HomeMy WebLinkAbout2011-127 Grant - Multicultural SO KSKQ Radio
CITY OF ASHLAND
FINANCIAL ASSISTANCE AWARD CONTRACT
CITY: CITY OF ASHLAND GRANTEE: Multicultural Association of South
20 E Main Street Oregon/KSKQ Community Radio
Ashland OR 97520 Address: PO Box 67
(541) 488-5300 Medford, OR 97501
FAX: (541) 552-2059 Teleohone: (541) 779-3740
Term of this agreement: July 1, 2011 to June 30,2012
Category amounts of grant: Tourism:
Economic:
Cultural: $3,000
Sustainabilitv:
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. Pursuant to ORS 279A.025(2)(d),
this Grant agreement tORS 279A.010 (k) (A) (ii)) is not a public contract for purposes of ORS 279 A-C.
City and Grantee agree:
1. Amount of Grant. Subject to the terms and conditions of this contract, the City agrees to provide funds in
the amount specified above. Grant funds shall be utilized or contractually committed in the fiscal year for what
they are awarded.
2. Qualified Work. Grantee has represented, 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 2011-07 with modifications, if any, made by the budget subcommittee designated above or City
Council.
The grantee agrees to incorporate within any printed or electronic notices or advertisements the following
wording whenever possible: "This program (activity, concert, museum, directory, performance, etc) is funded,
in part, by Ashland lodging tax revenues.
Grantee will report in writing on the use and effect of granted monies per Resolution 2011-07, whichever is
earlier:
a. Within 90 days of the event completion (Single event applications before June 30, 2012)
b. Or as part of a subsequent application for grant funds from the City, if funding has been
completely used by grantee(Spring of 2012)
c. Or within 90 days of the end of the current budget fiscal year(October 1, 2012)
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 process in FY
2012-2013.
If Grantee is awarded $4,000 or more in Tourism qualifying funds, they must report statistical data on the
impact of these grant funds.
All other Grantees are encouraged to submit statistical data on the impact of the grant 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, pap.ers or documents relating to the use of grant funds.
6. Living Wage Requirements. If the amount of this contract is $18,890 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 $1 ,000,000 per occurrence (combined single limit for bodily injury and property damage
claims) or $1,000,000 per occurrence for bodily injury and $100,000 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 relates 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 10 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.
GRA~TEE
By (lrv1hu~, cfoJrl~
-"""
Title rlffftftMfJAf
Date (p (2%//1
CITY OF ASHLAND
By .IP ~ c:L . ~ ~j
City Represent . e
Date 7/p,/OJ If
o:Multlcultural Assoc, (15415522059)
i~
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'AC@RD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDI?/YYYY) .
~ 06130/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUtNG INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. 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
certlftcate holder In Ueu of such endorsement{s).
PRODUCER 541-479-2667 I ~2U~~c;r
Redwoods Leavitt Ins. Agency I r28NJo EJdl: Jr~ Nol:
CA lie #OC66788
1485 NE 7th Street E-MAIL
Grants Pass, OR 97526 ADDRESS:
Carolyn Wilkinson-Old . MULTI-5
INSURER/SI AFFORDING COVERAGE NAlCI
INSURED Multicultural Assodation INSURER A: Philadelphia Insurance Company G9352
of Southern Oregon INSURER B :
PO Box 67 INSURER C :
Medford, OR 97504
INSURER D '
.
INSURER E :
INSURER F :
OP 10: ZCJO
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOlWlTHSTANDING 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 POLle. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IrM TYPE OF INSURANCE I~~~ POUCY NUMBER ~ 'MMro~ UMITS
~NERAL UABIUTY EACH OCCURRENCE , 1,000,00C
A X COMMERCIAl GENERAL LIABILITY X PHPK714525 06/01/11 06/01112 I ~~~~~JYE~~~~nte , IOD,OO(
I CLAIMS-MADE 00 OCCUR MED EXP (Any OIle palSen) , 5,00C
f- PERSONAl & ADV INJURY , 1,000,00C
f- GENERAL AGGREGATE , 2,OOO,00C
~~AGG~nE LIMIT AP~tl PER: PROOUCTS-COMPIOPAGG , 2,000,00
X POLICY P'fg: LOC ,
~OMOBILE UABlUlY COMBINED SINGLE llMfT ,
(Eaaccidenl)
- ANY AUTO BODILY INJURY (Per person) ,
f- AlL OWNED AUTOS BODilY INJURY (Per accident) ,
'- SCHEDULED AUTOS PROPERTY DAMAGE
,
- HIRED AUTOS (Porac;went)
- NON.OWNED AUTOS ,
,
- UMBRElLA LIAS H OCCUR EACH OCCURRENCE ,
EXCESS UAB CLAIMS.MADE AGGREGATE ,
- DEDUCTIBLE ,
RETENTION , ,
WORKERSCOMPENSAflON I T~~.;IfUNs I IOJ~'
AND EMPLOYERS' UABIUTY V,"
ANY PROPRlETORlPARTNERlEXECUTIVE 0 NIA E.l. EACH ACCIDENT ,
O~~ICERIMEMBER EXCLUDED?
