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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employment as a result of the Project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits allowed for by applicable Federal, State or local law or regulation. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause,or failure to work due to disability or discipline.The phrase"as a result of the Project"as used herein shall include events occurring in anticipation of,during, and subsequent to the Project. (f) In the event any provision of these conditions is held to be invalid or otherwise unenforceable, Sub-Recipient and the employees or their representatives may, to the extent applicable, invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. (g) Sub-Recipient agrees that any controversy respecting the Project's effects upon employees,the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. (h) Sub-Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. (i) Sub-Recipient agrees and understands that the funding received under this Agreement is subject to Section 13(c)labor protection requirements(49 U.S.C. § 5333(b)). Sub-Recipient agrees that it is bound by and will comply with the terms of 13(c)protections the Department of Labor applies to the certification of these funds and the terms of the Department of Labor's certification letter. SubRecipient will post, in a prominent and accessible place,a notice stating that Sub Recipient is a recipient of federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). The notice shall also specify the terns and conditions set forth herein for the protection of employees. 10.2 The Parties acknowledge that to the best of their knowledge and interpretation of this Agreement, the Project currently does not implicate the Federal Department of Labor(DOL) requirements of the Davis-Bacon Act.However,the Parties agree that to the extent the Agreement is found to so implicate or that any future amendment to the Agreement implicates such DOL requirements, the contractual requirements mandated under the DOL regulations at 29 C.F.R. Section 5.5 are hereby incorporated into and made a part of this Agreement. XI.MONITORING AND AUDITS 11.1 In addition to any other provision herein contained, City will monitor the progress of the Project authorized in this Agreement using appropriate and necessary inspections, including