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HomeMy WebLinkAboutNEW MEXICO HIGHLANDS UNIVERSITY 1A - 2016City of Sant- A 7 Clerk of the t_,unvd AGREEMENT TERMINATION FORM COTC Office Use Only 2120 F --- -g PH 3. 38 Please complete this form when the attached agreement and all CITY Q amendments (if any) are no longer in effect. CLERi 'ATA ANA COUNCILOF Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. i The agreement with No. `(7�OVt5— 005 was completed on V�.J0 and final payment has been made. (List all amendments. Use space below if needed.) Pr `act fs�- ac�S--o I _cZa L5--Ci0�;_ `6� Revised 08-23-10 Department: Li 19M.Yky Phone/Ext.: r� Signature: Date:! �, A- 2015 - 005 -01 p-4 x FIRST AMENDMENT TO CONSULTANT AGREEMENT INCORPORATING INSTITUTE wn is w ary � W � 0 =� OF MUSEUM AND LIBRARY SERVICES LEADERSHIP GRANT REQUIREMENTS r Ll THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT INCORPORATING cWSTITUTE OF MUSEUM AND LIBRARY SERVICES LEADERSHIP GRANT REQUIREMENTS ®z jwjlgreetnent ") is made and entered into this 14rh day of March, 2016, by and between New Mexico Highlands University (" Consultant") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California RECITALS A. On December 1, 2014, the City entered into Agreement #A -2015 -005 with Consultant to retain Consultant to conduct a serious of community memory workshops throughout New Mexico in connection with the Memories of Migration Project. These services are being funaded by a grant received by the City from the Federal Institute of Museum and Library Services. B. The Agreement provides for reimbursement of meal and beverage expenses and direct payment by the City to the travel provider for travel costs. C. The tern of the Agreement is for the period from December 1, 2014 . through September 30, 2017, and the Agreement remains in effect. D. The parties now wish to amend the Agreement to provide for reimbursement to the Consultant for travel costs 'instead of direct payment to the travel provider. The Parties therefore agree: Article 2.a., Compensation, is amended to read in its entirety: "Consultant will receive Forty Thousand Six Hundred. Thirty One Dollars ($40,631.00) for funds to be expended for salaries for AmeriCorp Interns and Teen Historians, and to purchase equipment required, to collect and archive community rnemory information. The City shall also pay reasonable travel costs (limited to transportation, airfaro and lodging, if any) for Consultant to perform. its services pursuant to this Agreement. Travel costs shall be reimbursed in a total amount not to exceed $3,400.44, upon receipt of proper documentation and subject to City ac000ming procedures. Such amount shall be included in the above - stated compensation.." 1 Except as modified by this First Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first written above. CITY OF SANTA ANA David, avazos City Manager CONSULTANT __ (,�, d✓✓6ate+ Namen �f„j " A ,a Title: Page Page oft ATTEST a:!1, Maria D. Huizar Clerk of Council APPROVED AS TO FORM J M. Funk Assistant City Attorney Pale 2 of 2 EVIDENCE OF COVERAGE MEMORANDUM NUMBER:RMD- EOC -FY16 (0130) This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage does not amend, extend, or alter the coverage afforded by the Tort Claims Act or the referenced insurance potic(ies) for the type(s) of coverage listed below. CERTIFICATE HOLDER INFORMATION INSURED: STATE OF NEW MEXICO LOSS PAYEE: TO WHOM IT MAY CONCERN and NEW MEXICO HIGHLANDS UNIVERSITY (AGENCY CODE U5700) Coverage Period: 12:01 AM 7/1/2015 to 12:01 AM 6/30/2016 This is to certify that the Insured has the coverage's listed below for the period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverage's indicated in this Evidence of Coverage are subject to all terms, exclusions, and conditions of the Certificates of Coverage and other insurance policy(s) to which this Evidence of Coverage pertains. Property and Liability Certificates of Coverage may be obtained at: http: / /www.gencralservices. state. nm. us / riskmanagement /certiricatessuretybonds.aspx Type of Coverage Limit of Liability /Coverage A) Liability 6`0$15,000,01 .00 Aggregate Limit i. General Liability syQ ii. Automobile Liability 2�\� iii. Law Enforcement iv. Civil Rights B) Workers Compensation ....................... \>lv utory Limit Q�G C) Property .................. ............................... $550,000,000.00 Limit i. Auto Physical