Res 2024-159 approving a Subrecipient Funding Agreement with Texas State University under which the city will pass through fiscal year 2022 section 5307 Federal Transit Administration (FTA)

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SUBAWARD NO,002 Project as required by 49 U.S.C. § 5325(9). XIII. DISPUTES 13.1 (a) General Requirement -- Any dispute arising under or related to this Agreement which is not disposed of by agreement between City and the Sub-Recipient shall be decided in accordance with the provisions of this Section, provided that, by mutual agreement, the matter may be taken immediately to any higher step in the dispute resolution process or to litigation. Pending final resolution of a dispute, Sub-Recipient shall proceed diligently with the performance of the Agreement, provided that the action of Sub-Recipient in proceeding with such performance shall not prejudice its position in the dispute resolution process. (b) Notice of Dispute--All disputes shall be initiated through a written dispute notice submitted by either Party to the other Party within ten (10) business days after the date the dispute first arises. Within fifteen(15) business days after delivery of the dispute notice, the receiving Party shall submit a written response to the other Party. The dispute notice and written response shall include; (1) a statement of the Party's position and a summary of the arguments supporting that position;(2)any evidence supporting the Party's position;and (3) the name of the person who will represent that Party and any other person who will participate in negotiations and/or dispute resolution. (c) Negotiation -- hollowing a dispute notice and response under subsection (b),the Parties shall first attempt in good faith to promptly resolve the dispute by discussion and negotiation between persons who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. The Parties shall meet at a mutually acceptable time and place within fifteen(15) business days after delivery of the dispute response,and thereafter as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information by one Party to the other shall be honored. (d) Second Level Review -- (1) If the dispute is not resolved within forty-five (45)business days after delivery of the dispute notice,either Party may submit the dispute (together with the dispute notice, the response, and any minutes from the subsection (c) process) to a two (2) person panel consisting of a member of the executive management team of City and an individual in a comparable executive position with the Sub-Recipient. j These two individuals shall meet within thirty (30)days after the date of the submittal and shall attempt to reach a fair and equitable resolution of the dispute. (3) If the two-person panel resolves the dispute, they shall issue a written decision that shall be administratively final and conclusive. If the panel is unable to resolve the dispute, either Party may proceed to mediation under subsection (e). (e) Mediation -- Any dispute which is not resolved by the Parties through the operation of the preceding provisions of this Section may be submitted by either party to mediation in accordance with the requirements of the Governmental Dispute Resolution Act, Chapter 2260, Texas Government Code. The mediator shall be mutually agreeable to 4 and selected by both Parties and each Party shall pay half the cost of the mediator. If not E Page 16 of 30