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HomeMy WebLinkAboutSweetwater Union High School - MuralAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER HIGH SCHOOL FOR THE LOAN OF THE PUEDO MURAL THIS AGREEMENT is entered into this 15` day of August, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SWEETWATER HIGH SCHOOL, a secondary school ("SUHI"). RECITALS WHEREAS, the CITY owns the P.U.E.D.O. Mural and SUHI seeks to display the Mural at its new library; which is located on 2900 Highland Ave. National City, California 91950. WHEREAS, the CITY and SUHI desire to enter an agreement wherein the CITY loans SUHI the P.U.E.D.O. Mural to be displayed at the SUHI Library. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. Loan of Mural. The CITY hereby agrees to loan SUHI the P.U.E.D.O. Mural ("Mural") and SUHI hereby agrees to accept the loan and display the Mural in accordance with all terms and conditions contained herein. SUHI represents that all services required hereunder will be performed directly by SUHI or under direct supervision of SUHI. 2. Display of Mural. SUHI shall display the P.U.E.D.O. Mural in its new library located at 2900 Highland Avenue, National City, CA 91950. SUHI shall be responsible for the Mural in all manner, including any damage, while the Mural is in SUHI's possession. 3. Project Coordinators. Armando Vergara hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. SUHI shall assign a single Project Director to provide supervision a,nd have ove all responsibility for the progress and execution of this Agreement. /`t X ("a e thereby is designated as the Project Director for SUHI. 4. Compensation. CITY agrees to loan the Mural to SUHI for display at the new Library for no compensation. SUHI agrees to accept all responsibility for and over the Mural, including maintenance, repair, security, and insurance during the loan of the Mural. 5. Acceptability of Work. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, and the acceptable completion of this Agreement. In the event SUHI and the CITY cannot agree to the quality or acceptability of the work, and/or the manner of performance to SUHI in this Agreement, the CITY or SUHI shall give to the other written notice. Within ten (10) business days, SUHI and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance. 6. Length of Agreement. The P.U.E.D.O. Mural will be loaned from the CITY to SUHI beginning August 5`h, 2011 until terminated by either SUHI or the CITY. 7 . The Mural. The P.U.E.D.O. Mural shall remain property of the CITY during the duration of this agreement. SUHI agrees to not alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the Mural not specified in this agreement. SUHI expressly waives and disclaims any residual rights, if any, granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Except in case of emergency to preserve the Mural, the Mural will not be cleaned, restored, or otherwise altered without the written consent of the City. In the case of an emergency, the City will be notified as soon as possible by telephone and in writing. 8. Compliance with Applicable Law. SUHI shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 9. Confidential Information. The CITY may from time to time communi- cate to SUHI certain confidential information to enable SUHI to effectively perform the services to be provided herein. SUHI shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. SUHI shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of SUHI, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of SUHI without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to SUHI by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. SUHI shall be liable to CITY for any damages caused by breach of this condition. 10. Indemnification and Hold Harmless. SUHI agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of SUHI 's use or display of the Mural, or negligent performance of this Agreement. 2 P.U.E.D.O. Mural Agreement 3 11. Insurance. SUHI, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractor's when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies for the Mural: A. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. B. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. C. Said policies shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. D. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, SUHI shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. E. Any aggregate insurance limits must apply solely to this Agreement. F. