HomeMy WebLinkAboutNEW MEXICO HIGHLANDS UNIVERSITY - 2014City of Sant- A 7
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AGREEMENT TERMINATION FORM
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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amendments (if any) are no longer in effect.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
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Revised 08-23-10
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CONSULTANT AGREEME NT
INCORPORATING INSTITUTE OF MUSEUM
AND LIBRARY SERVICES (IMLS)
I LEADERSHIP GRANT REQUIREMENTS
THIS AGREEMENT, effective as of the I" day of December, 2014, by and between
New Mexico Highlands University (hereinafter "Consultant ") and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ( "City ").
RECITALS
A. The City desires to retain New Mexico Highlands University as a consultant to conduct
a series of community memory workshops throughout New Mexico in connection with
the Memories of Migration Project.
B. The City, as a recipient and grantee of the 2014 Federal Institute of Museum and
Library Services (LULLS) National Leadership Grant Program, desires to enter this
Agreement with the Consultant for the expenditure of grant funds in accordance with
the General Terns and Conditions for IMLS Discretionary Awards ( "IMLS Terms
and Conditions ") which can be found at:
littn: / /www.imis.gov /assets /l /assetmanager /gte 0414.pdf
C. Consultant represents that it is able and willing to provide such services to the City, and
will comply with the IM1,S Terms and Conditions.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
tarns and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall conduct a series of community memory workshops throughout New
Mexico to collect immigrants' experiences in its communities through collaboration with a
statewide network of public and tribal libraries. Consultant will 'facilitate numerous event tie -ins
with institutions across the state. It will add the products from these events to the project
website, Consultant will utilize an Exhibition Design class to create a traveling exhibition to be
used at these events, as further set forth in Exhibit A attached hereto and incorporated herein.
A- 2015 -O05
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CONSULTANT AGREEME NT
INCORPORATING INSTITUTE OF MUSEUM
AND LIBRARY SERVICES (IMLS)
I LEADERSHIP GRANT REQUIREMENTS
THIS AGREEMENT, effective as of the I" day of December, 2014, by and between
New Mexico Highlands University (hereinafter "Consultant ") and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California ( "City ").
RECITALS
A. The City desires to retain New Mexico Highlands University as a consultant to conduct
a series of community memory workshops throughout New Mexico in connection with
the Memories of Migration Project.
B. The City, as a recipient and grantee of the 2014 Federal Institute of Museum and
Library Services (LULLS) National Leadership Grant Program, desires to enter this
Agreement with the Consultant for the expenditure of grant funds in accordance with
the General Terns and Conditions for IMLS Discretionary Awards ( "IMLS Terms
and Conditions ") which can be found at:
littn: / /www.imis.gov /assets /l /assetmanager /gte 0414.pdf
C. Consultant represents that it is able and willing to provide such services to the City, and
will comply with the IM1,S Terms and Conditions.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
tarns and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall conduct a series of community memory workshops throughout New
Mexico to collect immigrants' experiences in its communities through collaboration with a
statewide network of public and tribal libraries. Consultant will 'facilitate numerous event tie -ins
with institutions across the state. It will add the products from these events to the project
website, Consultant will utilize an Exhibition Design class to create a traveling exhibition to be
used at these events, as further set forth in Exhibit A attached hereto and incorporated herein.
A- 2015 -O05
2. COMPENSATION
a. Consultant will receive Forty Thousand Six Hundred Thirty One Dollars ($40,631.00)
for funds to be expended for salaries for AmeriCorps Interns and Teen Historians, and to
purchase equipment required to collect and archive community memory information. The City
shall also pay reasonable travel costs (limited to transportation, airfare and lodging, if any) for
Consultant to perform its services pursuant to this Agreement; no travel costs will be reimbursed
to the Consultant as the City will be paying such listed costs directly.
b. The above - stated compensation to Consultant includes reimbursement by the City for
meals and beverages (no alcohol) in an amount not to not exceed $71 per day for up to nine (9)
days. Consultant shall submit a reimbursement request form with receipts to City staff in order
to be reimbursed, subject to City accounting procedures.
C. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on September
30, 2017, unless terminated earlier in accordance with Section 9, below. The Term of this
Agreement may be extended by a writing executed by the City Manager and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self-insurance programs maintained
by the City as evidenced by a separate Additional Insured Endorsement; and (c) contain standard
separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self- insurance. Prior to commencing
the performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
CONSULTANT'S OBLIGATIONS
A. Nondiscrimination.
Consultant must comply with the following nondiscrimination statutes and their implementing
regulations and must also comply with the requirements of any other nondiscrimination laws
which may apply:
(a) Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000 et seq.), which
prohibits discrimination on the basis of race, color, or national origin (note: as clarified
by Executive Order 13166, the applicant must take reasonable steps to ensure that limited
English proficient (LEP) persons have meaningful access to the applicant's programs (see
IMLS guidance at 68 Federal Register 17679, April 10, 2003));
(b) Section 504 of the' Rehabilitation Act of 1973, as amended (29 U.S.C. §701 et seq.
including §794), which prohibits discrimination on the basis of disability (note: MLS
applies the regulations in 45 CFR Part 1170 in determining compliance with Section 504
as it applies to recipients of Federal assistance);
(c) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681 -83,
§ 1685 -86), which prohibits discrimination on the basis of sex in education programs; and
(d) the Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. §6101 et
seq.), which prohibits discrimination on the basis of age.
B. Debarment and Suspension
Grantees are prohibited from doing business with any organization or person (as a
recipient, subrecipient, contractor, or key employee) if they have been debarred or suspended by
any Federal department or agency.
The OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonproeurement) contained in 2 CFR Part 180 and the corresponding IMLS regulations
contained in 2 CFR Part 3185 apply to IMLS grants.
4
The Consultant, as a primary tier participant, is required to comply with 2 CFR Part 180
subpart C (Responsibilities of Participants Regarding Transactions Doing Business with Other
Persons) as a condition of participation in the award. The Consultant is also required to
communicate the requirement to comply with 2 CFR Part 180 subpart C (Responsibilities of
Participants Regarding Transactions Doing Business with Other Persons) to persons at the next
lower tier with whom the Consultant enters into covered transactions.
C. Drug -Free Workplace
The Consultant must provide a drug -free workplace by complying with the requirements
in 2 CFR Part 3186 (Requirements for Drug -Free Workplace (Financial Assistance)). In
particular, the Consultant must comply with drug -free workplace requirements in subpart B (or
subpart C, if the recipient is an individual) of 2 CFR Part 3186.
This includes, but is not limited to: making a good faith effort, on a continuing basis, to
maintain a drug -free workplace; publishing a drug -free workplace statement; establishing a drug -
free awareness program for the Consultant's employees; taking actions concerning employees
who are convicted of violating drug statutes in the workplace; and identifying (either at the time
of application or upon award, or in documents the Consultant keeps on file in its offices) all
known workplaces under the Consultant's Federal awards.
D. Trafficking in Persons
The Consultant must comply with Federal law pertaining to trafficking in persons. Under
22 U.S.C. §7104(g), any grant, contract, or cooperative agreement entered into by Federal
agency and a private entity shall include a condition that authorizes the Federal agency (IMLS)
to terminate the grant, contract, or cooperative agreement if the Consultant, subgramee,
contractor, or subcontractor engages in trafficking in persons, procures a commercial sex act, or
uses forced labor. 2 CFR Part 175 requires IMLS to include the following award term, which is
made a part of these General Terms and Conditions:
a. Provisions applicable to a ,recipient that is a private entity
1. You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not -
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award
is in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2. The City, as the awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized
to terminate the award to have violated a prohibition in paragraph a.1 of
this award term through conduct that is either-
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and
due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB
Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by IMLS at
2 CFR Chapter XXXI, part 3185.
b. Provision applicable to a recipient other than a private entity
The City, as awarding agency, may unilaterally terminate this award, without
penalty, if a subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.1 of
this award term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.I
of this award term through conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our
agency at 2 CFR part 3185.
c. Provisions applicable to any recipient
1. You must inform the City immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph a.I of this award
teen.
