HomeMy WebLinkAbout2009-104 Grant - Rogue Valley Symphony
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CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Rogue Valley Symphony
20 E Main Street Address: 1250 Siskiyou Blvd.
Ashland OR 97520 Ashland, OR 97520
(541) 488-5300
FAX: (541) 552-2059 Telephone: (541 )552-6354
Term of this agreement: July 1, 2009 to June 30, 2010
Category amounts of grant: Tourism: $0
Economic: $550
Cultural: $4,950
Budget subcommittee: Economic and Cultural Development
Contract made the date specified above between the City of Ashland and Grantee named above.
RECITALS: City grants the identified amount for the stated purpose above. This Grant agreement
(ORS 279A.01 0 (i) (A) (ii)) is not a public contract for purposes of ORS 279 A-C. ORS 279A.01 0 (x).
City and Grantee agree:
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1. Amount of Grant. Subject to the terms.and conditions of this' contract,' ttie City agrees.to provide
fu'nds"in the 'amouni specified above: Grant funds shall be utilized or coniraCtually committed in the
fiscal year for what they are awarded.
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2. Qualified Work. Grantee has represe'nted, and by entering into this contract now represents, that
any personnel assigned to the work required under this contract are fully qualified to perform the work
to which they will be assigned in a skilled and. worker-like manner and, if required to be registered,
licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Grantee must
also maintain a current City business license. .
3. Use of Grant Funds. The use of grant funds are expressly limited to the activities in this contract
and per Resolution 2008-35 with modifications, if any, made by the budget subcommittee designated
above or City Council. '
Grantee will report in writing on the use and effect of granted monies per Resolution 2008-35,
whichever is earlier:
a. Within 90 days of the event completion (Single event applications before June 30, 2010)
b. Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 201 0)
c. Or within 90 days of the end of the current budget fiscal year(October 1, 2010)
. If Grantee intends on applying for subsequent grant funds through the City and has not fully used the
previous year's funds, the Grantee must provide a memo acknowledging that as part of the application
processJn FY 2010-2011.
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If Grantee is awarded $4,000 or more in Tourism qualifying funds, they must report statistical data on
!he i~p'act of. these gr<lnt,funds, _.: ::
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All other. Grantees- are.:encouraged - to submit statistical data en the ~'im'pact.of ttie gn:J'nt funds by. the
category in which'they were funded (Tourism, Economic, or 'Cultural Development). . ".
4. 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.
5. 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.
6. Living Wage Requirements. If the amount of this contract is $18,088 or more, and if the Grantee
has ten or more employees, then Grantee is required to pay a living wage, as defined in Ashland
Municipal Code Chapter 3.12, to all employees and subcontractors who spend 50% or more of their
time within a. month performing work under this contract. Grantees required to pay a living wage are
also required to post the attached notice predominantly in areas where it will be seen by all
employees.
7. Termination.
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both
parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Grantee, or at such later date as may be established by City
under any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and
continued at levels sufficient to allow for the grant;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the grant purposes are no longer allowable or appropriate for
award under this contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Grantee to
provide the services required by this contract is for any reason denied, revoked,
suspended, or not renewed. '
8. 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.
In the event of termination, City may stop payment or withhold any Grant funds in City's possession
from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds.
In addition, City shall be entitled to recover any administrative costs, 'including attorney fees or
collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of
termination, if Grant funds are not returned or it is found that Grant funds were misappropriated,
Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are
finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in
addition to any other rights and remedies available to the City under the law.
9. 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.
10. 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, subrogation's, 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.
11. 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
the City's Risk Manager or Finance Director prior to the expenditure of any grant funds. Grantee
shall at its own expense provide the following insurance: Worker's Compensation insurance in
compliance with ORS 656.017, which requires subject employers to provide .Oregon workers'
compensation coverage for all their subject workers.
