Res 2023-137R approving an Interlocal Agreement with Texas State University that: 1) provides a framework and processes under which the City and Texas State University will coordinate their transit systems and identify future Texas State University

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may be changed, from time to time, by the relevant federal funding agency. At no time does this Agreement require either Party to violate any of those terms and conditions promulgated by the federal funding agency. (c) This is a one-time Grant Award of Federal Funds by City to the Sub- Recipient and does not imply or obligate City to any future funding commitment beyond the schedule outlined in Exhibit B. Nothing in this Agreement limits or prohibits Sub- Recipient's right to seek and apply for additional local, State, or federal funding from whatever source. (d) Sub-Recipient shall provide the full amount required for the Project in the form of local match for the Federal Funds being provided in subsection (a). Sub-Recipient agrees to provide sufficient funds, together with the Federal assistance, that will assure payment of the actual cost of each Project activity covered by the FTA Grant Award. No local match funds provided shall be derived from receipts from use of Project facilities or equipment or other Federal funds. Sub-Recipient agrees to complete all proceedings necessary to provide the local share of the Project costs at or before the time the local share is needed for Project costs. Sub-Recipient also agrees to provide the proportionate amount of the local share promptly as it incurs Project costs or as Project costs become due. No refund or reduction of the local share may be made unless, at the same time, a refund of the proportional amount of the Federal Funds is made to the Federal Government. The Parties agree that Sub-Recipient has the right to braid Federal Funds under this Agreement, as permitted by FTA regulations. The Project Budget is attached hereto as Exhibit B. The Project Budget includes the total Project cost and Sub-Recipient's funding commitment,which may include alternative funding sources, including but not limited to Transportation Development Credits ("TDCs"). Prior to or concurrent with the City's release of funds to or for the benefit of Sub-Recipient, Sub-Recipient will provide a local match in an amount,manner, or form as described in Attachment B ("Project Budget"). The local match is intended to demonstrate Sub-Recipient's commitment to and sharing of risks with the City associated with implementation of the Project. TDCs may be used in lieu of the Sub-Recipient's local match. If the Project Budget includes the use of TDCs in lieu of a local match, Sub-Recipient will place an amount equal to the TDCs in an escrow account for the benefit of the City. A percentage of the escrowed funds shall be released to Sub-Recipient each year during the life of the Project according to the amortization schedule or method established under FTA Circular 5010.11). Sub-Recipient shall incur obligations and make disbursements of Project Funds only in accordance with and as authorized in the approved Project Budget. If Sub-Recipient estimates that it will have unobligated funds remaining after the end of the performance period of the Project, Sub-Recipient shall report this to City on or before the sixtieth (60th)day prior to the date of termination set out under this Agreement.