The URL can be used to link to this page

Home My WebLink About1999-045 Grant - Community Works CITY OF ASHLAND FINANCIAL ASSISTANCE AWARD CONTRACT CITY: CITY OF ASHLAND 20 E Main Street Ashland OR 97520 (541) 488-5300 FAX: (541) 488-5311 GRANTEE: Address: Telephone: Community Works 900 E. Main Medford, OR 97501 541-779-2393 Date of this agreement: July 1, 1999 Amount of grant: $31,652 Budget subcommittee: Social Services II Contract made the date specified above between the City of Ashland and Grantee named above. RECITAL: City has reviewed Grantee's application for a grant and has determined that the request merits funding and the purpose for which the grant is awarded serves a public purpose. City and Grantee agree: 1. Amount of Grant. Subject to the terms and conditions of this contract and in reliance upon Grantee's approved application, the City agrees to provide funds in the amount specified above. 2. Use of Grant Funds. The use of grant funds are expressly limited to the activities in the grant application with modifications, if any, made by the budget subcommittee designated above. 3. Unexpended Funds. Any grant funds held by the Grantee remaining after the purpose for which the grant is awarded or this contract is terminated shall be returned to the City within 30 days of completion or termination. 4. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant was awarded in accordance with generally accepted accounting principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books, records, papers or documents relating to the use of grant funds. 5. Default. If Grantee fails to perform or observe any of the covenants or agreements contained in this contract or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds within twelve months of the date of this contract, the City, by written notice of default to the Grantee, may terminate the whole or any part of this contract and may pursue any remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the contract, stop payment on or return of the grant funds, payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. 6. Amendments. The terms of this contract will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. Such written modification will be made a part of this contract and subject to all other contract provisions. 7. Indemnity. Grantee agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services attendant to this agreement). Grantee shall not be held responsible for damages caused by the negligence of City. 8. Insurance. Grantee shall, at its own expense, at all times for twelve months from the date of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, and owner's and contractor's protective insurance. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the expenditure of any grant funds. 9. Merger. This contract constitutes the entire agreement between the parties. There are no understandings, agreements or representations, oral or written, not specified in this contract regarding this contract. Grantee, by the signature below of its authorized representative, acknowledges that it has read this contract, understands it, and agrees to be bound by its,terms and conditions. Director of Finance i~ reen ExecU e Director BY 8ts Content review by: Form review by: ~ Department Head (City Attorney) Coding: (for City use only) PAGE 2-GRANT AGREEMENT ACORDM CERTIFICATE OF LIABILITY INSURANCEg~~2 I DATE (MMlDDIYV) 06/24/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF IN FORMA TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Security Insurance Agency, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Mu%phy Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 Phone: 541-772-1111 INSURERS AFFORDING COVERAGE INSURED INSURER A: Washinqton Casualty Company INSURER B: st. Paul Fire & Marine COllDllUni~ Works INSURER C: 900 E. in Street INSURER D: Medford, OR 97504 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. N01WITHSTANDING 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 POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1'L'fR' TYPE OF INSURANCE POUCY NUMBER DATE (MMlDOJoiYj' DATE 'niIMlODiYY1' LIMITS GENERAL LIABILITY EACH OCCURRENCE $$1,000,000. t-- A X COMMERCIAL GENERAL LIABILITY ItOR MAO/18U 07/01/99 07/01/00 FIRE DAMAGE (Anyon. fire) $ X I CLAIMS MADE D OCCUR MED EXP (Anyon. polSOn) $ A X Professional Liab PERSONAL & ADV INJURY $ $1,000,000. t-- CLAIMS MADE GENERAL AGGREGATE $ t-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ h POLICY Ii ~g: n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - . (Per accident) $ NON.QWNED AUTOS ORIGINAl - MAILED ~ 'REer - PROPERTY DAMAGE $ Tn r"t (per accident) '.....