12. Assignment and Subcontracts. Grantee shall not assign this contract or subcontract any
portion of the work without the written consent of City. Any attempted assignment or subcontract
without written consent of City shall be void. Grantee shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and the
approval by City of any assignment or subcontract shall not create any contractual relation
between the assignee or subcontractor and City.
13. 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.
14. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Grantee that arises from or
reiates to this contract shall be brought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the
signature herein of its authorized representative, hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity, based on the Eleventh Amendment to the United States Constitution, or
otherwise, from any claim or from the jurisdiction.
15. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this contract within the City's fiscal
year budget. Grantee understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this contract. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this contract
without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no
further liability to Grantee.
16. Non-Discrimination. Grantee shall comply with all applicable federal, state and local laws, rules,
and regulations on nondiscrimination because of race, color, ancestry, national origin, religion, sex,
marital status, sexual orientation, age, medical condition, or disability.
GRANTEE
By ~/Wt liLi/v1.t.e/J
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Date (p I
CITY OF ASHLAND
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Finance Dir or
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By
Date
From: Kendall Silvester At The Protectors Insurance FaxlD: 541-772-1906 To: City of Ashland
Date: 6/2412009 09:38 AM Page: 1 of 6
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PRODUCER
Protectors Insurance, LLC
Pilot Rock Ins Agency LLC lCA)
PO. Box 4669
Medford OR 97501
Phone:541-773-5358 Fax: 541-772-1906
OPID KIS
ROGUE27
C IS 55 A 0 ATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
CERTIFICATE OF LIABILITY INSURANCE
INSURERS AFFORDING COVERAGE
Ro~e Valley S~hony
1250 Siskiyou BlVd
Ashland OR 97520 .
ABaoc
INSURER A:
INSURER 8:
INSURER c'
INSURER D
INSURER E'
~ican state. Ina COIrll;paDy
NAIC#
19704
INSURED
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAlvED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERrvl 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.
LTR ~~ TYPE OF INSURANCE POLICY NUMBER I ~~~~MIDDIYYYY DATIr/"'~ LIMITS
~NERAL LIABILITY EACH OCCURRENCE , 1,000,000
A X X COMMERCIAL GENERAL LIABILITY 01CE641830 09/01/08 09/01/09 PREMISES (Ea occurenco) , 1,000,000
I ClAIMS MADE ~ OCCUR MED EXP (Anyone person) '10,000
f-- PERSONAL & ADV INJURY $1,000,000
f-- GENERAL AGGREGATE , 1,000,000
Iil'L AGG:nE ~~M~ A?lS PER: PRODUCTS - COMPfDP AGG $1,000,000
X POUCY JECT LOC Liauor Included
~TOMOBILE lIABILITY COMBINED SINGLE LIMIT ,
f- ANY AUTO (Ea accident)
f- ALL OWNED AUTOS BODILY INJURY
(Per peraon) ,
f- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
,
- NON-OWNED AlJTOS (per accident)
- PROPERTY DAMAGE ,
(peraccidont)
~RAGE LIABILlTV AUTO ONLY - EA ACCIDENT ,
Am AUTO OTHER THAN EAAce ,
AUTO ONLY: AGG ,
3~SS I UMBREllA L1ABlUTY EACH OCCURRENCE ,
OCCUR 0 ClAIMS MADE AGGREGATE ,
,
==1 DEDUCTIBLE ,
RETENTlON , ,
WORKERS COMPENSATION Tro~~m~ I I~ER-
AND EMPLOYERS' LIABILITY VIN
ANY PROPRIETORlPARTNERfEXECUTlVt=] EL ~CH ACODENT ,
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) El. DISEASE - EA EMPLOYE ,
~~C~~~~V~~d~S below E,L. DISEASE-POLICYLlMrT ,
OTHER
DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
As additional insured per po1icy form CG7635(0207):
CERTIFICATE HOLDER
CANCELLATION
CITYAS2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAilURE TO 00 so stlALL
IMPOSE NO OBLIGATION OR LIABIlITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTAT
TION. All rights reserved.
