2007/05/16 Council Agenda Packet

n Iy Pursuant to 40CRF32.110,the BORROWER shall require all contractors, subcontractors, engineers,vendors and any other entity receiving contracts for work listed in ATTACHMENT I: SCOPE OF WORK,to certify that the federal government has not suspended or debarred them from receiving federal funds. Suspension and debarment certification forms are available upon request from the BOARD. The BORROWER agrees to provide debarment and suspension documentation to the BOARD and to keep a copy on file with their project records. 4.14 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of thestate and federal governments shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the BORROWER and of persons, firms, or organizations with which the BORROWER may contract, involving transactions related to this project and this Agreement. The BORROWER agrees to retain these records for a period of six years from the date that the debt is retired. This includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 4.15 Reports The BORROWER, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Agreement including, but not limited to, quarterly progress reports, Small, Minority and Women Business Utilization Requirements, the Certified Closeout Amendment, and any other matters covered by this Agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.19. 4.16 Indemnification The BORROWER will defend, protect, indemnify,save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any,or all injuries to persons or tangible property, arising from the acts or omissions of the BORROWER or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the BORROWER, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. The BORROWER agrees that the BOARD is acting only as lender and is not directing or controlling its business as a manager,partner, owner,principal,or any other capacity. It is understood and agreed that no joint venture or partnership is formed as a result of this Agreement. 1 CITY OF EVERETT Page 7 4/24/2007