Damage .......... ............................... Actual Cash Value (ACV) Boiler & Machinery ..... ............................... $100,000,000.00 Limit Fine Arts ................. ............................... $300,000,000.00 Per 66 -5 -207, NMSA 1978, - A motor vehicle owned by the United States Government, any state, or political subdivision of the state, is exempt from the Mandatory Financial Responsibility Act. Per 66- 6- 15(E), NNISA 1978, - A vehicle or trailer owned by and used in the service of the State of New Mexico or any county or municipality thereof need not be registered but must continually display plates furnished by the Transportation Services Division of the General Services Department. Should any of the above coverage's for the Covered Party be changed or withdrawn prior to the expiration date issued above, the State of New Mexico will notify the Certificate Holder, but failure of such notification shall impose no obligation or liability of any kind upon the State of New Mexico, its agents, or representatives, If you have any questions, contact: Authorized Representative: Date Issued: 6 -30 -2015 A.J. Forte, Director, Risk Management Division , GSD SUSANA MARTINEZ GOVERNOR ED BURCKLE CABINET SECRETARY AJ FORTE DIRECTOR RISK MANAGEMENT TO: ,�Y'E STgT� qfi GR, .�w III" fir` 3 A t �� isi2,•, °� State of New Mexico General Services Department Letter of Administration Issuing Certificates of Coverage Fiscal Year 2016 Beginning July 1, 2015 ADMINISTMTIVE SERVICES DIVISION (505) 827 -200D FACILITIES MANAGEMENT DIVISION )827 -2141 STATE PURCHASING DIVISION (505) 827 -0472 RISK MANAGEMENT DIVISION (505) 827 -0442 STATE PRINTING & GRAPHIC SERVICES BUREAU (SOS) 476 -1950 TRANSPORTATION SERVICES DIVISION (505) 827 -1958 All Public Entities Covered by the Risk Management Division under the Tort Claims Act and the Insurance on Public Buildings Act FROM: A.J. Forte, Director Risk Management Division (RMD) e(j�� State of New Mexico, General Services Department (GSD) �e FNe� LL) C7 SUBJECT: Letter of Administration Issuing Certificates of Coverage Description of and Type, Extent and Nature of aa, RMD Administered Insurance and Self Insurance Programs�`A PLEASE TAKE NOTICE: As authorized by Rule 1.6.5.8 of the New Mexico Administrative Code ( "Certificates of Coverage "), this Letter of Administration issues the Property and Liability Certificates of Coverage. The type, extent, and nature of the coverages extended under these Certificates of Coverage are set out in Rule 1.6.5 of the New Mexico Administrative Code, which is fully incorporated herein by reference. The Certificates of Coverage provide property and liability coverage to the extent required by the Insurance on Public Buildings Act (NMSA 1978, § 19 -5 -1 et seq.) and the New Mexico Tort Claims Act (NMSA 1978, § 41 -4 -1 et seq.). These Certificates of Coverage supersede and replace any and all prior certificates of coverage. The Certificates of Coverage are effective as of July 1, 2015. If any legal documents relating to a claim are presented to or served upon your agency or university, E -Mail to pae.claimsTi'state.nmms or fax to (505) 827 -2969 IMMEDIATELY to the attention of RMD's Property and Casualty Bureau. RMD will notify you as to availability of coverage and provide any special instructions. I I. NEW MEXICO TORT CLAIMS ACT MAXIMUM LIMITS (General Liability) Medical and Medically-Related Expense Per Occurrence $300,000.00 Bodily Injury Each Person (excludes medical expenses) $400,000.00 Bodily InjuKy Each Occurrence (excludes medical expenses) $750,000.00 Property Damage Per Occurrence $200,000.00 IL APPLICABLE DEDUCTIBLES (Per Occurrence) Property Real (Buildings) and Personal (Contents) $2500.00 Theft (All Property and Vehicles ) $5000.00 Personal Property of Others In Your Care $2500.00 Vehicles Owned, Hired, and Non -Owned $2500.00 Fine Arts $50,000.00 Boiler Mechanical Breakdown) $2500.00 As to the State of New Mexico Property Certificate of Coverage, specifically described coverages, exclusions, and dispute processes contained therein are the following: purpose and nature of the certificate, property covered, perils covered, coverage limits and deductibles, extensions of coverage, property excluded, perils excluded, valuation, payments to loss payee, duties of the governmental entity after a loss, coverage dispute, valuation dispute, other coverages, subrogation, and