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HomeMy WebLinkAboutNEW MEXICO HIGHLANDS UNIVERSITY - 2014City 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2120 F --- -g PH 3. 38 Please complete this form when the attached agreement and all CITY Q amendments (if any) are no longer in effect.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:! 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 INS RANCC ON FILL; WORK MAY PROCEED UNTIL IN8URANCF FXPIRPS , _.. _... CLER•KQ COUNCIL a 1 -2 ►-1 _� 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) e^ 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 ,w,wea �y•. le e \jas S�SP�Pdcn�r p � 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 Die m 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. G P P 0' pR 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� �tRG�pJA�m�� P 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, by \-Ile\,WINN c vas 8 St�G�Pj pd��n' P 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 P Revised Effective 7/1/2013 \�JVaGI e.y6o ?I;x 10 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