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 project so as to endanger its performance. Termination of any financial assistance for the Project will not invalidate obligations properly incurred by Sub-Recipient by the termination date, to the extent such obligations cannot be cancelled. If Sub-Recipient has failed to make adequate progress, failed to make appropriate use of the funds, or failed to comply with the terms of this Agreement, Sub- Recipient will implement and comply with any remedy required by FTA. (b) Sub-Recipient shall have the opportunity to cure a default within a period of sixty (60) days (or such longer period as City may authorize in writing) after receipt of written notice from City specifying the occurrence of such default. (c) Except as otherwise provided, settlement of claims under this termination clause shall be in accordance with the provisions set forth in 48 C.F.R. Part 49,as amended from time to time. (d) If a determination is made, either pursuant to a dispute resolution process or by a court of competent jurisdiction,that City's termination of this Agreement for default was improper or otherwise contrary to this Agreement, then that termination will automatically convert to a Termination by Convenience under Section 14.2, unless the Parties otherwise agree. (e) The rights and remedies of the Parties under this section are not exclusive and are in addition to any other rights and remedies they may have under this Agreement or applicable law. 15.2 This Agreement may be terminated by mutual agreement of the Parties. Such termination shall be effective in accordance with a written agreement by the Parties. 15.3 Neither Party shall be in default for failure in performance of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of the Party. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, Freight embargoes, and unusually severe weather. 15.4 The remedies of City under this Article are in addition to remedies and obligations Of Sub-Recipient under Article III, and Sub-Recipient shall not be relieved of any obligation to reimburse City pursuant to the requirements of Article III. XV. OPEN MEETINGS AND PUBLIC INFORMATION I Both Parties will comply with Texas Government Code, Chapters 551 and 552, regarding open meetings and public access to information. Each Party is responsible for reviewing and responding to records requests made under Texas Government Code, Chapters 55 l and 552. XVI. INDEMNIFICATION AND INSURANCE Page 19 of 30