2. The City has the right to terminate unilaterally that is described in paragraph
a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 ( "TVPA "), as amended (22 U.S.C. §7104(g)), and
ii. Is in addition to all other remedies for non - compliance that are available
to the City under this award.
3. You must include the requirements of paragraph a.I of this award term in any
subaward you make to a private entity.
D. Definitions
For purposes of this award term:
1. "Employee" means either:
L An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under
this award and not compensated by you including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity ":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the
definition of Indian tribe at 2 CFR 175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have
the meanings given at section 103 of the TVPA, as amended (22 U.S.C. §7102).
E. Federal Debt Status
The Consultant should not be delinquent in the repayment of any Federal debt.
F. Lobbying
The Consultant may not conduct political lobbying within the Federally- supported
project. In addition, the Consultant may not use Federal funds for lobbying specifically to obtain
awards, extensions, amendments, or other Federal actions. (31 U.S.C. §1352) Certain other
lobbying restrictions, such as the following, may also apply:
Lobbying Activities (Applies to Applicants Requesting Funds in Excess of $100,000) (31
U.S.C. § 1352). The following provisions remain in effect for the award:
(a) No Federal appropriated funds may be paid, by or on behalf of the Consultant, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person (other than a regularly employed officer or employee of the applicant, as provided in
31 U.S.C. § 1352) for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the Consultant shall complete and submit Standard Form LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions.
(c) The Consultant shall require that the language of the certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
In addition, no 1MLS grant funds shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, relating to any activity designed to influence
legislation or appropriations pending before the Congress or any State legislature. (P.L. 111 -117,
Division D, Title V General Provisions, sec. 503(b)).
8. ASSIGNABILITY
None of the duties of, or work to be performed by, Consultant under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of
City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to
City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant
pursuant to this Agreement.
9. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, Consultant shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination
B. This Agreement may be suspended or terminated by City upon five (5) days' written
notice for violation by Consultant of Federal Laws governing the use of the IMLS grant funds. In
the event of such suspension or termination, Consultant shall only be entitled to reimbursement for
approved expenses incurred up to the effective date of suspension or termination.
C. In the event Consultant defaults by failing to fulfill all or any of its obligations
hereunder, City may declare a default and termination of this Agreement by written notice to
Consultant, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such
default is cured before the effective date of termination stated in such notice. If terminated for
cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result
of the termination thereof, including the payment of money, except for payment for approved
expenses incurred for services satisfactorily and timely performed prior to the mailing or service of
the notice of termination, and except for rennbursement of (1) any payments made for services not
subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in
obtaining substitute performance.
10. VENUE /JURISDICTION
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
11. VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication
in the manner provided in this Section, to the following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988 .
Santa Ana, California 92702 -1988
Facsimile (714) 647 -6956
Copies to: Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 571 -4221
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647 -6515
To Consultant: New Mexico Highlands University
Linda La Grange, PhD.
Associate Vice President of Academic Affairs
1005 Diamond Street
Las Vegas, NM 87701
(505) 850 -9064
13. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages
to Agency in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise ally right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
10
IN WITNESS WHEREOF, the parties hereto have exeouted this Agreement the date and
year first above written.
ATTEST:
Maria D. t-tuizar
City Clerk
APPROVED AS TO FORM:
SONIA R., CARVALI10
City Attorney
By: /1✓ n s t
Lisa Storok
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Germ do MOUet /sAgency
Executive Director
Parks, Recreation
Community Servic
11
CITY OF SANTA
David Cavazc
City Manager
CONSULTANT
New Mexico Highlands University
By: 4� -
Linda La. Grange, MD.
