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 (c) Sub-Recipient shall reimburse City for any expenditures not in compliance with this Agreement or any FTA requirement,or otherwise disallowed by FTA. In addition to any reimbursement request, on or before the twenty fifth (25th)of each month, Sub-Recipient shall submit, in a form acceptable to City, any and all data Cites deems necessary to commly with the 49 U.S.C. Sections 5307 grant requirements including but not Iimitecl_to Quarterly Financial and Milestone reporting and National Transit Database ("NTD")obligations. Sub-Recipient agrees to and shall fully cooperate with City in securing the required information for any and all required reporting periods that may include but not necessarily be limited to montlily_and annual retorting. Sub-Reci dent shall self re)ort to tl►e National Transit Database the annual NTD report with NTD ID#60269(Full ReLort). IV.AMENDMENTS All amendments to this Agreement must be in writing and be executed by both Sub- Recipient and City. A Party desiring an amendment must notify the other Party in writing before any changes to the Agreement are made by describing the revision and explaining the need. V. SUBCONTRACTORS 5.1 To the extent Sub-Recipient uses subcontractors for the Project, Sub-Recipient shall include all applicable Federal requirements in those contract terms, including any necessary provisions requiring such subcontractor to extend applicable requirements to its subcontractors to the lowest tier necessary. 5.2 Sub-Recipient understands that it is the policy of the United States Department of Transportation(USDOT)that Disadvantaged Business Enterprises (DBE),as defined in 49 C.F.R. 26, shall have the opportunity to participate in the performance of contracts financed in whole or in part with federal funds.Consequently,the DBE requirements of 49 C.F.R. 26 and City's DBE program apply to this contract as follows: (a) If Sub-Recipient makes use of any subcontractor, it will strive to meet the annual DBE goal by offering DBEs,as defined in 49 C.F.R.26, Subpart A, the opportunity to compete fairly for contracts and subcontracts. If subcontractors are used, DBE participation shall be reported monthly. (b) Sub-Recipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts. (c) The requirements in this Section 5.2 shall be included in any subcontract. (d) Failure to carry out the requirements set forth above shall constitute a material breach of this Agreement. 5.3 Sub-Recipient shall be solely responsible for the performance of all subcontractors and the fulfillment of all requirements of this Agreement. City has privity of contract with and will Page 7 of 30