-i1t; tDtJr GARAGE LIABILITY - --... ,. I~ AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY . EACH OCCURRENCE $ D OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSA nON AND I fORY liMiTs I rEir EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYE $ E.L DISEASE. POLICY LIMIT $ OTHER B Employee Dishonest 484 CF 0079 06/18/98 06/18/01 Bond DESCRIPTION OF OPERATIONSlLOCATIONSlVEHlClESlEXClUSlONS ADDED BY ENDORSEMENTISPEClAl PROVt510NS Certificate Holder is Additional Insured as respects premises leased to Insured. CERTIFICATE HOLDER I N I ADDmoNAL INSURED; INSURER LElTER: CANCELLATION ------1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Ashl.and, its officers, 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE employees and agents LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Attn: Risk Manager Ashland City Hal.l ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. Ashland, OR 97520 I John N. Kina / ACORD 25-S (7/97) .. ACORD CORPORATION :r ACORD. ~J;~"IF=I~Sm~~f~IB~I~'7ri'SS~~~~~~~i DATE (MMlDD/YY) .,.....,. .... 07/10/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Security Insurance - Medford HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1175 East Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 COMPANIES AFFORDING COVERAGE John N. lUng COMPANY Phone No. 541-772-1111 Fax No. A Washington Casualty Company INSURED COMPANY B COMPANY COllllDW1ity Works C 900 E Main Street COMPANY Medford, OR 97504 D ....'..."........',' ,",........ ,."..,..,-..,.,-"...................-.............-.................,',"...- .".-,',',....-,..--.-.,',....,.,.,..'..'."....,..,.,.,.......,....,..........'.-."'.....' '. .. ............................-.... ,........--_.....,,-, ,..... ...,--...-.-_........... - ....,.. '," ...,.-..-....................."."......-.--,..... .............,"',..-,'....,.....-...,.,.".," ..... , .-......--.'........,..',"'.'..-.-....--.....',','.','...'.'..'.,..','.',..'......-...-_..-...---,-...-.---.......-------.----.---.-.-...--------..-----.--..,.--....--.'.-....-...-','.'.-,....' .,..-','...,'.',.-...-.,-..,-...'--...-----_....-.....-_..._.-.,.'.,',.......",.."....,-.---.---.-.......,...--......-.'..--...-.".-..-.. COVERAGElk",.".."".",."".,,,,,,,,,,<,"<"',,i.,,"",,,,,,,",,,,,,,,,,,,,},,,,,,,,,,},,"'i','},,',',}'}"ii',"',}".,....""<<}",,,,',,'}i,,,' ... ,..., .,. . .,..-..-.--...,.,......,-.-..-- -... ,.-"',',.','.,.' ,..",.' '. ",,-, ---.--.--...--,.--".,....,..-..-..-- ....._, ,'. ...... .,...., ""...."....--.... ---...'...'.'."..."'."......, -". ....,',..,',..,.,.,' ,..,.,.,. ,..."...."""".,-,._..."... ..,.,....,..,..,...,,--.. -.....-. .- ...,..............."........"",...........,,.....,...,.,..,'.........-.... ..... '. ....,.. .., ".--......---,...".,......" ..,., .., , ,.. ". "..., ".,....,..-,.......,.".".......,.,...-...-,..----..--- -.-'-' .-.......-----....---".".--......,."'.,.....,..,..,--......,..--........ . ",.,.",......._.._--.----.....--,---..... ,,-,-...-.-_..-. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWITHSTANDING fW'( REQUIREMENT, TERM OR CONDITION OF fW'( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMlDD/YY) DATE (MMlDD/YY) GENERAL UABlLITY GENERAL AGGREGATE S f...- A X COMMERCIAL GENERAL LIABILITY 1I0R MAO/18U 07/01/98 07/01/99 PRODUCTS-COMP~PAGG S li< X I CLAIMS MADE D OCCUR PERSONAL & ADV INJURY S $1 ,000 , 000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S $1, 000, 000 f...- A ~ Professional LiaJ;l FIRE DAMAGE (Anyone fire) S MED EXP (Anv one person) S ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO 'r,'>1AL fo"j f...- I~Ai~ ~""'J~~' - I-- ALL OWNED AUTOS r;nCh'~1i :l; l:~t~~~ BODILY INJURY ,'Q CERTIFIGA T !': (per person) S I-- SCHEDULED AUTOS FOIl)i= HIRED AUTOS "" ..I '.. '- I-- BODILY INJURY S NON-OWNEO AUTOS (per accident) I-- I-- PROPERTY DAMAGE S GARAGE LIABiLiTY AUTO ONLY- EA ACCIDENT S f...- .,',.,.,)))""",.".,.. ANY AUTO OTHER THAN AUTO ONLY: f...- EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S ~ ~MBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND lfo~f.~~s I 10TH- )/., < EMPLOYERS' LIABILITY ER EL EACH ACCIOENT S THE PROPRIETOR! R INCL EL DISEASE - POLICY LIMIT S PARlNERSlEXECVTlVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE S OTHER DESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESlSPECIAL ITEMS Certificate Bolder is Add.i. tional Insured as respects premises leased to Insured. '/.,i i ",.,',.",) ) ).8/"'."'.i)' //77 ,.., ..,. ...., .,.,....,.,., ;",.- .."". . ".", ,..",., ,',',.',',',," ------1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Ashland, its officers , ..1.!!..- DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. employees and agents BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn: Robert Nelson Ashland City Ball OF AllY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ACORD 25-5 (1/96) ,',.., i '...'.., . '.., ) JOhn~.) lU~g ., .. @ACORDCORPORATION1988 ". .. i ,.,'i ".'i ACORD~ CERTIFICATE OF LIABILITYINSURANC~~~2 DATE (MMIDDIYY) 06/30/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Security Xnsurance - Medford HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1175 East Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 COMPANIES AFFORDING COVERAGE John N. King COMPANY Phone No. 541-772-1111 F.x No. A Washington Casualty Company INSURED COMPANY B COMPANY Co_uni ty Works C 900 B. Main Street COMPANY Medford, OR 97504 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N011NlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'MilCH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE IMMIDDIYY) DATE (MMlDDIYY) ~NERAL LIABILITY GENERAL AGGREGATE $ A X COMMERCIAL GENERAL LIABILITY tOR MAO/1814 07/01/97 07/01/98 PRODUCTS-COM~OPAGG $ X I CLAIMS MADE D OCCUR PERSONAL & AnV INJURY $$1,000,000. f...- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ $1,000,000. ~ Professional Liab FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ AUTOMOBILE LIABILITY f...- COMBINED SINGLE LIMIT $ ANY AUTO f...- ALL OWNED AUTOS BODILY INJURY f...- $ SCHEDULED AUTOS (Per person) f...- I-- HIRED AUTOS BODILY INJURY $ NON-QVVNED AUTOS (Per accident) - - PROPERTY DAMAGE $ ~RAGE LIABILITY .. AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ - AGGREGATE $ EXCESS UABILlTY EACH OCCURRENCE $ ~ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSAllON AND Im:R~TomTS I 10TH- ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR! RINCL EL DISEASE - POLICY LIMIT $ PARTNER~ECUT~ OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRlP110N OF OPERA 110NSlLOCAllONSNEHICLESlSPEClAL ITEMS Certificate Holder is Additional Xnsured as respects premises leased to Xnsured. CERTIFICATE HOLDER CANCELLATION ------1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAlL City of Ashland, its officers, .1.!!....- DAYS WRITTEN NOllCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. employees and agents BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGAll0N OR LIABILITY Attn: Robert Nelson Ashland City Hall OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Ashland, OR 97520 AUTHORIZEDREPRESENTA~ /? . I _ . ~$.I John N. King ,J r. J -.; - ACORD 25-5 (1/95) ,. ~I @A lIiCORPQ1ITION1~88 U C/ . . c#lff em or nndum September 10, 1998 Turner, Direetor of Finance ~rl1m~~rt D~ Nelson, Risk Managemeat Analyst /j ubjed: INSURANCE CERTIFICATES - COMMUNITY WORKS A~ iQU may recall; we ha~e experienced serious problems in attempting to attain ineurance certificte compliance from Community Works. Attached are copies of recent correspondence on these matters. Insofar as liability insurance is concerned, the September 3 letter from' Security insurance brings Community Works into substantal compli- ance', with the major exception of claims made coverage, instead of Occurrence basis. ~ TAis problem of claims 'made cOTerageisespe~ially accute for eatities seTTing ckildreri and youtll, for tRese reasons: 1. An:.enterprising plaintiffr's attorney mijzht notice for a minor to assert 'a claim to be a~ of majority u~der QRS 109.510. J S., qlC) construel:~he' time of ",r()) 18 years of age, the ~6.b I ?/ rf'l< 2. Claims against adUlt:?aregiTers are low frequency, AigA seTerity. 3. Jurors WAO are parents, including myself, would likely start out witA some bias toward a cRild WAO is a plaintiff. 