other conditions. If applicable the Property Certificate of Coverage also contains terms of: business interruption extra expense, tuition fees, and fine arts coverage. The exact terms and conditions of coverage are fully described in complete detail in the State of New Mexico Property Certificate of Coverage and those terms and conditions are controlling. Specifically described coverages, exclusions, and dispute processes contained in the State of New Mexico Liability Certificate of Coverage are the following: purpose and nature of the certificate, coverage defined, covered party, exclusions, conditions, and definitions (used in the certificate). The exact terms and conditions of coverage are fully described in complete detail in the State of New Mexico Liability Certificate of Coverage and those terms and conditions are controlling. Administrative FY16 a,� C This is an overview only of coverages. Refer to the Certificate of Coverage(s) for detailed terms and conditions. A. AIRCRAFT / DRONES RMD has secured aircraft policies for those agencies which have an exposure. This policy covers liability, medical, airfields /landing strips, and hull coverages. Aircraft traveling to Mexico must be pre - insured by the State before entering into Mexican airspace. RMD must be notified thirty days before the proposed trip. B. AUTOMOBLIE 1. State Owned Vehicles Coverage includes all State Agencies and Universities up to the limits required by the Tort Claims Act. In order to drive any licensed motor vehicle, an employee must be in compliance with state motor vehicle laws i.e., being licensed to drive in the State of New Mexico and being able to show financial responsibility (by having vehicle insurance as shown by a current and valid Evidence of Coverage) certificate issued by RMD. In addition, the employee must be in compliance with the State Motor Vehicle GSD rule 90 -202 (or its successor) if applicable and any other additional requirements of the employer, if any. 2. Employee Vehicles The State will provide secondary coverage up to the Tort Claims limit as described in the New Mexico Tort Claims Act but this will be excess of the employees' own vehicle coverage. The employee's personal automobile liability, collision and comprehensive policies are primary, including applicable deductibles to be paid by the employee. The State will only provide secondary coverage for remaining financial exposure, if any, up to the Tort Claims limit. RMD recommends agency confirms employee vehicle liability insurance. In the case of physical damage to an employee vehicle, the only claims to be submitted to RMD are losses exceeding the agency's vehicle deductible. Please submit documentation from the employee's supervisor certifying the employee was in the course and scope of duties at the time of the accident /incident. The agency will be responsible for the applicable deductible. e6 a Guel Administrative FY16 Rental Cars Liability coverage for rental vehicles is self - insured paid out of the Public Liability Fund administered by RMD. The State will provide coverage where the State or employee is responsible due to the Tort Claims Act and when the State is legally responsible. Physical damage for rental cars is covered under the Property Certificate of Coverage, subject to the applicable vehicle deductible. 4. Automobile — Uninsured, Underinsured, and Medical RMD does not provide uninsured, underinsured or medical payments coverage. 5. Automobile liability Coverage (Mexico) This coverage is provided through a Mexican Auto Insurance Policy purchased by RMD to provide coverage for agencies and universities traveling into Mexico via automobile on authorized state business. Automobile travel into Mexico must be reported to Risk Management prior to the trip. A maximum of eight vehicles at one time is allowed. Proof of insurance is required by requesting an "Evidence of Coverage" certificate from the Risk Management Property & Casualty Bureau. Claims made when no `Evidence of Coverage" certificate has been issued will be DENIED. C. GENERAL LIABILITY Coverage is provided through a combination of self - insurance under the Public Liability Fund administered by RMD and insurance policies purchased by RMD for all State Agencies and Universities tip to the limits of the Tort Claims Act (NMSA 1978, § 41 -4 -1 et seq.). D. MEDICAL MALPRACTICE LIABILITY This coverage relates to all authorized