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<br />CITY shall be based upon submissions of the CITY'S certified invoice copies and <br />paid contractor estimates attachments. <br />12. Subsequent to contract award, any proposed change orders and supplemental <br />agreements shall be approved by the COUNTY and the FOOT prior to execution <br />by the CITY. Upon completion of the "Project", final construction contract costs <br />will be determined and certified by the CITY. The COUNTY'S financial <br />participation and disbursement of funds shall be adjusted accordingly, but in no <br />event shall the COUNTY'S contribution exceed $200,000. <br />13. The CITY shall be responsible for the inspection of the landscaping installation. <br />However, the CITY shall request a final inspection by the FOOT's Landscape <br />Architect and the COUNTY prior to the submittal of invoices for final payment. <br />Invoices shall include contract unit prices for "Project" limits. The contractor's <br />invoices shall be attached for backup. <br />14. The CITY shall maintain records of costs incurred under the terms of this <br />Agreement and make them available to the COUNTY'S and FOOT's auditors at <br />all times during the period of this Agreement, and for three (3) years after the <br />final payment is made. Copies of these documents and records shall be made <br />available to the COUNTY and/or FOOT within five (5) working days after receipt <br />of a written request from the COUNTY or FOOT. <br />15. To the extent permitted by law, the CITY shall indemnify and hold harmless the <br />COUNTY and FOOT, its officers and employees, from all suits, actions, claims of <br />liability arising out of the CITY'S negligent performance of the work under this <br />Agreement, due to the failure of the CITY to construct and maintain the "Project" <br />in conformance with the standards described in the Agreement and as stipulated <br />in the FOOT's Landscape Permit. <br />16. The CITY, as part of this Agreement, shall be responsible for the maintenance in <br />perpetuity of the landscape within the "Project" limits, including existing plant <br />materials, after the "Project" is completed. <br />17. The CITY shall remove or replace dead or diseased plant materials in their <br />entirety, or remove or replace those that fall below original "Project" standards, <br />with the exclusion of plant materials damaQed throuqh "Acts of God" and <br />automobile accidents. All plant materials removed or replaced for whatever <br />