4. CAildren generally like to please adults, and, there have been cases inwAicb.'clotildren lolaTe said "yes" wAen asked about a child abuse question, just to p~ease,t~E'l adults. 5. Some uneth ieal counsellors haTeelOnTinced eveft intelligent adults that they were abused as ehildrei, when in reality no sucA abuse occurred. 6. TAere also exists a~ unrelated exposure to injury: among youths wllile "roughhousllng."' Plaint1ffsmay-allege lack of superTision, eTen if sucll alle2atioft is grouftdless. 7. Si~ce tlle'youth center isbeiri2 built on City-owned property, tllere mirzI\t be -some' additionaleXposur'es betonp any that might exist by Tirtue of the City bein~ a grantor. lit.' oider - to' assist you" fri making a deel.sion whether to insist upon Occurrence coverage, some arguments for and agai~st strict enforce- ment are listed on the next page. " Commu~ity Works Page 2 Ar~uments f.a!~ring Striet Enfor~ent 1. The standard grant agi-'eeitiEmt specifically' calls for "oe-currence", not "elaims made II cOTerage, and if a1'\' exe'eptiol'l.to tAis' requiremeRt was made, the exception. h.as, not beel1 communiuted to R~sk Managemellt. 2. Strict eriforce-meritprecludes any possibIlity of a Talid allegatiolt of faToritism 'a~ainst tne City Staff. , '. . .". 3. Any ch.im agiiristCoriuniini ty Works, 'wAetller founded or unfourided, becomes tke responsibility of tneir insurer, not the City's insurer. Ar~m~nts ~~ainst Strict Enforcement 1. In Paul's opiniori,wltiellllisl:iare,ths'courts'probably'would l'I.ot support tlle City in a breack- of contract suit ,WAen - tltere is claims mad~ cOTera,lie with a reasonable tail for asserting claims. 2. Tlte lease agreement is silent on the claims made T. occurrence issue. 3. Because there are HUn dollars iriTolTed, any suit alleli(inlt breaell of eontraat'for- 'tlsisinsurance queis'tion. probaly'would giTe rise to HUD inTolTement on bekalf of Comrnunit! Works. Tltis would be eost~y. 4. For as long as tAe City continues cOTsrage wit.' C. C. I. S., or'as an alternate'secures equally broad eoverage from some other entity, we would be protected. , , r' . ~. . !t--iS'-not difficult to iiriagine' a' political' reaction it the City makes a decision to strictly enforce, to the point of termil'l.ating tAe ~ant agreement. Conclusion Unless r reeeiTs instructions to strictly enforee, I plan to not pursue tais problem furtMer. But if welre not-goil'lg forstdct enforcement, I suggest tkat a lettersAo111d be writtent to Community Works, to the effeet that for 1999-2000 and later, occurrence basis will-be required unless WaiTed by tlle City prior to tlte signin~ of th.e grant eontraet;'and'tfte grant contract would-be amended accordingly. This should preclude future problems of tllis kind. .i':u ,-:" -:._ j.r......~ SECURITY INSURANCE AGENCY, INC. [II] September 3, 1998 Robert D. Nelson, ARM Risk Management Analyst City of Ashland Ashland, OR 97520 Dear Mr. Nelson, As agent ofrecord for Communitv Work~ we have your letter of August 28, 1999. I will respond to items I, 2, 3, 5 and 6 of your letter. Item number 4 pertains to the pro erty insurance, which is written b Associated Insurance * Agency and they will respon to t lat Item. I. The Washington Casualty policy for which you havc reccivcd a ccrtificate datcd July 10, 1998 (copy attachcd) is a claims made form. It is not possible to change this to an occurrcnce form. You have accepted certificates from this insurance company for several years for Community Works and bcforc that, Youthworks. This is vel)' broad comprehensive coverage for all their operations. We appreciate your accepting this coverage as written as to change companies would result in less coverage for them and increased cost as well. If the policy is ever not renewed, a "long-tail" endorsement will be provided to the insured. 2. As per the copies of the attached certificates, additional insured language is as requested. 3. Attached copy of the certificate indicates professional liability coverage is included on this policy. 5. The Washington Casualty policy has no contractual liability exclusion, does include "severability ofinterest" wording and does not exclude cross-liability actions. 