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 insurance contracts and Certificate(s)of insurance will contain the following required provisions: (a) Name City, its officers, and employees as additional insureds by endorsement as respects operations and activities of, or on behalf of, the named insured performed under contract with City, with the exception of the workers compensation; (b) Sub-Recipient's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by City for liability arising pursuant to matters under this Agreement; 16.8 Sub-Recipient shall notify City in the event of any notice of cancellation, noll- renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change,or ten(10)day notice for cancellation due to non-paylnent of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to City at the following address and identified as "Insurance for Sub-Recipienl Agreemen/ I Amy Cogdill Transit Manager 630 East Hopkins Street San Marcos, Texas 78666 16.9 if Sub-Recipient fails to maintain the aforementioned insurance or fails to secure and maintain the aforementioned endorsements, City may determine Sub-Recipient to be in default of this Agreement. 16.10 Nothing herein contained shall be construed as limiting in any way the extent to which Sub-Recipient may be held responsible for payments of damages to persons or property under this Agreement. 16.11 It is understood and agreed that the insurance required herein is in addition to and separate from any other obligation contained in this Agreement. 16.12 To the extent applicable,the insurance terms and conditions, as outlined in Article XVI, may be satisfied by and through a Sub-Recipient's self-insurance program. Self-insurance certificates showing the equivalent in coverage must be provided to City on or prior to the date this Agreement is signed by Sub-Recipient. XVII. COMPLIANCE WITH LAWS Sub-Recipient shall comply with all applicable federal, State, and local laws, statutes, ordinances, rules, regulations and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement. When required, Sub- Recipient shall furnish City with satisfactory proof of compliance therewith. XVIII. NON-COLLUSION Page 23 of 30