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 16.5 Lisurance: (a) Sub-Recipient understands and agrees that, to the extent permitted by the laws and Constitution of the State of Texas, any and all directors, employees, agents, representatives of Sub-Recipient while engaged in the performance of any work for Sub- Recipient or any work related to this Agreement shall be considered directors,employees, agents, representatives of Sub-Recipient under any Workers' Compensation, Unemployment Compensation or Disability Benefits law or under any similar law. (b) On or before the Commencement date of this Agreement, Sub-Recipient shall furnish all original completed Certificates of Insurance and applicable endorsements to City which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limit, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) must have the agent's original signature, including the signer's company affiliation, title and phone number and be mailed directly to City. Certificates shall be provided for capital rolling stock once the vehicles purchased pursuant to this Agreement are delivered to Sub-Recipient and received from the manufacturer and all paperwork has been transmitted to Sub-Recipient. c City reserves the right to review the insurance requirements of this Article O Y g 1 during the effective period of this Agreement and any extension or renewal of the term thereof and to modify insurance coverage and their limits when deemed reasonably j necessary and prudent by City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement, but in no instance, will City allow modification whereupon City may incur increased risk. G (d) Sub-Recipient is self-insured under Texas Law, The Texas statutes i providing for this self-insurance are found in Chapter 104 of the Texas Civil Practice and Remedies Code and Chapter 2259 of the Texas Government Code. (e) Employees of Sub-Recipient are covered by the Worker Compensation Act For Texas State employees. The Texas statutes providing for this insurance are found in Chapter 501 of the Texas Labor Code. (f) For operational and maintenance projects and to the extent applicable, Sub- Recipient's financial integrity is of interest to City, therefore, subject to Sub-Recipient's right to maintain reasonable deductibles, Sub-Recipient shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Sub- Recipient's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and rated A-Vll or better by A.M. Best Company or otherwise acceptable to City, in the types and amounts with limits of liability not less than the following: (1) Workers' Compensation Insurance: Sub-Recipient is self-insured Page 21 of 30 it