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 resolved by mediation, either Party may pursue its case in a court of competent jurisdiction. (f) Pending final resolution of a dispute under this Section, Sub-Recipient shall proceed diligently with the performance of its obligations under the Agreement (including those matters giving rise to the dispute); provided that the action of the Sub-Recipient in proceeding with such performance shall not prejudice its position in the dispute resolution process. 13.2 This Agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed by any Party and shall be cumulative. Venue for any proceedings at law or in equity shall be in a state court having jurisdiction in Hays County, Texas, or if in federal court, the United States District Court for the Western District of Texas, Austin Division. XIV. ROLLING STOCK The Parties understand and acknowledge that Sub-Recipient purchasing revenue service rolling stock with Federal Funds must ensure that pre-award and post-delivery audits are complete before the Sub-Recipient enters into a formal contract far the purchase of such rolling stock and after rolling stock is delivered to Sub-Recipient. Sub-Recipient agrees to perform such required pre-award and post-delivery audits and shall verify that the following certifications are on file with the Direct Recipient: (a) For Federal Funds involving capital expenditures related to rolling stock, Sub- Recipient shall obtain the following certifications: (1) Pre-Award and Post-Delivery 13u} America Certification. This certification states that the subrecipient maintains either a (i) FTA letter granting a waiver to the rolling stock to be purchased from Buy America requirements, or (ii) had an independent audit.The independent audit would ensure that the rolling stock purchase meets Buy America requirements. The subrecipient must maintain records that component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Pre-Award Purchaser's Requirements Certification.This certification is kept on file by the recipient and states that (i) the rolling stock the recipient is contracting for is the same product described in the purchaser's solicitation specification; and (ii) the proposed manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the recipient's specification set forth in the recipient's solicitation. (3) Post-Delivery Purchaser's Requirement Certification. This certification is kept on file by the recipient and states that a resident inspector (other than an agent or employee of the manufacturer) was at the manufacturing site throughout the period of manufacture of the rolling stock to be purchased and monitored and completed a report on Page 17 of 30