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F. AUDIT. <br /> <br />The City will comply with the Single Audit Act of 1984 and Office of <br />Management and Budget (OMB) circular A-133 including amendments and <br />successors thereto, which are incorporated herein by reference. - <br /> <br />o <br /> <br />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, Mn/DOT, 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 />MAINTENANCE. The City assumes full responsibility for the ope~ation and <br />maintenance of any facility constructed or improved under this Agreement. <br /> <br />Ho <br /> <br />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 Mn/DOT is <br />acting only-as the City's agent for receipt and disbursement of federal funds, and <br />not as a principal or co-prin~:ipal with respect to the Project. In all events, the City <br />will indemnify Mn/DOT and hold Mn/DOT harmless from any claims arising out <br />of the Project. <br /> <br />DUTIES OF Mn/DOT. <br /> <br />ACCEPTANCE. Mn/DOT 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. <br /> <br />Mn/DOT will make the necessary requests to the FHWA for authorization to use <br />federal funds for the Project, and for reimbursement of eligible costs pursuant to <br />the terms of this agreement. <br /> <br />Mn/DOT will provide to the City copies of the required Federal-aid clauses to be <br />included in the proposal solicitation and will provide the required Federal-aid <br />provisions to be included in the proposal. <br /> <br />3. Mn/DOT will review and certifY the DBE participation and notify the City when <br /> certification is complete. <br /> <br />C. PAYMENTS. <br /> <br />1. Mn/DOT will receive the federal funds paid by the FHWA for the Project, <br /> pursuant to Minnesota Statutes § 161.36, Subdivision 2. <br /> <br />2. Mn/DOT will review and certify each partial pay request. Following certification <br /> of the partial estimate, Mn/DOT will reimburse the City, from said federal funds <br /> <br />Page 6 <br /> <br />(Mn/DOT Agreement No. 87240) <br /> <br /> <br />