Res 2019-025/approving an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation (CSJ Nos. 0016-09-040 and 0366-01-079), for the Guadalupe Street Improvements Project from University Drive to Grove Street,

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....................................................... CSJ # 0016-09-040 and 0366-01-079 CSJ # . ...... ........ District # ...... 1 4-AUS Code Chart64 # 37950 Project Name Loop 82 Improvement-Phase I 17. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of San Marcos Attn.: Director of Engineering 630 East Hopkins Street San Marcos, TX 78666 State: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11 th Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 18. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 19. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 20. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 21. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Page 9 of 12 AFA NonFed LongGen Rev. 11/20/2017