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<br />representative. <br /> <br />5. In the event MnlDOT does not obtain funding from the FHW A or other funding <br />source, or funding cannot be continued at a sufficient level to allow for the <br />processing of the federal aid reimbursement requests, the City may continue the <br />work with local funds only, until such time as Mn!DOT is able to process the <br />federal aid reimbursement requests. <br /> <br />D. AUTHORlTY. MnlDOT may withhold federal funds, where MnlDOT or the <br />FHW A determines that the Project was not completed in compliance with federal <br />requirements. <br /> <br />E. INSPECTION. MnlDOT, the FHW A, or duly authorized representatives of the <br />state and federal government will have the right to audit, evaluate and monitor the <br />work performed under this agreement. The City will make available all books, <br />records, and documents pertaining to the work hereunder, for a minimum of seven <br />years following the closing of the construction contract. <br /> <br />III. AUTHORIZED REPRESENTATIVES. Each authorized representative will 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 authorized representative for the purposes of administration of this <br />agreement is Terry Maurer, City of Elk River, Court International Building, 2550 <br />University Avenue West, Suite 400N, St. Paul, Minnesota 55114 or his successor. <br /> <br />B. MnlDOT's authorized representative is Lynnette Roshell, Minnesota Department <br />of Transportation, State Aid for Local Transportation, Mail Stop 500, St Paul, MN <br />55155, phone 651.282.6479, or her successor. <br /> <br />IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the <br />results thereof to the extent authorized by law and will not be responsible for the acts and <br />omissions of any others and the results thereof. The Minnesota Tort Claims Act, <br />Minnesota Statutes Section 3.736, governs MnlDOT liability. <br /> <br />V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this <br />agreement without prior written approval ofthe other party. <br /> <br />VI. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing <br />. and executed by the same parties who executed the original agreement, or their <br />successors in office. <br /> <br />VII. TERM OF AGREEMENT. This agreement is be effective upon execution by appropriate <br />State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect <br />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 />Agreement no. 88036 <br /> <br />-7- <br />