(Maridatoryln NHI E_l. DISEASE. EA EMPLOYEf ,
If y", descri>e under
DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT ,
DESCRIPllON OF OPERATIONS I LOCATIONS , VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
The Ci:r of Ashland, its officers and emplo.rc6es are named as additional
insure in regards to General Liability per arm CG2026 per written
contract.
CERTIFICATE HOLDER
CANCEllATION
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEliVERED IN
City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS.
20 E. Malnstre6t
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
, \)uut-l (!),ivv
ACORD 25 (2009/09)
@1988-2009ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
o:Multlcultural Assoc, (15415522059)
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To: Lee Tuneberg
Cc: Connie Saldan
Cc: Philadelphia Ins,.
Here is a Certificate of Liability for Multicultural AssQC, showing City of Ashland as certificate holder. if you have any
changes or questions about this certificate feel free to contact me directiy,
Per agency requirements all certificates will be sent to the carrier.
Thank you,
Jenni Orton
Customer Service Agent
. Redwoods Leavitt Insurance Agency
785 E. Washington Blvd, Ste. 4
Crescent City, CA 95531
clcredwoods@leavitt.com
P - 888.244.0410
F - 866.688.5709
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POLICY NUMBER: PHPK
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s)
Information reauired to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to include
as an additional insured the person(s) or organization(s)
shown in the Schedule, but only with respect to liability
for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by your
acts or omissions or the acts or omissions of those
acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
@ ISO Properties, Inc., 2004
Page 1 of 1
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Pl-GLD-HS (04/07)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
HUMAN SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply In the event that no other specific coverage for
the indicated Joss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and
limits of that coverage are the sole and exclusive coverage applicable under this policy. unless otherwise noted on
this endorsement. The following is a summary of the Limrts of Insurance and additional coverages provided by this
endorsement. For complete details on specific coverages, consult the P?!icy contract wording.
Coverage Applicable
Limit of Insurance
Page #
Damage to Premises Rented to You
Extended Property Damage
Non-Owned Watercraft
Medical Payments
Medical Payments Extended Reporting Period
Athletic Activities
Supplementary Payments Bail Bonds
Supplementary Payment Loss of Earnings
Employee Indemnification Defense Coverage for Employee
r6dal~qoalaO$u~ea*lM~C1ica_I~.QlrictQi$q,afiarl.(dmioi$t@_tQml
'Aaaiti6nalahsiifea~Ma1iageiSraiia;StipeiYiSii1S1
'Aifaitioiial.lnsiifea~E:Broiideneail'iliiffiea\lnsi,ifea'
~itQiiiohJ! ~Iil.~iifiigl' ~,IffiMj"il\Sbu'i~
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fada_i_UQoannr$yf~~L-i:~}N1i}ni:i{:ie_fifiuao.QfQta_$?NP11(12[33j:;b:$.rotj,ej;~mi$~$l
"ii'fiiiit~'A'iJlomatiC!Sliitils
h"-~
$1,000,000
included
Less than 58 feet
$20,000
3 years
Amended
$2,500
$500 per day
$25,000
'Xiiiillrdea'
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11"aij'.a,~1:tj
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3
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Limited Rental Lease Agreement Contractual Liability
Damage to Property You Own, Rent, or Occupy
Transfer of Rights of Recovery Against Others To Us
Duties In the Event of Occurrence, Claim or Suit
Unintentional Failure to Disclose Hazards
Liberalization
Bodily Injury includes Mental Anguish
Personal and Advertising Injury - includes Abuse of Process,
Discrimination
Key and Lock Replacement Janitorial Services Client Coverage
ijri'cll1ifedi
$50,000 limit
$30,000 limit
Clarification
Included
Included
Included
Included
Included
'4'1
5
5
5
5
5
6
6
6
$5,000 limit
6
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PI-GLD-HS (04/07)
A. Damalle to Premises Rented to You
1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective
systems" where it appears in:
a. The last paragraph of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III . LIMITS OF INSURANCE, Paragraph 6.;
c. SECTION V - DEFINITIONS, Paragraph 9.a.
2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the
words "Fire insurance" are changed to "insurance for fire, lightning, explosion, smoke, or leakage
from automatic fire protective systems" where it appears in:
a. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other
Insurance, Paragraph b. Excess Insurance
3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the
greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay fot all damage proximately caused by the same event, whether such
damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective
systems or any combination thereof.
