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 NOW THEREFORE, the Parties hereto severally and collectively agree, and by the execution hereof are bound,to the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described. 1.TERM AND COMPLIANCE 1.1 The initial term of this Agreement shall begin on 08/20/2024 and shall remain in effect until project is closed out, gone through a FTA Triennial review, and meet all federal requirements with no deficiencies_unless terminated or otherwise modified in a written amendment, signed by both Parties. Any cost incurred before or after the Agreement period shall be ineligible for reimbursement. Any Project funds not utilized by the termination date of this Agreement shall be automatically released from this Agreement and may be redistributed by City for its own Purposes, including but not limited to, making additional sub-awards. The Parties understand and acknowledge that the'term of this Agreement is dependent upon approval by the Transportation improvement Program ("TIP") and the Statewide Transportation Improvement Program ("STIP") per federal, State, and City requirements. This Agreement may be extended upon the Parties' mutual written agreement. 1.2 As a sub-recipient of Section 5307 funds (collectively, the "Federal Funding" or "Federal Funds"), the Sub-Recipient understands and agrees that receipt of such Federal Funding is contingent and conditioned on its compliance with all City and Federal requirements and that these requirements necessarily encompass all applicable Federal statutes, regulations, the terms and conditions of the Federal award as well as those set out in the FTA Master Agreement, as amended from time to time. The terms and conditions of the FTA Master Agreement are hereby incorporated herein and made a part hereof for all purposes as if fully set out. City will provide copies of any amendments to the FTA Master Agreement to Sub-Recipient when available to City. Any conflict between this Agreement and the FTA Master Agreement shall be resolved in favor of the FTA Master Agreement. Any violation of a Federal requirement by the Sub-Recipient can result in an enforcement action undertaken by FTA and termination of this Agreement by City and/or FTA. 1.3 The Sub-Recipient shall not represent itself as an agent or employee of City and has no authority to bind City in contract or otherwise. 1.4 The Sub-Recipient agrees to maintain sufficient legal, financial, technical, and managerial capacity to; (I) plan, manage and complete the Project and provide for the use of the Project services; (2) comply with the terms of this Agreement, the Approved Project Budget, and the Project schedule; and (3) comply with all applicable Federal laws, regulations and requirements, including but not limited to, FTA's Master Agreement,and the annual Certifications and Assurances to FTA. Sub-Recipient shall notify City as soon as possible but not more than thirty (30) clays after the occurrence of any change in conditions (including its legal, technical financial or managerial capacity),any change in local law, or any other event that may significantly affect the Sub-Recipient's ability to perform the Project in accordance with the terms of this Agreement. The Sub-Recipient shall provide immediate written notification to City and FTA of any current or prospective major dispute, breach, default, or litigation that may affect City's or Page 2 of 30