Ci ty of Ashland
20 E Main Str
Ashland OR 97520
ACORD 25 (2009/01)
The ACORD name and logo are registered marks of ACORD
From: Kendall Sflves1er At: The Protectors Insurance FaxlD: 541-772-1906 To: aty of Ashland
Date: 612412009 09:38 AM Page: 3 of 6
~Insurance
"
COMMERCIAL GENERAL LIABILITY
CG 76 35 02 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL UABILITY COVERAGE PART
SCHEDULE
Name 01 Person or Organization:
CITY OF ASHLAND
It's Officers, Employees and Agents
ADDITIONAL INSURED
CONTRACT, AGREEMENT OR
SCHEDULE
BY WRITTEN
PERMIT, OR
lease or occupy, subject to the following
additional provisions:
(a) This insurance does not apply to
any "occurrence" which takes place
after you cease to be a tenant in
any premises leased to or rented to
you;
(b) This insurance does not apply to
any structural alterations, new con-
struction or demolition operations
performed by or on behalf of the
person or organization added as an
insured;
(2) Your ongoing opera~ons for that in-
sured, whether the work is performed
by you or for you;
(3) The maintenance, operation or use by
you of equipment leased to you by such
person or organization, subject to the
following additional provisions:
(9) This insurance does not apply to
any "occurrence" which takes place
after the equipment lease expires;
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The following paragraph is added. to WHO IS AN
INSURED (Section II):
4. Any person or organiza~on shown in the Sched-
ule or lor whom you are required by written con-
tract, agreement or permit to provide insurance
is an insured, subject to the following additional
provisions:
a. The contract, agreement or permit must be
in effect during the policy period shown in
the Declarations, and must have been exe-
cuted prior to the "bodily injury., "property
damage" , or "personal and advertising
InjUry".
b. The person or organization added as an in-
sured by this endorsement is an insured only
to the extent you are held liable due to:
(1) The ownership, maintenance or use of
that part of premises you own, rent,
Includes Copyrighted Material of Insurance Services Gllice, Inc., with its permission.
Copyright, Insurance Services, 2001
CG 76 35 02 07
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Page 1014 EP
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From: Kendall Silvester At The Protectors Insurance FaxlD: 541-772-1906 To: City of Ashland
Date: 6/24/2009 09:38 AM Page: 4 of 6
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(b) This Insurance does not apply to
"bodily Inj ury" or "property dam-
age" arising out of the sole negli-
gence of such person or
. organization;
(4) Permits issued by any state or political
subdivision wllh respect 10 operalions
performed by you or on your behaU,
subject to the following addillonal pro-
vision:
This insurance does not apply to "bodily
injury" , "property damage", or
"personal and advertising Injury" arising
out of operallons performed for the state
or municipality.
c. 1l1e Insurance with respect to any architect,
engineer, or surveyor added as an Insured
by this endorsement does not apply to
"bodily injury", "property damage", or "per-
sonal and advertising injury" arising out of
the rendering of or the failure 10 render any
professional sel'lllces by or for you, includ-
ing:
(1) The preparing, approving, or failing to
prepare or approve maps, drawings,
opinIons, reports, surveys, change or-
ders, designs or speclflcatlons; and
(2) Supel'lllsory, Inspection or engineering
sel'lllcas.
d. This Insurance does nol apply to "bodily
injury' or 'property damage" included within
the "products-completed operations haz-
ard".
A person's or organization's status as an insured un-
der this endorsement ends when your operations for
Ihat insured are completed.
No coverage will be provided if, in the absence of this
endorsement, no liability would be Imposed by law on
you. Coverage shall be limited to the extant of your
negligence or fault according to the applicable princi-
ples of comparative fault.