6. As per the certificate, 30 days notice of cancellation is required. I trust that you will find this all to be in order. Sincerely, JNKJkc cc: Katluyn Scholl Community Works Security Plaza . 1175 E. Main . Medford, OR 97504 . (541) 772-1111 · FAX: (541) 772-3785 -* Mro If t ,,( yc,jJ"";' ~ ,t~-f1A-. /I C., l .y" , "/"I yt1 "-1 JiJ(,.. ACTIONS AND SUITS IN PARTICULAR CASES 30.278 ment under 42 U.S.C. 2210. [1967 c.627 S4; 1969 (6) Actual notice of claim is any commu- c.429 s2; 1975 c.609 S13; 1987 c.705 s8;1987 c.915 s13] nication by which any individual to whom 30.275 Notice of claim; time of notice; notice may be given as provided in sub~ time of action. (1) No action arising from section (5) of this section or any person re- any act or omission of a public body or an sponsible for admir:istering tort. claims on officer, employee or agent of a public body behalf of the pub!J~ body acquires .actual within the scope of ORS 30.260 to 30.300 knowledg~ .of t~e tnne, plac~ and clrcum- shall be maintained unless notice of claim is stances Iflvl!1g r!se to the claIm, where the given as required by this section. communIcatIon IS such that a reasonable . . .'. . .~ person would conclude that a particular per- I (2) NO~lce of cl.alm shall, be glVe!1 wlthm son intends to assert a claim against the ~he fo)lowmg ap~!Jcable penod .of tIme, not public body or an officer, employee or agent mcl?dmg ~he penod, not. e:cceedl!1g 90 days, of the public body. A person responsible for , d?nng whlc~ the person mJured. I~ unable to administering tort claims on behalf of a pub- ~i. gIve the n~tIce. bec.ause of the mJury or J:>e-. lie body is a person who, acting within the cause. o~ mmonty, mcompetency or other m- scope of the person's responsibility, as an of- capacIty. ficer, employee or agent of a public body or (a) For wrongful death, within one year as an employee or agent of an insurance after the alleged loss or injury. carrier insuring the public body for risks (b) For all other claims, within 180 days within t~e. scope. of. ORS 30.~60. to 30:300, after the alleged loss or injury. engages m mveshgatlOn, negotIatlOn, adJust- . . . . ment or defense of claims within the scope . (~) NO~lce of c~alm reqUlred by thIS sec- of ORS 30.260 to 30.300, or in furnishing or hon IS sahsfied by. accepting forms for claimants to provide (a) Formal notice of claim as provided in claim information, or in supervising any of subsections (4) and (5) of this section; those activities. (b) Actual notice of claim as provided in (7) In an action arising from any act or subsection (6) of this section; omission of a public body or an officer, em:- (c) Commencement of an action on the ployee or agent of a public body withi~ t~e claim by or on behalf of the claimant within scope of ORS 30.260 to ~0.300, the pl!'lIntIff the applicable period of time provided in ha~ the burden of proYIng that. notIc~. of subsection (2) of this section; or claIm was gIven as requIred by thIS sectIon. (d) Payment of all or any part of the (8) Except as provided. in ORS 12.120 and claim by or on behalf of the public body at 12.135, but notwlthstandmg any other pro- any time vision of ORS chapter 12 or other statute . . ., . providing a limitation on the commencement (4) ~orn:al notIce of ~lalm 1S a wntten of an action, an action arising from any act con;munIcatlOr: from a cla.ln;an.t or represen- or omission of a public body or an officer, tatlve of a claImant contammg. employee or arrent of a public body within (a) A statement that a claim for damages the scope of ORS 30.260 to 30.300 shall be is or will be asserted against the public body commenced within two years after the al- or an officer, employee or agent of the public leged loss or injury. [1967 c.627 s5; 1969 c.429 s3; body; 1975 c.604 s!a; 1975 c.609 s14; 1977 c.823_ s3; 1979 c.284 (b) A d .. f h' 1 d s64; 1981 C.300 SI; 1993 c.500 s4; 1993 c.510 sl] escnptlOn 0 t e hme, p ace an . circumstances givin~ rise to the claim, so far provi~~st:e: SectlOn 3, chapter 515, Oregon Laws 1993, as known to the claImant; and Sec. 3. The amendments to ORS 30.275 and 278.120 (C) The name of the claimant and - the by sections 1 and 2 of this Act apply only to claims mailing . address to which correspondence arising on or after the ef!'ective date of this Act concerning the claim may be sent. [November 4, 1993]. (1993 