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City of La Porte - Police Department <br />STEP -2017 <br />originally projected. <br />D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty <br />(30) days after completion of the grant. <br />ARTICLE 8. RECORDS <br />The Subgrantee agrees to maintain all reports, documents, papers, accounting records, <br />books, and other evidence pertaining to costs incurred and work performed under this <br />agreement (called the "Records"), and shall make the Records available at its office for the <br />time period authorized within the Grant Period, as specified in this Grant Agreement. The <br />Subgrantee further agrees to retain the Records for four (4) years from the date of final <br />payment under this agreement, until completion of all audits, or until pending litigation has been <br />completely and fully resolved, whichever occurs last. <br />Duly authorized representatives of the Department, the USDOT, the Office of the Inspector <br />General, Texas State Auditor, and the Comptroller General shall have access to the Records. <br />This right of access is not limited to the four (4) year period but shall last as long as the <br />Records are retained. <br />ARTICLE 9. INDEMNIFICATION <br />A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall <br />indemnify, hold, and save harmless the Department and its officers and employees from all <br />claims and liability due to the acts or omissions of the Subgrantee, its agents, or <br />employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, <br />and save harmless the Department from any and all expenses, including but not limited to <br />attorney fees, all court costs and awards for damages incurred by the Department in <br />litigation or otherwise resisting claims or liabilities as a result of any activities of the <br />Subgrantee, its agents, or employees. <br />B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to <br />protect, indemnify, and save harmless the Department from and against all claims, <br />demands, and causes of action of every kind and character brought by any employee of the <br />Subgrantee against the Department due to personal injuries to or death of any employee <br />resulting from any alleged negligent act, by either commission or omission on the part of <br />the Subgrantee. <br />C. If the Subgrantee is a government entity, both parties to this agreement agree that no party <br />is an agent, servant, or employee of the other party and each party agrees it is responsible <br />for its individual acts and deeds, as well as the acts and deeds of its contractors, <br />employees, representatives, and agents. <br />ARTICLE 10. DISPUTES AND REMEDIES <br />This agreement supersedes any prior oral or written agreements. If a conflict arises between <br />this agreement and the Traffic Safety Program Manual, this agreement shall govern. The <br />Subgrantee shall be responsible for the settlement of all contractual and administrative issues <br />arising out of procurement made by the Subgrantee in support of work under this agreement. <br />Disputes concerning performance or payment shall be submitted to the Department for <br />settlement, with the Executive Director or his or her designee acting as final referee. <br />2017-LaPorte-S-1YG-0037 Printed On: 9/20/2016 Page 8 of 36 <br />