medical exposures whether hospital, clinic, infirmary, emergency medical services (including ambulance operations and treatment provided by emergency medical technicians) or doctors, nurses, dentists, pharmacists, technicians or other Medical Professionals. E. LAW ENFORCEMENT OFFICERS' LIABILITY This covers exposures relating to police, jailers, matrons, etc. for negligent acts in the course and scope of employment. eras u Administrative FY16 F. FOREIGN JURISDICTION EXCESS LIABILITY RMD carries excess liability coverage for claims arising out of occurrences in foreign jurisdictions that would not come under New Mexico's Tort Claims Act such as claims for accidents that happen in other states or countries. G. CIVIL RIGHTS LIABILITY COVERAGE This coverage does not include defense of criminal proceedings or payment of any type of lost wages, salaries or legal fees as damages or settlements. H. PROPERTY COVERAGE — Subject to applicable deductible and exclusions 1. Basic Coverage This covers State owned buildings, State owned contents, State owned miscellaneous items, and property of others in your care subject to the Insurance on Public Buildings Act, (NMSA 1978, § 19 -5 -1 et seq.), NOTE: RMD must be notified in writing of any new or newly acquired buildings to affect coverage. In addition, RMD must be informed of any buildings that have been vacated, demolished or disposed o£ Buildings vacant for more than six months are not insured by our excess property insurance carriers. 2. Buildings Under Construction Coverage RMD must be notified of any new construction of State owned buildings in excess of $500,000 prior to the initiation date of the contract. 3. Fine Arts This covers paintings, etching, drawings, (including their frames, glasses, and shadow boxes), rare books, manuscripts, rugs, tapestries, statuary and other verified works of art or rarity of historic value or artistic merit. This coverage is insured through insurance policies purchased by RMD. This standalone coverage is subject to a $50,000.00 deductible and is not covered by Public Property Reserve Fund. 4. Boiler (mechanical breakdown) Boilers are covered tinder a combination of self- insurance under the Public Property Reserve Fund administered by RMD and boiler insurance policies purchased by RMD. Our arrangements with the boiler insurance policy underwriters require the insuring company to make boiler inspections at all insured locations. Administrative FY16 lV6 I. SURETY BONDS The State provides coverage for all State agencies and their employees for bonded losses up to $500,000.00, subject to the applicable deductible. This coverage is self - insured through RMD and sloes not include employee theft or mysterious disappearance of agency personal property. J. HEALTH CARE STUDENT COVERAGE RMD extends coverage under the Public Liability Fund for health care liability to students currently enrolled in a health care instruction program through a governmental entity. K. COVERED COMMUNITY LAND GRANTS and SPECIAL DISTRICTS Coverage for Community Land Grants and Special Districts is contingent upon prompt payment of the premium assessment determined by the Director of the Risk Management Division. a. Community Land Grants: The General Services Department, Risk Management Division is authorized under Section 41 -4 -30 of the Tort Claims Act to issue a Certificate of Coverage to community land grants that are governed as a political subdivision of the State of New Mexico pursuant to 1978 NMSA, Chapter 49, Article 1. Coverage is extended per the terms and conditions of NMAC 1.6.6.1 et. seq. b. Special Districts: Special Districts organized pursuant to NMSA § 73 -2- 1 et.seq.; § 73 -9 -1 et.seq.;and § 73 -20 -1 et.seq, may apply to RMD for coverage as provided by enabling statutes. L. ADDITIONAL INSURED RMD will not identify anyone or any business as an additional insured or will RMD indemnify, hold harmless, or defend any 3`d party individual or business under RMD coverages. M. EVIDENCE OF COVERAGE Upon written request, RMD will issue an Evidence of Coverage certificate to any State Agency to show proof of insurance for liability and /or property coverage. N. CLAIMS (How to file) General Liability, Auto Liability, Property Coverage, Civil Rights, Medical Malpractice, Law Enforcement Officers Liability, Fine Arts, AirWO'Boiler, E -Mail to: pae. cla imsr'sta tem m.0 s vlAe� Administrative FY16 j \ar