NON-DWNED WATERCRAFT AND NON-OWNED
AIRCRAFT LIABILITY
Exclusion g. of COVERAGE A (Section I) is replaced
by the fallowing:
g. 'Bodily Injury" or "property damage" arising
out of the ownership. maintenance, use or
entruslment to others of any aircraft, "auto"
or watercraft owned or operated by or rented
or loaned to any Insured. Use includes oper-
ation and "oading or unloading".
This exclusion applies even ~ the claims
agelnsl any insured aUege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by thaI insured, iI the 'occurrence' which
caused the 'bodily injury' or "property
damage" involved the ownership, mainte-
nance, use or entrustment 10 others of any
aircraft, "auto" or watercraft that is owned
or operated by or rented or loaned to any In-
sured.
. This exclusion does not apply to:
(1) A watercraft while ashore on premises
you own or rent;
(2) A watercraft you do not own thai Is:
(a) Less than 62 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways'
neKl to, premises you own or rent, pro-
vided lhe "auto" is not owned by or
rented or loaned to you or the' insured;
(4) Uablllty assumed under any "insured
contract" for the ownership, mainte-
nance or use of aircraft Or watercraft; or
(6) "Bodily Injury" or .property damage"
arising out of:
(8) the operation of machinery or
equipment that is attached to, or
part of, a land vehicle that would
qualify under the definition of
"mobile equipment" if It were not
subject to a compulsory or financial
responsibility law or other motor ve-
hicle insurance law In the slale
where it is licensed or principally
garaged; or
(b) the operation of any of the machin-
ery or equipment listed in Paragraph
f.(2) or 1.(3) of the definition of
"mobile equipment".
(6) An aircraft you do not own provided It Is
not operated by any insured.
TENANTS' PROPERTY DAMAGE LIABILITY
When a Darnage To Premises Rented To You Urnll is
shown In the Declarations, 'Excluslon J. of Coverage
A, Section I is replaced by the following:
,. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
Pogo 2 014
c-AG-l.w'RINlDJ1-3662-oozg.L
From: Kendall Silvester At: The Protectors Insurance FaxlD: 541-772-1906 To: aty of Ashland
Date: 6/24/2009 09:38 AM Page: 5 of 6
any other person, organization or entity, lor
repair, replacement, enhancement, restora-
tion or maintenance 01 such property lor any
reason, Including prevention of Injury to a
person or damage to another's property;
(2) Premises you sell. give away or abandon, il
the "property damage. arises out of any part
of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the Insured;
(5) That particular part of real property on which
you or any conlractors or subcontractors
working directly or indirectly on your behalf
are performing operations, if the "property
damage" arises out 01 those operations, or
(6) That particular part of any property that must
be restored. repaired or replaced because
"your work. was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) 10 premises, Including the con-
tents 01 such premises, rented to you. A separate
Iimil of insurance applies to Damage To Prem-
ises Rented To You as described In Section III
- Umits Of Insurance.
Paragraph (2) of this exclusion does not apply II
the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (6) and (6) of this exclusion
do not apply to liability assumed under e side-
track agreement.
Paragraph (6) of this exclusion does not apply to
"property damage' Included in the "products-
completed operations hazard'.
Paragraph e. of UMITS OF INSURANCE (Section III)
is replaced by the following:
6. Subject to 6. above, the Damage To Premises
Rented To You Limit is the most we will pay un-
der Coverage A for damages because of
"property damage" to anyone premises, while.
rented to you, or in the case of damage by fire,
while rented to you or temporarily occupkld by
you with permission of the owner.
The Damage To Premises Rented To You limit is the
higher of the Each Occurrence Umil shown in the
Declarations or the amount shown In the Declarations
as Damage To Premises Rented To You Umil.
CO 76 35 0207
WHO IS AN INSURED - MANAGERS
The following Is added to Paragraph 2.a. of WHO is
AN INSURED (Section II):
Paragraph (1) does not apply to executive officers, or
to managers at the supervisory level or above.
SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B - BAIL BONDS - TIME OFF FROM
WORK
Paragraph 1.b. of SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B Is replaced by the lollowing:
b. Up to $3,000 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liabilily Coverage applies.
