Res 2018-100/authorizing the execution of an Advance Funding Agreement with the State of Texas, acting through the Texas Department of Transportation (CSJ No. 0914-33-078), for construction of a multi-use bike and pedestrian trail to begin east of the Ho

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Tx0OT: Federal Highway Administration: CSJ# 0914-33-078 CFDA No. 20.205 District it 14-Austin CFDA Title Highway Planning and Construction Code Chart 64# 37950-City of San Marcos Project Name San Marcos River Shared Use AM Not Used For Research 6 Development Path Local Government will make payment to State within 30 days from receipt of State's written notification. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the"Texas Department of Transportation". The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. J. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party. K. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. L. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re-plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. M. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contractor subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement ads as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. N. State will not pay interest on any funds provided by Local Government. 0. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. P. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. a If Local government is an Economically Disadvantaged County (EDC) and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: Page 4 of 18 AFA-AFA_TASA_LF Rev 03/16/18