Associate Vice President of Academic
Affairs
By: Prof. Miriam Langer
Media Arts &Technology
Pi
EXHIBIT A
SCOPE OF WORK
Memories of Migration Partners
New Mexico Highlands University (Consultant) will hire and train two AmeriCorps
Cultural Technology Interns, as well as a group of Teen Community Historians. Using the Santa
Ana Public Library developed jumpkit, Consultant will conduct a series of community memory
workshops throughout New Mexico, as well as facilitating numerous event tie -ins with
institutions across the state. Consultant will add the products from these events to the Memories
of Migration project website. Consultant will utilize an Exhibition Design class to create a
traveling exhibition to be used at these events. Consultant will provide reports and evaluations
as required by the Federal Institute of Museum and Library Services (IMLS) grant. For these
deliverables, New Mexico Highlands University will receive $40,631.00. Funds will be
expended for salaries for the AmeriCorps Interns and Teen Historians, and to also purchase
equipment required to collect and archive community memory information. Consultant will
provide $41,091.00 in cost sharing as required by the budget approved by IMLS.
12
EVIDENCE OF COVERAGE
MEMORAND1UMNUM.BER:RMD- EOC -FY15 (0130)
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. '['his Evidence
of Coverage does not amend, extend, or alter the coverage ufibrdeci by the Tor[ Claims Act or die reforeneed insurance pohe(ics) for thetype(s)
ofcoverage 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 7/1/2014 to 12:01 AM 6130/2015
'This is to certify that the insured has the coverage's listed below for the period indicated. Notwithstanding any requirement, tern
or condition or 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 terns, 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: htip:// www. gencralservices. st atc. ntn. us/ riskmanagement /certilicatessuretybonds.aspx
Type of Coverage
Limit of Liability /Coverage
A) Liability
$15,000.000.00 Aggregate Limit
i. General Liability
ii. Automobile Liability
iii. Law Enforcement
iv, Civil Rights
B) Workers Compensation ..............06'01 .....
Statutory Limit
0J \Q '
C) Property ..............................6 Z
$550,000,000.00 Limit
I. Auto Physical Datnage ............... .:V. \�C�'
Actual Cash Value (ACV)
D) Boiler& Machinery ............... YiV..�............
$100,000,000,00 Limit
Fine Arts ................. ...............................
$300,000,000.00
F) Medical Malpractice.. .................................
$1,050,000.00 Statutory Limit
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(1:), NMSA 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 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 any questions, contact:
Authorized Representative:
4
c
Date Issued:
6 -30 -2014
A.J. Forte, Director, Risk Management Division, GSD
SUSANA MARTINEZ
GOVERNOR
ED Br1RCKLE
CABINET SECRETARY
Aj EORTE
DIRECTOR
RISK MANAGEMENT
TO:
FROM
�` ra
State of New Mexico
Central Services Department
Letter of Administration
Issuing Certificates of Coverage
Fiscal Year 2015 Beginning July 1, 2014
A -2015 -ooS
ADMINISTRArIV5 SERVICES DIVIAInN
(305) 827 -2000
FACILITHA MANA08MONT DIVISWN
(503) 627 -2141
SW19 PUROHASINO DIVSAION
(305) 827-0473
R1SA MANAObMENT DMSION
(508)827 -0442
STATE PRI NTINC & GRAPHIC SAIMCHS DU RM
(505) 476-1780
TRANSPORTATION 58RVICIIS DIVISION
COS) 827 -1958
All Public Entitles Covered by the Risk Management Division under the
Tort Claims Act and the Insurance on Public Buildings Act
A.J. Forte, Director
Risk Management Division (RMD) eviewgd by
State of New Mexico, General Services Department (GSD)
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SUBJECT: Letter of Administration Issuing Certificates of Coverage Vas
Description of and Type, Extent and Nature of 5i�v��Ri�dm`n.
RMD Administered Insurance and Self Insurance Programs (�R�
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 A 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, § 414-1 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, 2014.
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 to the covered entity, the Property
Certificate of Coverage also contains terms of: combined business interruption extra expense
and 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.
For expediency, we have provided a brief synopsis below of the coverages afforded out client
agencies.
If any legal documents relating to a claim are presented to or served upon your agency or
university, send or fax (to (505) 827 -2969) to the attention of RMD's Property and Casualty
Bureau a copy of the document(s) immediately! Time is of the essence. In turn, RMD will
notify you as to availability of coverage.
If you have any questions, please call the Property and Casualty Bureau of the Risk Management
Division at (505) 827 -2036.
