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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monitor and may conduct fiscal and/or program audits of Sub-Recipient and its contractors under the terms of this Agreement. Representatives of City and/or the Federal Government shall have access to Project facilities, records and financial statements at all reasonable times relevant to this Agreement for these purposes, including those within the possession of any subcontractors. Sub- Recipient agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as City and/or the Federal Government deem necessary. - 6.3 Sub-Recipient agrees to maintain all documentation and materials relevant to this Agreement for a period as required by the appropriate retention statutes but in no case less than four(4) years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case Sub-Recipient agrees to maintain same until all such litigation, appeals, claims or exceptions related thereto have been conclusively resolved. VII. PROCUREMENT,PROPERTY AND EQUIPMENT STANDARDS 7.1 For any and all procurements associated with the Federal Funds under this Agreement (FTA Section 5307), Sub-Recipient shall meet or exceed all applicable procurement requirements that may include but not be limited to,49 C.F.R.Part 18.36 inclusive of the standard for competitive procurements;methods of procurement;contracting with small and minority firms, women's business enterprise and labor surplus area firms;contract cost and price;awarding agency review; insurance and bonding. Sub Recipient's procurement system must include, but not be limited to,the following procurement standards: (a) Procurement procedures must promote full and open competition while conforming to the applicable federal, State, and local laws and regulations. (b) A contract administration system that ensures that the contractor performs in accordance with the terms, conditions, and specifications of their contracts. (c) A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts under this Agreement.No employee,officer, or agency of Sub-Recipient shall participate in selection or in the award or administration of a contract supported by state or federal funds if there is a conflict of interest, real or apparent. (d) A process for review of proposed procurements to avoid purchase of unnecessary or duplicative services or items. (e) Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. (f) A mechanism to make awards to only responsible contractors possessing the ability to perform successfully under the terms and conditions of this Agreement. The mechanism should provide assurances regarding the contractor's integrity, compliance with public policy, record of past performance, and financial and technical resources.