B. Extended "Property Damalle"
SECTION 1- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted and replaced by the following:
a. Expected or Intended Injury
"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.
C. Non-Owned Watercraft
SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person, who with your consent, either uses or is responsible for the
use of a watercraft. This insurance is excess over any other valid and collectible insurance
available to the insured whether primary, excess or contingent.
D. Medical Pavments - Limit Increased to $20.000. Extended Reportinll Period
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If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part:
1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF
INSURANCE to the greater of:
a. $20,000; or
b. The Medical Expense Limit shown in the Declarations of this Coverage Part.
2. COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of
Paragraph a. is amended to read
provided that:
(2) The expenses are incurred and reported to us within three years of the date of the accident;
E. Athletic Activities
SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions,
Paragraph e. Athletic Activities is deleted and replaced with the following:
e. Athletic Activities
To a person injured while taking part in athletics.
F. Suaalementarv Pavments
Under the SUPPLEMENTARY PAYMENTS - COVERAGE A AND B provision, Items 1.b. and 1.d.
are amended as follows:
1. The limit for the cost of bail bonds is changed from $250 to $2,500; and
2. The limit for loss of earnings is changed from $250 a day to $500 a day.
G. Emalovee Indemnification Defense Coveraae
Under the SUPPLEMENTARY PAYMENTS. COVERAGES A AND B provision, the following is
added:
3. We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding.
The most we will pay for any "employee- who is alleged to be directly involved in a criminal
proceeding is $25,000 regardless of the numbers of "employees", claims or "suits" brought or
persons or organizations making claims or bringing "suits".
H. SECTION II - WHO IS AN INSURED is amended as follows:
1. If coverage for newly acquired or formed organizations is not otherwise excluded from this
Coverage Part, Paragraph 3.a. is changed to read:
a. Coverage under this provision is affotded until the end of the policy period.
2. Each of the following is also an insured:
a. Medical Directors and Administrators - Your medical directors and administrators, but only
while acting withiri the scope of and during the course of their duties as such. Such duties do
not include the furnishing or failure to furnish professional services of any physician or
psychiatrist in the treatment of a patient.
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b. Managers and Supervisors - If you are an organization other than a partnership or joint
venture, your managers and supervisors are also insureds, but only with respect to their duties
as your managers and supervisors.
c. Broadened Named Insured - Any organization and subsidiary thereof which you control and
actively manage on the effective date of this Coverage Part. However, coverage does not
apply to any organization or Subsidiary not named in the Declarations as Named Insured, if they
are also insured under another similar policy, but for its termination Ot the exhaustion of its limits
of insurance.
d. Funding Source - Any petson or organization with respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control while you lease or occupy these premises.
This insurance does nol apply to structural alterations, new construction and demolition
operations perfonned by or for that person or organization.
e. Home Care Providers. At the first Named Insured's option, any person or organization under
your direct supervision and control while providing for you private home respile or foster home
care for the developmentally disabled.
f. Managers, Landlords, or Lessors of Premises - Any person or organization with respect to
their liability atising out of the ownership, maintenance or use of that part of the premises
leased or renled to you subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that premises.
(2) Structural alterations, new construction or demolition operations performed by or on
behalf of that person or organization.
g. Lessor of Leased Equipment - Automatic Status Whe.n Required in Lease Agreement
With You - Any person or organization from whom you lease equipment when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization is to be added as an additional insured on your policy. Such person or
organization is an insured only with respect to liability fot "bodily. injury", "property damage"
or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation
or use of equipment leased to you by such person or organization.
A person's or organization's status as an additional insured under this endorsement ends when
their contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded to these additional insureds, this insurance does not
apply to any "occurrence" which takes place after the equipment lease expires.
h. Grantors of Permits - Any state or political subdivision granting you a penn it in connection
with your premises subject to the following additional provision:
(1) This insurance applies only with respect to the following hazards for which the state or
political subdivision has issued a pennit in connection with the premises you own, rent or
control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees,
hoist away openings, sidewalk vaults, street banners or decorations and similar
exposures; or
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(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this insurance.
I. Limited Rental Lease Aareement Contractual Liabilitv
The following is added to SECTION I - COVERAGES, COVERAGE A, BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b, Contractual Liability:
(3) Based on the named insured's request at the time of claim, we agree to indemnify the named
Insured for their liability assumed in a contract or agreement regarding the rental or lease of a
premises on behalf of theit client, up to $50,000. This coverage extension only applies to rental
lease agreements. This covetage is excess over any renter's liability insurance of the client.