NM TORT CLAIMS ACT MAXIMUM LIMITS
$300,000 Medical and medically- related expenses per occurrence
$400,000 Bodily Injury each person
(excluding medical and medically - related expenses)
$750,000 Bodily Injury each occurrence
(excluding medical and medically- related expenses)
$200,000 Property Damages each occurrence
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1. AIRCRAFT
The State has aircraft policy(ies) purchased by RMD for those agencies which have an
exposure. This policy covers liability, medical, airfields /landing strips, and hull
coverages. This coverage is provided through an insurance policy purchased by RMD.
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,
2. AUTOMOBLIE LIABILITY
A. STATE OWNED VEHICLES
Coverage includes all State Agencies and Universities up to the limits required by the
Tort Claims Act. This covers the other persou(s) Bodily Injury or Property Damage
resulting from an at -fault auto accident. This is a State self- insured prograin paid directly
out of the Public Liability Fund administered by RMD. In order to drive any licensed
motor vehicle, an employee must be in compliance with state motor vehicle laws ix.,
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 or be able to post any required bond or cash deposit
in response to damages) as required by Section 66.5 -208 of the New Mexico Statutes. 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.
B. 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 policy is primary, including
applicable deductibles to be paid by the employee, and the State will only provide
secondary coverage for remaining financial exposure, if any, up to the Tort Claims limit.
If the employee is covered by union agreement with the State of New Mexico, please
refer to Item 14, below.
3. AUTOMOB.II,E - PHYSICAL DAMAGE; TO VEHICLE
State Owned Vehicles; The State self insures all State owned vehicles for Physical
damage with a $2,500 deductible for comprehensive and collision per occurrence to be
paid by the owner /agency and not by RMD.
4. AUTOMOBILE — NOT OWNED BY THE STATE
Liability coverage is Self- Insured paid out of the 'Public Liability Fund administered by
RMD. This includes leased, hired, rented, and also employee vehicles used in the scope
of duties. 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. Coverage is on an
excess basis. The Provisions of Item 2.13. above are fully incorporated herein. RMD
recommends that when employees rent cars from rental car companies that they do not
purchase any liability or physical damage coverage from the rental car agency if your trip
is for official State business only. RMD provides coverage if the State or State employee
is responsible for coverage. State General Services Department rental agreements often
make the rental car company(s) responsible for losses.
S. AUTOMOBILE — Uninsured or underinsured motorist coverage �evlewed
RMD does not provide uninsured or underinsured motorist coverage.
6. AUTOMOBILE — MEDICAL e Gue�aS
RMD does not provide any medical payments under the automobi cover%VF\ ,� (admt�'
7. AUTOMOBILE LIABILITY COVERAGE IN MEXICO p�F��
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
8.
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 at (505) 827 -0457. Claims made when no
"Evidence of Coverage" certificate lies been issued will be denied.
Covered under a combination of self insurance under the Public Liability Fund
administered by RMD and insurance policy(ies) purchased by RMD including all State
Agencies and Universities up to the limits of the Tort Claims Act. The purpose of the
General Liability coverage is to protect the State and its employees for negligent acts
which may result in a loss to the public arising from claims made in premises on or off
premises, and for claims made for authorized State operations, and will cover claims for
personal injury or Civil Rights exposures.
9. MEDICAL MALPRACTICE (Professional 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,
10. LAW ENFORCEMENT OFFICERS' LIABILITY (Professional Liability)
This covers exposures relating to police, jailers, matrons, etc, for negligent acts in the
course and scope o F employment.
11. WORKERS' COMPENSATION COVERAGE
Separate from the issued Property Certificate of Coverage and the issued Liability
Certificate of Coverage, RMD provides coverage consistent with the statutory obligation
of the State to provide workers' compensation benefits for State employees.
12.
Separate from the issued Property Certificate of Coverage and the issued Liability
Certificate of Coverage, RMD provides group benefits consistent with applicable statutes.
