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, P. roject: STP-~/400(641) TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missoud Highway and Transportation Commission (hereinafter, 'Commission") and the City of UNIVERSITY CITY, a municipal corporation in the State of Missouri, (hereinafter, "City"). WITNESSETH NOW, THEREFORE, in consideration of these mutual covenants, provisions, and representations, the parties agree as follows: (1) ~ The United States Congress has authorized in Section 1007 th of e Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, P.L. 102- 240, 23 U.S.C. Sec. 101, 104, and 133) funds to be used for transportation enhancement activities. The purpose of this agreement is to grant the use of such transportation enhancement funds to City. (2) Location: The transportation enhancement funds which are the subject of this agreement are for the project at the following location: Landscaping at the junction of 1-170 and Delmar. The general location of the project is shown on attachment marked "Exhibit A" and incorporated herein by reference. (3) Indemnification: CITY shall indemnify and save harmless the Commission from damages or claims for damages arising as a proydmate result to the negligence of CITY, its agency, employees, contractors or subcontractors, in connection with the herein contemplated improvements. It is the intent of the parties hereto that Commission is to assume no liability for the completion of the herein contemplated improvements; and, if the Commission should expend any funds in connection herewith for which it is not reimbursed by the United States Government, CITY will reimburse the Commission for the same. :- (4) AMENDMENTS: Any change tn the agreement, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of CITY and Commission. (5) COMMISSION REPRESENTATIVE: Commission's chief engineer is designated as Commission's representative for the purpose of administering the provisions of this agreement. (6) NONDISCRIMINATION ASSURANCE: W~th regard to work under this agreement, CITY agrees as follows: (A) Civil Rights Statutes: CITY shall comply with all state and federal statutes relating to nondiscrimination including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as any applicable titles of the Americans with Disabilities Act. In addition, if -1-