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HomeMy WebLinkAboutNEW MEXICO HIGHLANDS UNIVERSITY (3) - 2017City 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2120 F --- -g PH 3. 38 Please complete this form when the attached agreement and all CITY Q amendments (if any) are no longer in effect.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-2015-005-03 DEC .i d 2017 S CONDAMEND NT TO CQ SULTAN!.AGREEMENT WITH NEW MEXICO HIGHLANDS UNIVERSITY FOR INSTITUTE OF MUSEUM AND LIBRARY SERVICES 01 G NT "MEMORIES OF MI�iRATION" PR07ECT THIS SECOND AMENDMENT effective as of 2nd day of November, 2017, by and between New Mexico Highlands University (hereinafter "NMHU") and the City of Santa Ana ("City"), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. RECITALS A. The City is a recipient and grantee of the 2014 Federal institute of Museum and Library Services (IMLS) National Leadership Grant Program for its project "Memories of Migration" (hereinafter "the project"), As part of the grant, City as the Grant administrator has entered into Agreements for services related to the project with several government entities including NMHU. B. On December 1, 2014, City and NMHU entered into an Agreement for NWU to conduct a series of community memory workshops throughout New Mexico in connection with the project, As part of the Agreement, NMHU agreed to abide by the General Terms and Conditions for IMLS Discretionary Awards. C. On March 14, 2016, City and NMHU entered into a First Amendment to Agreement to provide for reimbursement to the NMHU for travel costs not to exceed $3,400.94 upon receipt of proper documentation instead of direct payment to the travel provider as provided in the original Agreement, D. On or about August 30, 2017, City andNMHU mutually agreed to extend the term of the Agreement for one year until September 30, 2018. E. In August 2017, NMHU requested a change to the Grant, NMHU no longer wanted to utilize reimbursement procedures for the equipment necessary to complete the project. Instead, NMHU asked the City to purchase the equipment directly and provide it to NMHU, F. City contacted IMLS to request permission to change the Grant procedures to purchase any equipment needed by NMHU up front. Permission was provided by IMLS, G. City and NrMEIU now mutually agree to amend the Agreement to provide that the funds allocated to NMHU for equipment, materials and supplies will be budgeted to the City. The City agrees to purchase the equipment and supplies for use in the project and provide the equipment to NMHU for use on the project. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set firth, the parties agree as follows: 1. Section 2, Compensation, will be amended to delete reference to "and to purchase equipment required to collect and archive community memory information." The K1 - amount NMHU receives will be reduced from $40,631.00 to $25,729.46. Subsection d will be added to Section 2 to read as follows: d. $14,901.54 of the funds originally allocated to NMHU for purchase of equipment required to collect and archive community memory information which have not been used to date will be budgeted to City. City will purchase equipment identified by NMHU as necessary to collect and archive community memory information provided such equipment is consistent with the project purpose, original intent of the Grant, Grant certifications, and general terms and conditions for IMLS Discretionary Awards. City will make the final determination regarding whether the equipment requested meets these purposes. City will provide the equipment to NMHU for use on the project, NMHU agrees to maintain the equipment and should it be requested, return the equipment to the grantor IMLS as outlined in the general terms and conditions for IMLS Discretionary Awards. 2. Subsection e,, will be added to Section-, Compensation, to read as follows: e. Time original grant from IMLS for the project included robotic equipment to be purchased by the City and utilized by all agencies participating in the proj ect. However, the vendor of the robotic equipment is no longer in business, City agrees to purchase robotic and/or STEM (Science, Technology, Engineering, and Math) equipment as outlined in the original grant for the project and to provide that equipment to NMHU for use on the project, NMHU agrees to maintain the equipment and should it be requested, retmum the equipment to the grantor IMLS as outlined in the general terms and conditions for IMLS Discretionary Awards, 3. Except as modified by this Second 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 Second Amendment to the Agreement the date and year first written above. Clerk of the Council CITY OF SANTA ANA Raul Godinez lI City Manager [Signatures continue on the following page] APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: aAte, ta' LVVL Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: "R---.-G->q":;:IL- Gerardo Monet Executive Director, Parks, Recreation and Community Services Agency NEW MEXICO HIGHLANDS UNIVERSITY By. Carol C. Linder, PhD I Interim Associate Vice Title: President for Academic Affairs and Research Office of Research and Sponsored Projects Office of Academic Affairs EVIDENCE OF COVERAGE MEMORANDUM NUMBER:RMD-EOC-FY18 This Evidence of Coverage is used as a matter of biforination 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 applicable Certificates of Coverage or policies for the type(s) ofcoverage listed below. CERTIFICATE HOLDER INFORMATION INSURED: STATE OF NEW MEXICO LOSS PAYEE: TO WHOM IT MAY CONCERN and NEW MEXICO HIGHLANDS UNIVERSITY (95700) Coverage Period: 12:01 AM 07/01/17 to 12:01 AM 07/01/10 This is to certify that the Insured has the coverages 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 coverages indicated in this Evidence of Coverage are subject to all terms, exclusions, and conditions of the Certificates of Coverage mid other insurance policy(s) to which this Evidence of Coverage pertains. Property and Liability Certificates of Coverage may be obtained at httn•Nvvww generaiscrviecs state nm us/riskmanaeemenUResources I asnx Type of Coverage Limit of Liability/Coverage A) Liability Statutory Limit NMSA § 41-4-19 i. General Liability ii. Automobile Liability iii. Law Enforcement iv. Civil Rights 2 Workers Compensation ....................1., tutory Limits NMSA § 52-1-1 et seq. C) Property... ......................... 0o,.... .... �j $550,000,000.00 Limit I. Auto Physical Damage ............... ` ........... Actual Cash Valise (ACV) Medical Malpractice ................................... Statutory Limit NMSA § 41-4-19 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), NMSA 1978, - A vehicle or trailer owned by and used in the service of the State of Nov 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 coverages 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 my questions, contact: Authorized Representative: �� N 6W�.�.� A Date Issued: 7-1-2017 Lara White Davis, Director, Risk Management Division, G d2°. ,