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H.. AUDIT. <br /> 1. The City will comply with the Single Audit Act of 1984 and Office of <br /> Management and Budget (OMB) circular A-133 including amendments <br /> and successors thereto, which are incorporated herein by reference. <br /> 2. As provided under Minnesota Statutes.Section 16C.05, subdivision 5, all <br /> books; records, documents, and accounting procedures and practices of the <br /> City are subject to examination by the United States Government, <br /> Mn/DOT, and either the Legislative Auditor or the State Auditor as.- <br /> appropriate, for a minimum of six years. The'City will be responsible for <br /> any costs associated with the performance of the audit. <br /> I. MAINTENANCE. The City assumes full responsibility for the operation and <br /> maintenance of any facility constructed or improved under this Agreement. <br /> J. CLAIMS. The City will pay any and. all lawful claims arising out of or <br /> incidental to the performance of the Project(s) work. The City acknowledges <br /> that Mn/DOT is acting . only as the City's agent for acceptance and <br /> disbursement of federal funds, and not as a principal or co-principal with <br /> respect to the.Project(s). In all events, the City will indemnify Mn/DOT and <br /> hold Mn/DOT harmless from any claims arising out of the Project(s). <br /> II. DUTIES OF Mn/DOT. <br /> A. 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 /> B. PROJECT ACTIVITIES. <br /> 1. Mn/DOT will make the necessary requests to the FHWA for authorization <br /> to use federal funds for the Project(s), and for reimbursement of eligible <br /> costs pursuant to the terms of this agreement. <br /> 2. Mn/DOT will provide to the City copies of the required Federal-aid <br /> clauses to be included in the bid solicitation and will provide the required <br /> Federal-aid provisions to be included in the bid proposal. <br /> 3.. Mn/DOT will review and certify the DBE participation and notify the City <br /> when certification is complete. <br /> 4. Mn/DOT will provide the required.labor postings. <br /> (Mn/DOT Agreement No. 86533) <br /> N:\FedAid\DCP\2003 DCP agreement items\St. Anthony village BASE dcp AGREEMENT TEMPLATE.doc <br /> 2/6/04 Page 6 <br />