J. Damaae to Property You Own, Rent or Occupv
SECTION 1- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2, Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its
entirety and replaced with the following:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any
other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or
damage to another's property, unless the damage to property is caused by your client, up to a
$30,000 limit. A client is defined as a person under your direct care and supervision.
K. Transfer of Riahts of Recoverv Aaainst Others To Us
As a clarification, the following is added to SECTION IV - COMMERCIAL GENERAL L1ABLITY
CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us:
Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss,
provided the waiver is made in a written contract.
L. Duties in the Event of Occurrence, Claim or Suit
1. The requirement in Paragraph 2.a. of SECTION IV . COMMERCIAL GENERAL LIABILITY
CONDITIONS that you must see to it that we are notified as soon as practicabie of an "occurrence"
or an offense, applies only when the "occurrence" or offense is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership; or
c. An executive officer or insurance manager, if you are a corporation.
2. The requirement in Paragraph 2.b, of SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as
practicable will not be considered breached unless the breach occurs after such claim or "suit" is
known to:
a. You, if you are an individual;
b. A partner, if you' are a partnership; or
c. An e,xecutive officer or insurance manager, if you are a corporation.
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M. Unintentional Failure To Disclose Hazards
It is agreed that, based on our reliance on your representations as to existing hazards, if YOtt should
unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this
Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
N. Liberalization
If we revise this endorsement to provide more coverage wnhout additional premium charge, we will
automatically provide the additional coverage to all endorsement holders as of the day lhe revision is
effective in your state.
O. Bodilv Iniury - Mental Anauish
SECTION V - DEFINITIONS, Paragraph 3. is changed to read:
"Bodily Injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from anyof these; and
b. Except for mental anguiSh. includes death resulting from the foregoing (Item a. above) at any
time.
P. Personal and Advertisina Iniury - Abuse of Process. Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise
excluded from this Coverage Part, the definition of "personal and advertising injury" is amended as
follows:
1. SECTION V - DEFINITIONS, Paragraph 14.b. is revised to read:
b. Malicious prosecution or abuse of process;
2. SECTION V - DEFINITIONS, Paragraph 14. is amended to include the following:
"Personal and advertising injury" also means discrimination based on race, color, religion, sex,
age or national origin, except when:
(1) Done intentionally by or at the direction of, or with the knowledge or consent of:
(a) Any insured; or
(b) Any executive officer, director, stockhoider, partner or member of the insured; Ot
(2) Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or application for employment of any person or persons by an
insured; or
(3) Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, renlal,
lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or
(4) Insurance for such discrimination is prohibited by or held in violation of law, public policy,
legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
The following additional coverage is added to A. COVERAGE 4. ADDITIONAL COVERAGES:
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Q. Kev and Lock Replacement - Janitorial Services Client CoveraCle
1. We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other
loss to keys entrusted to you by your "client", up to a $5,000 limit per occurrence/$5,OOO policy
aggregate.
2. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that
you or any of your partners, members, officers, "employees", "managers", directors, trustees,
authorized representatives or anyone to whom you entrust the keys of a "client" for any purpose
commit, whether acting alone or in collusion with other persons.
3. The following, when used on this coverage, are defined as follows:
a. "Client" means an individuai, company or organization with whom you have a written .contract or
work order for your services for a described premises and have billed for your services.
b. "Employee"
1. Any natural person:
a. While in your service or for 30 days after termination of service;
b. Who you compensate directly by salary, wages or commissions; and
c. Who you have the right to direct and control while performing services for you; or
2. Any naturai person who is fumished temporarily to you:
a. To substitute for a permanent "employee" as defined in Paragraph 1. above, who is
on leave; or
b. To meet seasonal or short-term workload conditions;
while that person is subject to your direction and control and performing services for you.
3. "Employee" does not mean:
a. Any agent, broker, person leased to you by a labor leasing firm, factor, commission
merchant, consignee, independent contractor Ot representative of the same general
character; or
b. Any "manager", director or trustee except while performing acts coming witl1in the
scope of the usual duties of an "employee".
c. "Manager" means a person serving in a directorial capacity for a limited liabitity company.
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,
Multicultural Association of Southern Oregon
P.O. Box 67, Medford, OR 97501
541-779-3740
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www.mcaso.ore: www.kska.ore:
-
June 29, 2011
Mr. Lee Tuneberg
Admnsitrative Services and Finance Director
City of Ashland
20 E, Main Street
Ashland, OR 97S20
Dear Mr. Tuneberg,
Please find two signed copies of he Financial Assistance Award Contract for the Mulituclutlural
Association of Southern Oregon/KSKQ Community Radio, The insurance certificate will arrive separately
b yfix direct from Redwood Leavitt nsurance Agency.
Thank you and others at the City for supporting our work,
.~
Carson Bench,
Vice President