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HomeMy WebLinkAboutInsurance Certificate: City of Ashland CERTIFICATE OF COVERAGE Agent This certificate is issued as a matter of information Brown&Brown Insurance Services,Inc.-Portland only and confers no rights upon the certificate holder 601 SW 2nd Ave,Ste.1200 other than those provided in the coverage document. Portland,OR97204 This certificate does not amend,extend or alter the coverage afforded by the coverage documents listed citycounty insurance services herein. cisoregon.org Named Member or Participant Companies Affording Coverage City of Ashland COMPANY A-CIS 20 East Main Street COMPANY B-National Union Fire Insurance Company of Pitts,PA Ashland,OR 97520 COMPANY C-Multiple COMPANY D-Federal Insurance Company COMPANY E-Obsidian LINES OF COVERAGE This is to certify that coverage documents listed herein have been issued to the Named Member herein for the Coverage period indicated.Not withstanding any requirement,term or condition of any contract or other document with respect to which the certificate may be issued or may pertain,the coverage afforded by the coverage documents listed herein is subject to all the terms,conditions and exclusions of such coverage documents. Type of Coverage Company Letter Certificate Number Effective Date Termination Date Coverage Limit General Liability A 25LASH 7/1/2025 7/1/2026 General Aggregate: $15,000,000 X Commercial General Liability Each Occurrence: $5,000,000 X Public Officials Liability X Employment Practices X Occurrence Auto Liability A 25LASH 7/1/2025 7/1/2026 General Aggregate: None X Scheduled Autos X Hired Autos Each Occurrence: $5,000,000 X Non-Owned Autos Auto Physical Damage A/C 25APDASH 7/1/2025 7/1/2026 X Scheduled Autos X Hired Autos X Non-Owned Autos X Property A/C 25PASH 7/1/2025 7/1/2026 Per Filed Values X Boiler and Machinery D 25BASH 7/1/2025 7/1/2026 Per Filed Values Excess Liability Excess Crime X rExcess Earthquake A/C 25EQASH 7/1/2025 7/1/2026 Each Occurrence: $10,000,000 X Excess Flood A/C 25FASH 7/1/2025 7/1/2026 Each Occurrence: $10,000,000 X CyberSecurity A 25CYBASH 7/1/2025 7/1/2026 Claims-Made/Aggregate: $100,000 Difference in Conditions Description: Re:Use of Band Room for City Band Rehearsals-Summer 2026,Refer to form CIS-GUAL 7/1/18 Certificate Holder: CANCELLATION:Should any of the coverage documents herein be cancelled before the expiration date Ashland School District thereof,CIS will provide 30 days written notice to the certificate holder named herein,but failure to mail such 885 Siskiyou Blvd notice shall impose no obligation or liability of any kind upon CIS,its agents or representatives,or the issuer of this certificate. Ashland,OR 97520 '7� By: ' '& Date:5/1526 CIS TRUST GENERAL AND AUTO LIABILITY COVERAGE AGREEMENT This is an agreement between the Trust, as defined herein, and the named member identified in the General &Auto Liability Coverage Declarations as "Named Member" for"Public Entity Liability Coverage" for the applicable coverage period. Various provisions of this agreement restrict coverage. Read the entire coverage agreement carefully to determine rights, duties, and what is and what is not covered. Words or phrases that appear in bold-faced type have special meaning and are defined in Sections 1, 1013, 1113, and 12C. 1. DEFINITIONS A. "Administration" means: (1) Giving counsel to employees with respect to the employee benefit programs; (2) Interpreting the employee benefit programs; (3) Handling records in connection with employee benefit programs; (4) Effecting enrollment, termination or cancellation of employees under the employee benefits programs; provided all such acts are authorized by the named member. B. "Airport" means any area of land or water that is intended for the landing and takeoff of aircraft, and includes its buildings and related facilities, if any. C. "Bodily Injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. D. "Claim" means any notice or demand to the named member by or on behalf of a party seeking damages that reasonably communicates to the named member the party's intent to seek money damages from the member. E. "Covered Auto" means any vehicle designed for land transportation, whether or not licensed for highway use, and owned or operated by the member. F. "Damages" means all sums recoverable by law from any liability covered under this coverage agreement, including punitive damages if awarded, but not including any sums awarded for plaintiffs attorney fees, or expert fees, under any statute including but not limited to, 42 U.S. Code, 1988, in any case in which monetary damages are not sought or not awarded. Damages do not include: (1) Costs necessary to comply with injunctions or declaratory relief. (2) Sums recoverable for breach of contract; express or implied. CIS—GL/AL (7/1/18) Pagel of 32 87322959 25-26 GL/AUTO/BM/CRIME/PROP/EQ/FLOOD/CYBER J Sandy L. Orr 19/24/2025 8:33:21 AM (PDT) I Page 2 Of 6 (3) Sums awarded as compensation due or accruing to the benefit of the employee while still employed by the named member. (4) Sums sought or awarded for claims of unjust enrichment, money had and received or replevin. (5) Sums due to taxing authorities, insurance programs, or retirement plans