These coverages are offered to all State employees and their dependents. The State's
contributions for certain coverages are based upon an employee's salary, Employees
should contact their Agency Group Representative for further information. RMD is also
responsible for certain aspects of insurance payroll deductions under De�yrt of
Finance (DFA) rule number 84 -2, ;e� Of (�
13. STATE PROPERTY COVERAGE
A. BASIC COVERAGE a Cu�V�s
Covers state owned buildings, state owned contents and state ed in
Through a combination of self insurance paid out of the Publie Pro eserve Fund
and insurance policy(ies) to cover property claims, RMD's coverage is comprehensive in
nature and specifically designed for the needs of the State. Each agency is responsible
14.
for the first $1,000 of any loss. As of July 1, 1996 there will be a $5,000 deductible on
property thefts only. 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 of. Buildings vacant for more
than six months are not insured by our excess property insurance carriers.
13. MAJOR PROPERTY EXCLUSIONS
Unless specifically endorsed on to the policy, coverage is excluded for bulldozers and
other types of heavy equipment used for road construction, animal, crops, dams, tunnels,
and bridges. If coverage is needed, please contact RMD.
C. BUILDER'S RISI{ 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. :Excludes: landscape, excavation,
contractor's tools, etc. NOTE: a failure to report new construction will result in a denial .
of builder's risk coverage. Pursuant to Rule 1.4.1.11, "No contract... shall contain any
provision whereby a state agency agrees to indemnify or provide a contractor with
insurance for non -tort risks [including builder's risk insurance) unless the provision has
been approved in writing by LSD's risk management division.... Any indemnification or
insurance provision in any contract executed in violation of this section shall be void and
of no effect." Contact RMD if questions arise.
The agreement between the State of New Mexico, AFSCME and CWA states:
"Should employees, during the course of their duties, suffer damage to clothing or
personal effects, including a motor vehicle, which are necessary to do their job, the
Employer shall reimburse the reasonable cost, at actual market or depreciated
value, of repair or replacement of such items. This section shall not apply to wear
and tear and damage to personal effects normally associated with the work being
performed. Where damages result In whole or in part from an employee's own
negligence, the Employer shall not reimburse the employee for the proportion of the
damages that is equivalent to the employee's proportion of fault." The Risk
Management Division (RMD), General Services Department, will provide property and
auto physical damage coverage to provide for all requirements under Section 5 subject to
a $2,500 deductible per occurrence to the state agency, This is the same deductible
requirement that state agencies have now to pay the first $2,500 on any losses on
buildings, contents or state vehicles. There will be some budget impact on your agency
when employee losses occur since losses were not previously covered. The only claims
to be submitted to Risk Management Division are losses exceeding the agency's $2,500
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. Once
the degree of negligence is determined, Risk Management will reimburse the proportion
of damages and deduct the $2,500 from that proportion owed to the employee. D �}};
claims to vehicles parked will not be considered unless the State's negljbe \; e l tha, ) (7
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damage.
15. FINE AR'T'S COVERAGE
COVERAGE IS IN FORCE ONLY FOR STATE AGENCIES AND
UNIVERSITIES WHICH ADVISE RISK MANAGEMENT DIVISION OF
VALUES VIA ANNUAL SURVEYS. This section covers paintings, etching, drawings,
(including their frames, glasses, and shadow boxes), rare books, manuscripts, rugs,
tapestries, statuary and other bona fide works of att, or rarity, historic value or artistic
merit. There is a $2,500 deductible per occurrence to the agency. This coverage is
insured through a combination of self insurance paid out of the Public Property Reserve
Fund as administered by RMD and by insurance policy(ies) purchased by RMD,
A. COVERAGE INCLUDES:
11 Property of Insured;
2, Property of others on extended loan to the insured;
3. Property of others offered as gilts to the insured or for sale to the insured
and while awaiting formal acceptance by the Trustee;
4. The insured's interest in residuary gifts and jointly owned property, but
only to the extent of Insured's interest at the time of loss or damage.
All of the above (sub items 15.A,1 through 4) being part of and known as their
permanent collection while on exhibit or in transit within the states of the United
States, the District of Columbia and the Provinces of Canada. Property of the
insured or property of others loaned to the Insured and which the insured has been
instructed to insure. Covering said property on a "wall to wall" basis fiorn the
time said property is removed from its normal repository, incidental to shipment,
until returned from its normal repository, incidental to shipment, until returned
thereto or other point designed by the owner or their agent prior to return
shipment, including while in transit and while on exhibition or otherwise within
and between the states of the United States, the District of Columbia and the
Provinces of Canada.
