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<br />Attachment B <br /> <br />Project Title: STEP Wave <br />Subgrantee: Citv of San Marcos <br /> <br />I ARTICLE 11. TERMINATION <br /> <br />This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all servIces and <br />obltgations described herein and these have been accepted by the Department, unless: <br /> <br />. This Agreement is terminated in writing with the mutual consent of both parties; or <br /> <br />. There IS a written thirty (30) day notIce by either party; or <br /> <br />. The Department determines that the performance of the project IS not m the best mterest of the <br />Department and mforms the Subgrantee that the project IS terminated ImmedIately. <br /> <br />The Department shall compensate the Subgrantee for only those eligible expenses incurred during the <br />Grant Penod speCIfied on page 1 of this Grant Agreement which are directly attributable to the <br />completed portion of the work covered by this Agreement, prOVIded that the work has been completed in <br />a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be <br />reImbursed for any new oblIgations after the effective date of termmatIon. <br /> <br />ARTICLE 12. INSPECTION OF WORK <br /> <br />The Department and, when federal funds are involved, the US DOT, or any authorized representative <br />thereof, have the nght at all reasonable times to inspect or otherwise evaluate the work performed or <br />being performed hereunder and the premises in which It is bemg performed. <br /> <br />I <br /> <br />If any mspection or evaluation is made on the premises of the Sub grantee or ItS subcontractor, the <br />Sub grantee shall proVIde and reqUIre ItS subcontractor to provide all reasonable facilItIes and assIstance <br />for the safety and convemence of the inspectors in the performance of theIr duties. All inspectIons and <br />evaluations shall be performed m such a manner as will not unduly delay the work. <br /> <br />ARTICLE 13. AUDIT <br /> <br />The Subgrantee shall comply wIth the requirements of the Single AudIt Act of 1984, Public Law (PL) 98- <br />502, ensunng that the smgle audIt report includes the coverage stipulated In OMB CIrcular A-133, <br />"AudIts of States, Local Governments, and Other Non-Profit OrgamzatIOns." <br /> <br />The state auditor may conduct an audit or investIgatIOn of any entity receiving funds from the state <br />dIrectly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of <br />funds dIrectly under thIS Agreement or indirectly through a subcontract under thIS Agreement acts as <br />acceptance of the authority of the State AudItor, under the dIrectIOn of the legIslatIve audit commIttee, to <br />conduct an audIt or InvestIgatIOn m connectIOn with those funds. <br /> <br />ARTICLE 14. SUBCONTRACTS <br /> <br />The Sub grantee shall not enter mto any subcontract wIth mdIVIduals or orgamzatIOns not a part of the <br />Subgrantee's organization without prior written concurrence with the subcontract by the Department. <br />Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the <br />Sub grantee of Its responsibilIty under this Agreement. <br /> <br />I <br /> <br />ARTICLE 15. GRATUITIES <br /> <br />Texas TransportatIOn CommIsSIOn policy mandates that employees of the Department shall not accept <br />any benefit, gift, or favor from any person doing business with or who, reasonably speakmg, may do <br />business with the Department under this Agreement. The only exceptIOns allowed are ordmary busmess <br /> <br />Page 7 of 12 <br /> <br />TxDOT Form 1854 (rev 7/20/2004) <br />