as a result of an award of damages or claim settlement. (6) Fines or penalties assessed to the Member for non-payment of taxes, insurance contributions or retirement plan contributions. G. "Employee benefit programs" shall mean group life insurance, group health insurance, profit sharing plans, pension plan, employee stock subscription plans, workers' compensation, unemployment insurance, social security, disability benefits insurance and travel, savings or vacation plans. H. "Fungus or fungi" includes but is not limited to any form or type of mold, mushroom or mildew. I. "Hazardous properties" means radioactive, toxic or explosive properties. J. "Hospital" or "nursing home" means any facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment including but not limited to providing treatment for 1) acutely ill patients and accident victims, 2) mentally ill patients or 3) patients in special inpatient care facilities. However, in-patient care facilities incidental to correctional facilities shall not be considered a hospital or nursing home. K. "Member" means the entity named on the declarations page and its officers, employees and agents including volunteers, authorized to act on behalf of the named member, all acting within the scope of their employment or duties whether arising out of a governmental or proprietary function. The term member shall also include additional members to the extent coverage is afforded under the definition of additional member. (1) "Named member" means the entity named as such on the Declarations page of the coverage agreement, (2) "Additional member" means any party whom a public body covered under this coverage agreement has agreed to hold harmless, indemnify or defend pursuant to a contract or other agreement lawfully entered into by such public body. However, in no event shall coverage under this coverage agreement extend to such party for any claim arising out of an occurrence after the expiration of this coverage agreement or the expiration of the contract or agreement entered into by the public body, whichever shall occur first. Further, in no event shall coverage under this coverage agreement extend to such party for any claim, however or whenever asserted, arising out of such party's sole negligence. Except as specified in this paragraph, such party shall have no rights under the Trust Agreement, Bylaws or Rules of the Trust. The term "additional insured" if used on a certificate of coverage, shall be understood to mean the same as additional member. L. "Nuclear Facility" means: (1) Any nuclear reactor; CIS—GL/AL (7/1/18) Page 2 of 32 87322959 25-26 GL/AUTO/BM/CRIME/PROP/EQ/FLOOD/CYBER J Sandy L. Orr 19/24/2025 8:33:21 AM (PDT) I Page 3 Of 6 (2) Any equipment or device designed or used for: a. separating the isotopes of uranium or plutonium, b. processing or utilizing spent fuel, or C. handling, processing, or packaging nuclear waste; (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the member at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. M. "Nuclear material" means source material, special nuclear material or by-product material. N. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. O. "Nuclear waste" means any waste material: (1) containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore process primarily for its source material content, and (2) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. P. "Nursing home" see Hospital. Q. "Occurrence" means: (1) an incident, event, act, error or omission which occurs during the coverage period: or (2) a series of related incidents, events, acts, errors or omissions; or a continuous or repeated exposure to substantially the same general conditions, which occur during the coverage period. If the occurrence begins in one coverage period and ends in another, the occurrence shall be deemed to have taken place during the last such coverage period. Such incidents, events, acts, errors or omissions, or continuous or repeated exposures to substantially the same conditions shall be deemed to be a single occurrence for purposes of determining the "per occurrence" limit of liability and deductible, if any. Only the coverage and limits in effect for the last coverage period shall apply and only one "per occurrence" limit shall be available for each such multi-period occurrence regardless of the number of coverages under this coverage agreement which may apply to such occurrence. CIS—GL/AL (7/1/18) Page 3 of 32 87322959 25-26 GL/AUTO/BM/CRIME/PROP/EQ/FLOOD/CYBER j Sandy L. Orr 1 9/24/2025 8:33:21 AM (PDT) I Page 4 of 6 R. "Personal Injury" means false arrest, detention, imprisonment, malicious prosecution, libel, slander, or publication or utterance in violation of the individual's right of privacy, wrongful entry or eviction, or invasion of the right of private occupancy. S. "Pollutants," as used in exclusion Section 4.1., means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkali, and chemicals, bacteria, organisms, and pathogens. However, pollutants does not include sewage which through the negligence of the member escapes the confines of a municipal sewage treatment system owned or operated by the member. T. "Property Damage" means injury to or destruction of tangible property. U. "Source material," "special nuclear material," or "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. V. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. W. "Spore(s)" include any reproductive body produced or arising out of any fungus or fungi. X. "Trust Agreement" means the CITY COUNTY INSURANCE SERVICES DECLARATION AND AGREEMENT OF TRUST. Y. "Trust" means the CIS or CIS Trust, as described in the Trust Agreement. Z. "Waste" as used in exclusion Section 4.1., includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. 2. COVERAGES In accordance with and subject to the General & Auto Liability Coverage Declarations applicable to the named member to which this Coverage Agreement applies; the City County Insurance Services Declaration and Agreement of Trust (herein "Trust Agreement"); the Bylaws and Rules of the Trust; and the terms, conditions, and limitations of this Coverage Agreement and in consideration of the contribution for which this coverage agreement is written, the Trust will pay on behalf of the member all damages arising out of an occurrence, not to exceed the Limits of Liability as set further described in Section 4. of this Coverage Agreement because of: Coverage A: Liability arising under Oregon Revised Statutes 30.260 to 30.300; asserted pursuant to ORS 30.260 to 30.300. Coverage B: Liability arising under 42 U.S. Code 1983; 42 U.S. Code 2000e, et seq. (Title VII of the Civil Rights Act of 1964); 29 U.S. Code 621, et seq. (Age Discrimination in Employment Act of 1967); The Americans with Disabilities Act; The Civil Rights Act of 1991; 42 U.S. Code 1981; 42 U.S. Code 3601, et seq. (The Fair Housing Act); ORS Chapter 659; ORS Chapter 659A; ORS 652.355; ORS 654.062; 29 U.S. Code Sec. 261, et seq. (Family and Medical Leave Act); or any law amendatory thereof. Coverage C: Tort liability for bodily injury, personal injury and property damage for which the member is legally liable under the laws of any jurisdiction other than the State of Oregon and other than any United States Federal jurisdiction to which this coverage agreement applies. CIS—GL/AL (7/1/18) Page 4 of 32 87322959 25-26 GL/AUTO/BM/CRIME/PROP/EQ/FLOOD/CYBER J Sandy L. Orr 1 9/24/2025 8:33:21 AM (PDT) I Page 5 Of 6 Coverage D: Tort liability for the negligence of others assumed by the named member under contract, except as limited in the definition of the term "member" in Section 1. of this Coverage Agreement. Coverage E: Liability to a named member's employee, prospective employee, former employee or the beneficiaries or legal representatives thereof, arising out of, and asserted pursuant to, ORS 30.260 to 30.300, and caused by an occurrence consisting of or based upon the member's negligent errors or omissions in the administration of the named member's employee benefits program. Coverage F: Uninsured/Underinsured Motorists Coverage as set forth in Section 10. of this coverage agreement, pursuant to ORS 278.215. The Limits of Liability of such coverage with respect to a member shall the Per Occurrence Limit for General and Auto Liability Coverage as set forth in the General and Auto Liability Declarations. The limits of liability of such coverage with respect to a permissive user of a covered auto, other than a member, shall be the amounts set forth in ORS 806.070 that is the minimum liability limits of the Financial Responsibility Law as provided in the Oregon Vehicle Code and as set forth in Section 8. of this coverage agreement. In accordance with and subject to the Declarations, the Trust Agreement, Bylaws and Rules of the Trust, and in consideration of the contribution for which this Coverage Agreement is written, and independent of Coverages A - F above, the Trust will pay: Coverage G: Legal expenses reasonably incurred by a public official of the named member arising out of defense of a complaint alleging violation of ORS 244.040 or 244.120 to 244.135, subject to the terms and conditions set forth in Section 7. ETHICS LEGAL EXPENSE COVERAGE of this coverage agreement. Coverage H: The actual or alleged accidental discharge, dispersal, release or escape of pollutants, subject to the terms, conditions, and limitations set forth in this Coverage Agreement, specifically including, without limitation, Section 11. LIMITED POLLUTION LIABILITY COVERAGE. Coverage I: Unless such expenses or damages are otherwise covered by this Coverage Agreement, CYBER SECURITY EXPENSE COVERAGE as set forth in Section 12. The Trust shall have the right and duty to defend, with legal counsel selected by the Trust, any claim or suit against the member seeking damages, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient. The duty to defend any claim or suit shall terminate, except as provided hereafter, when such claim or suit ceases to seek damages against the member. Provided, however, that the duty to defend any claim or suit shall not terminate so long as the claim or suit includes an allegation of breach of an implied contract arising out of an employment relationship with the named member. 3. DEDUCTIBLES A. CONDITIONAL DEDUCTIBLE: Employment Practices CIS—GL/AL (7/1/18) Page 5 of 32 87322959 25-26 GL/AUTO/BM/CRIME/PROP/EQ/FLOOD/CYBER J Sandy L. Orr 19/24/2025 8:33:21 AM (PDT) I Page 6 Of 6