5. If value of articles to be transported, regardless of type of carrier, exceeds
$1,000,000, Risk Management Division must be notified one month in
advance; lack of prior notification will result in a denial of the claim,
B. COVERAGE DOES NOT INCLUDE:
Wear and tear, gradual deterioration, moths, vermin, inherent vice or loss
or damages sustained due to or resulting from any repairing, restoration or
retouching process; hostile or warlike action, insurrection, rebellion 6jyiK-
war etc.
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2. Shipments by mail unless by registered first class mail or parcel post
provided such shipments by parcel post shall not exceed the sum of $2,500
in value, for this exposure coverage should be purchased from the post
office,
3. Loss or damage to property slopped under "on deck" Bills of Lading.
4. Loss by nuclear radiation or radioactive contamination, etc.
C. ADDITIONAL COVERAGES
Additional coverage is required for overseas exhibitions and extra transit
coverage. There must be at least one month's notice in writing to Risk
Management Division for any necessary additional coverage. If additional
coverage (value or transit) is required, there will be an additional charge.
16. BOATS COVERAGE
Liability coverage for operation of State -owned boats is as provided under Item 8 —
General Liability Coverage, Physical damage to boats is covered under the Property
coverage contained in Item 13 with a $2,500 deductible.
17. BOILERS COVERAGE
Boilers are covered tinder a combination of self insurance under the Public Property
Reserve fund administered by RMD and boiler insurance policy(ies) purchased by RMD.
Our arrangements with the boiler insurance policy underwriters requires the insuring
company to make boiler inspections at all locations. Please notify RMD if you need a
current inspection. Each govermnental agency is required to pay the first $2,500 per
occurrence per loss,
18. SURETY BOND AND MONEY & SECURITIES COVERAGE,
The State provides coverage for all State agencies and their employees for bonded losses
up to $2,000,000, There is a $2,500 deductible per agency per claim. Surety Bond
coverage is for faithful performance of duties by the employees. Money & Securities
coverage is for inside and outside theft of money or securities. This coverage is self
insured through RMD.
19. 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.
20. CIVIL RIGHTS LIABILITY COVERAGE
The coverage is included with Item 8, General Liability. Civil rights laws provide
protection against employment discrimination and protect the rights, r'v�y�? gas or
immunities secured by the Constitution and Laws of the United
Constitution and Laws of New Mexico. This coverage d*QA include det�
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criminal proceedings or payment of any type of lost wages or salaries as damages.
21. DEFINITIONS
Please note that defined terms may have different meanings in each of the various statutes
that apply to RMD and its coverages. Please refer to the applicable statute.
22. VOLUNTEER WORKERS
Whether working with or without pay, authorized volunteers are considered public
employees under the Tort Claims Act and have coverage under General Liability, Item 8,
for negligent acts done within the authorized "scope of duties" for the State or local
public body. Volunteers are not covered for workers' compensation (exception —New
Mexico Mounted Patrol and Game and Fish Department Reserve Conservation Officers),
23. ON- THE -JOB '.TRAINING
Students receiving on -the -job training through the auspices of covered public entities
should have their own Health Insurance and personal liability coverage, The public
entity is covered as provided in General Liability, Item 8. In some cases, on- the -job
training students are protected under employer workers' compensation if working for a
private business. A contract with a State agency or local public body may stipulate the
work site employer will furnish workers' compensation coverage. Contact RMD for
further information.
24. 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.
i'41
not identify anyone or any business as an additional insured.
26, INDEMNITY
RMD will not indemnify any individual or business under RMD coverages.
27. 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 or property coverage.
28. UNEMPLOYMENT COMPENSATION COVERAGE
As otherwise required by law, but separate from the issued Property Certificate of
Coverage and the issued Liability Certificate of Coverage, RMD administers the State's
unemployment compensation reserve funds as required by NMSA § 51 -1 -15 to provide
statutory benefits while the workers are unemployed through no fault of their own.