We do not have to furnish these bonds.
Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B is replaced by the following:
d. All reasonable expenses Incurred by the in-
sured at our request to assist us in the in-
vestigation or defense of the claim or "suit",
including actual loss of earnings up to $500
a day because of time off from work.
EMPLOYEES AS INSUREDS - HEALTH CARE
SERVICES
Provision 2.a.(1)(d) of WHO IS AN INSURED (Section
II) is deleted, unless excluded by separate endorse-
ment.
EXTENDED COVERAGE FOR NEWLY ACQUIRED
ORGANIZATIONS
Provision 3.a. of WHO IS AN INSURED (Section II) is
replaced by the following:
II. Coverage under this provision is afforded
only until the end of the policy period.
~
EXTENDED .PROPERTY DAMAGE"
Exclusion a. of COVERAGE A (Section I) is replaced
by the following:
a. "Bodily injury" or "property damage" expected
or Intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or property.
Page 3 of 4
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Co1tG-14.PRRfTCOI.3!562.(JQ3f).l
From: Kendall Silvester At The Protectors Insurance FaxlD: 541-772-1906 To: Qty of Ashland
Date: 6/24/2009 09:38 AM Page: 6 of 6
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EXTENDED DEFlNmON OF BODILY INJURY
Paragraph 3. of DEFINITIONS (Section V) is replaced
by the following:
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, Including mental
anguish or death resulting from any of these at
any time.
TRANSFER OF RIGHTS OF RECOVERY
The following is added to Paragraph 8. Transfer 01
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL UABIUTY CONDITIONS (Sec-
tion IV):
We waive any rights of recovery we may have against
any person or. organization because of payments we
make for Injury or damage arising out of your ongoing
operations or "your work" done under a contract with
that person or organization and Included in the
"products-completed operations hazard". This waiver
applies only to a person or organization for whom you
are required by wrltten contract, agreement or permit
to waive these rights of recovery.
AGGREGATE LIMITS OF INSURANCE - PER
LOCATION
For all sums which the insured becomes legally obli-
gated to pay as damages caused by "occurrences"
under COVERAGE A (Section I), and for all medical
expenses caused by accidents under COVERAGE C
(Section I), which can be attributed only to operations
at a single "location":
Paragraphs 2.a. and 2.b. of Umits of Insurance (Sec-
tion III) apply separately to each of your "locations"
owned by or rented to you.
"Location" means premises Involving the same or
connecting lots, or premises whose connection is
interrupted only by a street, roadway, waterway, or
right-of-way of a railroad.
INCREASED MEDICAL EXPENSE LIMIT
The Medical Expense Umit is amended to $10,000.
KNOWLEDGE OF OCCURRENCE
The following Is added to Paragraph 2. Duties In The
Evenl Ot Occurrence, Offense, Claim Or Suit of
COMMERCIAL GENERAL LIABIUTY CONDITIONS
(Section IV);
Knowledge of an "occurrence", claim or "suit" by
your agent, servant or employee shall not in itseU
constitute knowledge of the named insured unless an
officer of the named insured has received such notice
from the agent, servant or employee.
UNINTENTIONAL FAILURE TO OISCLOSE ALL
HAZARDS
The following is added to Paragraph 8. Representa-
tions of COMMERCIAL GENERAL UABILITY CONDI.
TlONS (Section N):
" you unintentionally fail to disclose any hazards ex-
isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
such failure. However, this proviSion does not affect
our right to collect additional premium. or exercise our
right of cancellation or non-renewal.
LIBERALIZATION CLAUSE
The following paragraph is added to COMMERCIAL
GENERAL L1ABIL/1Y CONDITIONS (Section IV):
10. If a ravision to this Coverage Part, which would
provide more coverage with no additional pre-
mium, becomes effective during the policy period
in the state shown in the Declarations, your pol-
icy will automatically provide this additional cov-
erage on the effective date of the revision.
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