for <br />reimbursement of eligible costs pursuant to the terms of this agreement. <br /> <br />C. PAYMENTS. <br /> <br />1. MnlDOT will receive the federal funds to be paid by the FHW A for the Project, <br />pursuant to Minnesota Statutes 9 161.36, Subdivision 2. <br /> <br />2. MnlDOT will review and sign each partial pay request. Following certification of <br />the partial estimate, MnlDOT will reimburse the City, from said federal funds <br />made available to the Project, for each partial payment request, subject to the <br />availability and limits of those funds. <br /> <br />3. Upon completion of the Project, the City will prepare a final payment request in <br />accordance with the terms of this agreement. MnlDOT will review and certify the <br />final payment request with a [mal audit. <br /> <br />4. No more than 90% of the reimbursement due under this agreement will be paid <br />until completion of the final audit and approval by MnlDOT's authorized <br />Agreement no. 88036 <br /> <br />-6- <br />