Voluntary resignation of a position does not qualify a worker for unemployment
compensation,
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29. STATE LOSS CONTROL PROGRAM
This program was created to aid in loss control programs, which are designed to help
State Agencies control insurable losses. RMD's Loss Control Bureau is tasked with
assisting agencies in compliance with the Loss Prevention and Control Rule (NMSA
1.6.4) to reduce, minimize or otherwise eliminate insurable loss. For additional
information, please call RMD at (505) 827 -2036 and ask to speak to the Loss Control
Bureau Cheif.
30. COVERED COMMUNITY LAND GRANTS and SPECIAL DISTRICTS
A. 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.
B. 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.
C. Sueeial 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. Coverage will b
31. CLAIMS
General Liability, Auto Liability, Property Coverage, Civil Rights, Medical Malpractice,
Law Enforcement Officers Liability, Fine Arts, Aircraft, Boiler, Surety Bond and Money
& Securities and Workers' Compensation mail to:
Risk Management Division, GSD
Property and Casualty Bureau
Joseph Montoya Building, Suite 2073
Post Office Box 6850
Santa Fe, New Mexico 87502 -0110
FAX: (505) 827 -2969
Mail Unemployment Compensation claims to:
Employment Security Department
PO Box 1928
Albuquerque, New Mexico 87103
Group health, Life, Accidental Death and Dismemberment, Disability, Dental, Pre-
paid Legal, Vision and Long Term Care: These are a combination of self insured and
insured plans. Some claims will be forwarded to you by the provider of service. Send
other claims to the address given in the coverage booklet, 0a by
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Revised Effective 7/1/2013
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Cuevas, Silvia
From:
Eberly, Cheryl
Sent:
Tuesday, April 14, 2015 9:31 AM
To:
Cuevas, Silvia; Escamilla, Manuel
Subject:
RE: Grant Follow up - Aditional Insurance Form
This is the same one. The State of New Mexico does not do additionally insured.
Since none of the work is done onsite at Santa Ana, I don't think this is necessary especially since they have all
the other insurance requirements. It may be best to contact Lisa Stork and Briza to advise. This is a State agency
that we are dealing with after all.
Cheryl
Sent Ii'um my Vernon l %- 12 e 4(i I I iiianphonc
-- - - - - -- Original message -- - - - - --
From: "Cuevas, Silvia" <SCucvas(a)santa- ana.org>
Date:04 /14/2015 9:23 AM (GMT- 08:00)
To: "Eberly, Cheryl" <CEberlvCtLsanta- ana.org>
Subject: RE: Grant Follow up - Aditional Insurance Form
This looks like the one I already have. Is this a different one previously sent (see attached) that didn't have additional
insured endorsement? Miriam mentions that "It specifies the naming of `additional insured' on page 8, number25"
From: Eberly, Cheryl
Sent: Tuesday, April 14, 2015 9:13 AM
To: Cuevas, Silvia
Subject: Fwd: Grant Follow up - Aditional Insurance Form
Here you go
Sem imm np Veriign W Imlea JG 1.11 m1a"phmw
-- - - - - -- Original message -- - - - - --
From: "Langer, Miriam E" <melan er &mnhu.edtu
Date:04 /14/2015 8:26 AM (GMT- 08:00)
To: "Escamilla, Manuel" <MEscamilla(c)santa- ana.org>, mimi.roberts(cbstate.tun.us
Cc: "Vigil- Juarez, Angela M" <angela va(tDnmhu.edu >, "Eberly, Cheryl" <CEberly a Santa- ana.org>
Subject: Re: Grant Follow up - Aditional Insurance Form
Hi Manny;
Attached is the document & email I sent to Cheryl on 2/9/15. Also, I sent Cheryl 2 signed originals from our end and I am not sure if
one was sent back to us. I have sent everything back to Cheryl that was requested, and here is the current Letter of Administration
from Risk Management for insurance coverage.
Dear Cheryl;
Attached is a letter from our director of purchasing and the current Letter of Administration from Risk Management for insurance