c.5b S3] . (5) Formal notice of claim shall be given 30.278 Reportin.g notice of c)aim. of by mail or personal delivery' profeSSIOnal negligence to hcensmg . . .' . .: board. When notice is received under ORS (a) If the claIm IS agamst the state or an 30.275 of a claim of professional negligence officer, emplo~ee or agent thereof, to the of- against a physician, optometrist, dentist, fice of the I?1~ector. of the. Oregon Depart- dental hygienist or naturopath who is acting ment of AdmInIstratIve ServIces. . within the scope of employment by a public (b) If the claim is against a local public body or within the scope of duties as defined body or an officer, employee or agent thereof, by ORS 30.267, the person receiving the no- to the public body at its principal adminis- tice shall report to the appropriate licensing trative office, to any member of the govern- board, in the same manner as required by ing body of the public body, or to an attorney ORS 742.400, the information required .by designated by the governing body as its gen- ORS 742.400 to be reported by insurers or eral counsel. self-insured associations. (1987 c.774 s64] , 1993-3-57 C(;I?1.r'tI;Yl/, .. WtJ,Ac.J f(7(J F H~r;r ff. 11$4f'C'.,I., OR. r7So1 1h /) /j ,Ac"pt.t'f I{ r/!av-vj/ ~ (7Uy /(F 110' ;:J. J': !UR ('(" o/~ Klk~j,c~;) -h ,#0"1 c/;f,h/ Fin': Wi rCC6fY-,j fr~"" S<I.'C(./Y/I-y Zi,.rkn~t:C 4 r-~y/ -/1.CJ1.'"? t, rd;?lp .r; ;Ana ... ;: ;2.",.1, .S-uil(~/~. I hC-YL (Orlj/tf~e I f, ~/rGc..4.., fk /:;:.-r.M Co Jill / {..rYJ<1h-' ,;:H? C';n-< nt'..., b (/'1 I?t (/.f~ (' ~JorC~~;tJ. It ~Wlvll-; .... p. h P"p t/J1,{i~Jh;rL/~;; th~,.t /h"" .'r~ Whl(,..h re 1,,&; h tf7YRI"".i::J C4U:~~ CI'4...rlfn'le,/ .s h V"" t,l "'" ..4 IJ j"J1/Fl,(,l~';?,..[ ({~~ /;-ZJI-7,/;'I(":! tC ~ ~~""~ . <:4- J.yvKo.- c/h,- ;/hh! r<f~ (/Y/~.. .z:;"'J..,n~',__ 7htry"ft--:-" W.. ~Y1 ~1.Jk/~-#7Ij.._~~" u..rkpw/,{ ~'21P ~~ COrlC4VnJ #.d -- <+.- ..4Y.1/k;fU/ h /hJ? Y b h,.~ a /1;i4h~11 . e1J.. wIlPYl-f'V~r .c;oYd;.J~".~r_I.z.t:~'''.:!2m /#'1) 14 r7O'tu. PI ~ ~h ;;1/;'" ~/)m!/Pyd/jk tfJY1iM 1:1 ' C(/~~F.t!",-/'6 . K (In,,(f~~.kJjrL ..[(/I'I~Y6 [1-.!Z~",k:j. Cc.. _" .:Till 1UVI'1F-/ Z>1y..,.~~. ;:;'i.;w4__ August 28, 1998 CITY HALL CITY OF ASHLAND ASHLAND, OREGON 97520 (541) 488-5347 Community Works 900 E. Main Street Medford, Or. 97504 Previously we called your attention to deficiencies in your insurance, insofar as the City of Ashland is concerned. Subsequently, additional problems were discovered. Following is an update: 1. Coverage is on a "claim made" basis, rather than "occurrence basis" as stipulated in the grant agreement. This must be corrected. 2. The "Additional Insureds" language should be expanded to encompass "The City of Ashland, its officers, employees, and agents. " 3. The "Additional Insureds" should be protected from professional liability claims, as well as premises liability. 4. There should be "for the mutual benefit of Lessee, and Lessor, casualty insurance covering loss or damage by fire, and other risks as may be embraced within all risk insurance insuring for full replacement costs (excluding foundation and excavation cost) of the Improvements," according to the lease agreement. (Sec.7.l). 5. "All casualty insurance policies shall include contractual liability, severability of interest, and cross-liability endorsements," per the lease agreement. (Sec.7.2). 6. The loss payable and proceeds distribution provisions of Sec. 7.2, last sentence, need to be documented. Please make arrangements with your insurance agent or broker to bring your insurance coverage into compliance with both the grant agreement and the terms of the lease. Robert D. Nelson, ARM Risk Management Analyst cc: Paul Nolte, City Attorney Jill Turner, Director of Finance .City of Ashland Department of Finance and Administrative Services Jill Turner, Director City Hall Ashland, Oregon 97520 Phone: (541) 488-5300 Fax: (541) 488-5311 Community Works 900 E. Main Street Medford, Oregon 97504 8'/11/11 We acknowledge receipt of an insurance certificate for 7/01/98 - 7/01/99. 1. 2. 3. Please make arrangements with your agent or broker to bring your insurance coverage and certification into compliance with the terms of the grant agreement. C~~1'~~ ~~~~ D. Nelson, ARM Risk Management Analyst CC: Jill Turner, Director of Finance