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C. No approval is necessary for nonprofessional or incidental <br /> . services such as reproduction, printing and other services <br /> provided by others. <br /> D. The value of the work performed by the CITY with its own staff <br /> or by pass through agreements with other public agencies shall <br /> not be less than fifty (50) percent of the Agreement amount, <br /> excluding special services. Special services are those not <br /> ordinarily furnished by the CITY. <br /> E. If subletting of any portion of this Agreement is proposed by <br /> the CITY, prior written approval of the DEPARTMENT, and FTA <br /> shall in no way relieve the CITY from prior responsibility for <br /> performance of the work. <br /> 17. R�lationshi� with Others. The CITY shall cooperate fully with the <br /> DEPARTMENT, municipalities, local government officials, transit <br /> operators and others as directed by the DEPARTMENT. It is <br /> understood that FTA shatl have access to the work performed and <br /> shall be furnished information as their interests may require. <br /> 18. Resnonsibility for Claims and Liabilitv. The CITY shall be <br /> responsible to pay for all labor, material , supplies and related <br /> costs incurred and for any and all damages to property or persons <br /> . arising out of the wrongful or negligent prosecution of the work <br /> under this Agreement and shall indemnify and save harmless the <br /> DEPARTMENT or other governmental agencies, their officials, agents <br /> and employees from all suit, claims,. actions or damages of any <br /> nature whatsoever resulting therefrom. These indemnities shall not <br /> be limited by the listing of any insurance coverage. <br /> 19. Settlement of Claims. In any case where the CITY deems that extra <br /> compensation will be due it for services or materials not covered in <br /> the Agreement nor ordered in writing by the DEPARTMENT as an extra, <br /> the CITY shall notify the DEPARTMENT in writing before it begins the <br /> work on which it proposed to base the claim. If such notification <br /> is not previously given or if the claimed costs are not separately <br /> and strictly accounted, the EITY hereby agrees to waive the claim <br /> for such extra compensation. However, such notice or accounting by <br /> the CITY shall not in any way be construed as proving the validity <br /> of its claim. <br /> 20. Dis�utes. In the event of a dispute in the interpretation of the <br /> provisions of this Agreement, such dispute shall be settled through <br /> negotiation between the liaison personnel of the signatory parties. <br /> In the event that agreement is not consummated at this negotiation <br /> level , the dispute will then be referred through proper <br /> administrative channels for a decision and ultimately, if necessary <br /> to the DEPARTMENT. The DEPARTMENT shall decide all claims, <br /> questions and disputes of whatever nature which are referred to it <br /> relative to the interpretation of the plans or the prosecution and <br /> fulfillment of this Agreement on the part of the CITY. The <br /> DEPARTMENT decision upon all claims, questions and .disputes shall be <br /> � final and conclusive. This shall not be construed to abrogate the <br /> CITY's right under law. <br /> -7- <br />