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. G. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 12. Leaal Fees. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 13. Mediation/Arbitration. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled 3 P.U.E.D.O. Mural Agreement by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 14. Termination. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective upon 30-day's written notice to SUHI. This Agreement may be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by SUHI in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Termination with or without cause shall be effected by delivery of written Notice of Termination to SUHI as provided for herein. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting SUHI; (2) a reorganization of SUHI for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of SUHI. 15. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To SUHI: Armando Vergara Senior Code Enforcement Officer Neighborhood Services Division City of National City 1243 National City Boulevard National City, CA 91950-4301 .79 c9 .may "/ d e ��►� l:/�, l� 9/9..res 4 P.U.E.D.O. Mural Agreement Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 16. Miscellaneous Provisions. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement may not be assigned by SUHI without the express written consent of the City. SUHI shall not assign any rights to the use of the Mural unless the City consents to such assignment in writing. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, 5 P.U.E.D.O. Mural Agreement and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NA TONAL CITY By: Chris - apata, anager 1PPROVED AS TO FORM: I w: Claudia City At SWEETWATER UNION HIGH SCHOOL (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) ame) A0/"%4Li £sijri4.A (Print) (Title) By: ,K t' A (Name) ( i'✓Pc•� (Print) (Title) s,s%N/ •ham: / 6 P.U.E.D.O. Mural Agreement Client#: 1265184 303SWEETUNI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/05/2011 PRODUCER BB&T-John Burnham Ins Services 750 B Street Suite 2400 San Diego, CA 92101 619 231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED San Diego County Schools/JPA Sweetwater Union H.S. District 1130 Fifth Avenue Chula Vista, CA 91911 INSURER A San Diego County School Risk INSURER B: Permissively Self -Insured INSURER C: AWAC/CRC* 10690 INSURER D: Endurance/CRC* 41718 INSURER E: Continental/Gr.Am/CRC* 20443 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRLDATE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE (MM/DD/YYYYI POLICY EXPIRATION DATE (MM/DD/YYYYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY *Per MOC on file 07/01/2011 07/01/2012 EACH OCCURRENCE $5,000,000 X DAMAGE SO RENTED PREMISES( RENT occurrence) $ CLAIMS MADE X OCCUR MED EXP (Any one person) $ X $500,000 SIR PERSONAL BADV INJURY $ GENERAL AGGREGATE $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, POLICY n PRO- f LOC JECT PRODUCTS - COMP/OP AGG $10,000,000 — A AUTOMOBILE LIABILITY ANY AUTO A BODILY INJURY (Per person) S X BODILY INJURY (Per accident) S X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS !UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ B WORKERS ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, cAtP SPECIAL PROVISIONS COMPENSATION AND EXCLUDED? in NH) n JPA MEMORANDUM OF COVERAGE 60 Days Notice of Cancellation 07/01/2011 07/01/2012 X TWMUS- OREMPLOYERS'LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 O antler below E.L. DISEASE -POLICY LIMIT $1,000,000 c D E OTHER Blanket Prop Blanket Prop Blanket Prop 030567751N CPN10003209500 PSR2083564156 07/01/2011 07/01/2011 07/01/2011 07/01/2012 07/01/2012 07/01/2012 $5,000,000/$100,000 SIR $20,000,000 XS $5M $225,000,000 XS $25M DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Issued CRC permission. Certificate is subject to policy limits, conditions and exclusions. *(MOC) Memorandum of Coverage -approved Self -Insurance Program reinsured by Munich Reinsurance America Inc. Property policy incl Special Form/Replacement Cost. Re: Use of Mural. City of National City, its officers, agents and (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION 10 Days for Non -Payment City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL cm DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 1 of 3 #S7811820/M6979780 