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 Federal Government's interest in the Project or the Federal Government's administration or enforcement of Federal laws or regulations and shall also inform City and rrA in writing before naming the Federal Government as a party to litigation.The Sub-Recipient agrees and Understands that the FTA retains a right to concur in any compromise or settlement of any claim involving the Project, The Parties agree and Understand that any given term under this Agreement cannot be extended past the time-period of the Grant Award from which the funding is originating, II. PROJECT DESCRIPTION Sub-Recipient has submitted and shall be responsible for implementing and completing the project as described in Exhibit A,a copy of which is attached hereto and incorporated herein for all purposes, III. FUNDING 3.1 (a) To the extent City receives Section 5307 funds for the Project, City shall reimburse Sub-Recipient for its eligible expenses as designated in the Budget as described on Exhibit B, a copy of which is attached hereto and incorporated herein for all purposes, for the entire Grant Award for this Project, subject to the requirements set out in Article 1 and other provisions of this Agreement. City shall transfer the FTA Funds for the Project to Sub-Recipient on a reimbursement basis only, (b) Sub-Recipient understands that the Federal Funds to be provided Under this Agreement are contingent upon FTA's approval of the grant application and are subject to the Federal lapsing requirements, as defined or explained in FTA ClrcUlar 9030,1 E (Urbanized Area Formula Program). City assumes no responsibility for funding any portion of the Project. This Agreement and the obligations of the City under it are subject to City's receipt of Federal Funds adequate to carry out the provisions of this Agreement. City may cancel the Project and associated work if both Parties determine that there will be a lack of adequate funding available for the Project, In such event, the Parties shall notify the other in writing within forty-five (45) days in advance of the date that such cancellation is effective, and the cancellation shall be treated as a termination for convenience as provided herein. Neither City nor Sub-Recipient is responsible for providing any funding to substitute for the Federal funds in the event a grant is withdrawn, local funding is not available, or not otherwise provided for any reason, The Parties understand and acknowledge that funding from federal sources is required to be spent down according to the terms and conditions promulgated by the relevant federal funding agency, The Parties understand and acknowledge that such terms and conditions 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 Page 3 of 30