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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not constitute the Federal Government's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Sub- Recipient of the terms of this Agreement. Sub-Recipient acknowledges that the Federal Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the Federal Government determines that City or Sub-Recipient is not entitled to receive any portion of the Federal assistance requested or paid, the Federal Government will notify City in writing, stating its reasons. Sub-Recipient agrees that Project closeout will not alter the Sub-Recipient's responsibility to return any funds due the Federal Government as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the Federal Government's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Unless prohibited by Federal law or regulation, the Federal Government may recover any Federal financial assistance made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal Government may have. (b) Sub-Recipient understands that the Federal Government may de- obligate unexpended Federal funds before Project closeout. (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 City deems necessary to comply with the 49 U.S.C. Sections 5307 grant requirements including but not limited 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 monthly and annual reporting. Sub-Recipient shall self-report to the National Transit Database the annual NTD report with NTD ID# 60269 (Full Report). 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.