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MGGUE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 2 of 3 #S7811820/M6979780 DESCRIPTIONS (Continued from Page 1) employees are additional insureds (general liability policy) per the attached form. Coverage is Primary. Waiver of subrogation applies(WC). AMS 25.3 (2009/01) 3 of 3 #S78118201M6979780 SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY (SDJPA) Additional Insured Endorsement WHO IS A COVERED MEMBER (Per section 11 item 3 of the MOC — Memorandum of Coverage) Any person(s), entity(ies), or organization(s) you are required by a covered member contract to include as an additional insured solely with respect to bodily injury and property damage and arising out of: a. Premises leased, used or occupied by you; b. Automobiles leased or rented by you; c. Equipment owned, leased or rented by you; d. Mortgagees and Loss Payees of a Covered Member; or e. Property owners and property managers of property owned, leased, rented or occupied by you However, the additional insured status and coverage does not apply to: (1) Any occurrence which takes place prior to or after you cease to occupy the premises as stated in the covered contract; (2) Any structural alteration, new construction or demolition operations performed by or on behalf of the additional insured; (3) Any wrongful act, employment practices wrongful act or employee benefit wrongful act. This coverage will be further limited to the extent and Limits of Liability required by the covered member contract and will not increase the limits stated in SECTION III-LIMIT(S) OF COVERAGE nor alter any of the terms of coverage stated in this MOC. The covered member contract must be effective and executed prior to a covered occurrence. San Diego County Schools Risk Management Joint Powers Authority. #SDJPA0070111 July 1, 2011 to July 1, 2012 MOC Effective 7.1.11 Risk Management JPA Fringe Benefits Consortium 6401 Linda Vista Road, Room 505 San Diego, CA 92111 619-569-5340 Fax 658-279-6236 •ZK• • December 1, 2011 City of National City Neighborhood Svc. Department 1243 National City Blvd. National City, CA 91950 C�11_�K• • • Re: Commercial General Liablity Coverage Primary and Non Contributing Agreement JPA Member: Sweetwater Union High School District Program: Use of Mural Coverage Period: July 1, 2011 to July 1, 2012 Primary and Non —Contributory Agreement IT IS AGREED THAT THE SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY, PERMISSABLY SELF INSURED, shall provide primary coverage for Sweetwater Union High School District. Any other coverage maintained by City of National City, or its officers, agents, employees, shall be in excess only and not contributing with such coverage or self insurance for activities of the Sweetwater Union High School District. By: NO OTHER TERMS OF COVERAGE ARE ALTERED OR WAIVED Diane Crosier, Executive Director Dated: December 1, 2011 Risk Management JPA Fringe Benefits Consortium 6401 Linda Vista Road, Room 505 San Diego, CA 92111 619-569-5340 Fax 858-279-6236 SAN DIEGO COUNTY AND IMPERIAL COUNTY SCHOOLS December 1, 2011 City of National City Neighborhood Svc. Department 1243 National City Blvd. National City, CA 91950 Re: Commercial General Liablity Coverage Primary and Non Contributing Agreement JPA Member: Sweetwater Union High School District Program: Use of Mural Coverage Period: July 1, 2011 to July 1, 2012 Primary and Non -Contributory Agreement IT IS AGREED THAT THE SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY, PERMISSABLY SELF INSURED, shall provide primary coverage for Sweetwater Union High School District. Any other coverage maintained by City of National City, or its officers, agents, employees, shall be in excess only and not contributing with such coverage or self insurance for activities of the Sweetwater Union High School District. NO OTHER TERMS OF COVERAGE ARE ALTERED OR WAIVED By c Diane Crosier, Executive Director Dated: December 1, 2011 DA Risk Management JPA Fringe Benefits Consortium 6401 Linda Vista Road, Room 505 San Diego, CA 92111 619-569-5340 Fax 858-279-6236 SAN DIEGO COUNTY AND IMPERIAL COUNTY SCHOOLS December 5, 2011 City of National City 1243 National City Blvd. National City, CA 91950 Re: Workers' Compensation Waiver of Subrogation Agreement JPA Member: Sweetwater Union High School District Programs: Use of Mural Coverage Period: July 1, 2011 to July 1, 2012 Waiver of Subrogation Agreement IT IS AGREED THAT THE SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY, PERMISSABLY SELF INSURED, WAIVES ANY RIGHT OF SUBROGATION AGAINST: City of National City WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS COVERAGE IN CONNECTION WITH WORK PERFORMED BY: Sweetwater Union High School District NOTHING IN THIS WAIVER CONTAINED SHALL BE HALED TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS COVERAGE OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS COVERAGE SHALL BE HALED TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS WAIVER. By: I+L- J'Z_ " 1 A (an rYSPa. Diane Crosier, Executive Director Dated: December 5, 2011 Risk Management JPA Fringe Benefits Consortium 6401 Linda Vista Road, Room 505 San Diego, CA 92111 619-569-5340 Fax 858-279-6236 SAN DIEGO COUNTY AND IMPERIAL COUNTY SCHOOLS December 5, 2011 City of National City 1243 National City Blvd. National City, CA 91950 Re: Workers' Compensation Waiver of Subrogation Agreement JPA Member: Sweetwater Union High School District Programs: Use of Mural Coverage Period: July 1, 2011 to July 1, 2012 By: Waiver of Subrogation Agreement IT IS AGREED THAT THE SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY, PERMISSABLY SELF INSURED, WAIVES ANY RIGHT OF SUBROGATION AGAINST: City of National City WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS COVERAGE IN CONNECTION WITH WORK PERFORMED BY' Sweetwater Union High School District NOTHING IN THIS WAIVER CONTAINED SHALL BE HALED TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS COVERAGE OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS COVERAGE SHALL BE HALED TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS WAIVER. �c/+,Eu1cX— Diane Crosier, Executive Director n.e Cro51-e"-- Dated: December 5, 2011 CALIFOWWI A « '. NATI- � .: ctry MCORP(MATTED Docket Number: (2C) 1 REQUEST FOR LEGAL SERVICES Date: December 7th, 2011 From: Neighborhood Servicesv-f Ext. No.: 4364 Subject: MOU / Loan of PUE O Mural Deadline: AP' t2- (13/ ( ! SERVICE REQUESTED: ❑ Opinion Letter ® Documents for Review and Comment ® Document(s) for Signature ❑ Draft Documents ❑ Initiate Legal Proceedings — Civil n File Criminal Complaint Other: EXPLANATION: Please review PUEDO Mural MOU for final review and signatures. Page 1 of 2 Jocker Alejandro From: Sent: To: Cc: Subject: Follow Up Flag: Follow up Flag Status: Red Claudia Silva Wednesday, August 24, 2011 1:57 PM Jocker Alejandro Armando Vergara RE: Questions regarding signed MOU Hi Jocker, You do not need to make revisions to the agreement. What I suggest you do is walk it over to whomever signed it, have them handwrite the project contact and address info, initial be each of these handwritten changes, and then we can sign it. As they have already signed it, retyping is not necessary, and if we can easily get the info from them and have them initial it, great. As for the insurance, please let them know that we do need the insurance info. Thanks! Claudia y'acitua Silva City .attorney City of.NationafCity 1243 National City Boulevard National City, CA 91950 (619) 336-4222 The City of National City is open Monday through Thursdays, 7:00 am to 6:00 pm; Offices are closed on Friday This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message immediately. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Thank you. From: Jocker Alejandro Sent: Wednesday, August 24, 2011 12:11 PM To: Claudia Silva Cc: Armando Vergara Subject: Questions regarding signed MOU Hi Claudia, I had a couple questions regarding the PUEDO Mural MOU that was signed. 1) SUHI did not specify a Project Director (Recital #3) 2) I accidentally did not fill in SUHI's address (bottom of page 4) 3) and regarding #11 Insurance; I spoke with Ginny and she said that SUHI has to provide proof for A-G under Recital #11. Attached, is the scanned MOU that was signed. Do I need to draft a new MOU with the changes and send it back over to SUHI for signatures again? Do they need to provide proof of insurance? Please let me know. Thanks. 12/8/2011 Page 2 of 2 Jocker Alejandro MPA, Intern City of National City Neighborhood Services Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4364 Email: jalejandro@nationalcityca.gov City hours are Monday -Thursday 7:OOAM-6:OOPM Website: www.nationalcityca.gov 12/8/2011 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax SWEETWATER HIGH SCHOOL Loan of P.U.E.D.O. Mural for Display at the SUHI Library Jocker Alejandro (Neighborhood Services) Forwarded Copy of Agreement to SUHI