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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26, shall have the opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the DBE requirements of 49 C.F.R. 26 and City's DBE program apply to this contract as follows: (a) If Sub-Recipient makes use of any subcontractor, it will strive to meet the annual DBE goal by offering DBEs,as defined in 49 C.F.R.26, Subpart A,the opportunity to compete fairly for contracts and subcontracts. If subcontractors are used, DBE participation shall be reported monthly. (b) Sub-Recipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts. (c) The requirements in this Section 5.2 shall be included in any subcontract. (d) Failure to carry out the requirements set forth above shall constitute a material breach of this Agreement. 5.3 Sub-Recipient shall be solely responsible for the performance of all subcontractors and the fulfillment of all requirements of this Agreement. City has privity of contract with and will recognize only the Sub-Recipient. 5.4 Sub-Recipient shall assure that each of its subcontractors fully and properly perform their work under the subcontract. 5.5 Sub-Recipient agrees that this section does not operate to relieve it of any duty or liability under this Agreement, nor does it create any duty or liability on the part of City to any subcontractor. Sub-Recipient shall have sole responsibility for promptly settling any disputes between subcontractors and between Sub-Recipient and any subcontractor. Upon request of City, Sub-Recipient shall provide City with information regarding the status of any disputes involving any of its subcontractors. 5.6 Sub-Recipient shall pay its subcontractors on a timely basis, for and on account of work performed by such subcontractors, in accordance with the terms of the respective subcontracts and in accordance with applicable State and Federal law. Upon written request of City, Sub-Recipient shall provide City with information regarding the current status of payments to subcontractors, including the reasons for any non-payment. VI. ACCOUNTING AND AUDIT REQUIREMENTS 6.1 In compliance with applicable Federal laws,regulations, and directives, and except to the extent that FTA determines otherwise in writing, Subrecipient agrees as follows: (a) Sub-Recipient agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Sub-Recipient also agrees to