HomeMy WebLinkAbout12- Archery Contract 2.pdfWOR; FRS' COMPENS. _TION
INSURANCE COVERAGE
EMPLOYEE NOTICE
BIG SKY ARCHERY INC Date: 07/19/2011
77 LAURA LOUISE LN Policy Number: 03- 339279 -6
BOZEMAN MT 59718
Team: 1
The above -named employer's workers' compensation insurance coverage is active and in good
standing for the period of 08/03/2011 to 08/03/2012, provided the employer meets all premium
and reporting requirements.
IF YOU ARE INJURED
You should report any on- the -job injury to your supervisor, employer, or insurer as soon as
possible. You must report the accident within 30 days. A sole proprietor, partner, manager of a
manager- managed limited liability company, member of a member - managed limited liability
company, or corporate officer covered under the Montana Workers' Compensation Act must
report an accident to the insurer within 30 days.
Report minor injuries to your employer whether or not you receive medical treatment. After you
report the injury, your employer has 6 days to notify their insurer. You must submit a written
First Report of Injury within 12 months from the date of the accident or within one (1) year from
the knowledge of an occupational disease. You can submit this form to your employer, insurer,
or the Department of Labor and Industry.
All employees sustaining a compensable work related injury or occupational disease, other than
those who are exempted by statute (Section 39 -71 -401, MCA), are covered for medical and
wage -loss benefits.
Prior to the Insurer's designation or approval of a Treating Physician
you may choose your initial Health Care Provider.
You may continue to receive treatment from your initial health care provider unless the insurer
designates a treating physician other than your initial health care provider. After providing you
with a notice of a designated or approved treating physician, the insurer is no longer liable for
treatment provided by other health care providers unless authorization is obtained to continue
treatment.
For specific information about this policy, call or write your
employer's insurance carrier:
AAnntana StRta Fiend
OMU2012 15 12 1 7EST Page 1 of $
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
IF YOU RECEIVED UNSOLICITED ADVERTISING FAXES FROM ENGINEERING SERVICES
AND PRODUCTS COMPANY (-ESPC-), PLEASE READ THIS NOTICE CAREFULLY.
IF YOU WISH TO BE PAID BENEFITS UNDER THIS SETTLEMENT, SUBMIT A CLAIM FORM BY OCTOBER 5, 2012.
To All Members of the Following Class:
All persons and entities with fax numbers, who in December,
2011, were sent faxes by Engineering Services and Products
Company, promoting its goods or services for sale, and who
were not provided with an "opt out" notice as described in 47
U.S.C. § 227.
I. WHY IS THIS NOTICE BEING SENT?
This notice is being sent to let people know that they may be
eligible to receive their pro rata share of a Settlement Fund described
below under a proposed settlement of a class action lawsuit if they
submit a claim form by OCTOBER 5, 2012. The lawsuit is pending in
federal court in Chicago, Illinois. The hearing to approve the settlement
will be held on NOVEMBER 9. 2012 at 1:30 a.m. before Judge
Bucklo, Courtroom 1441 of the U.S. District Court for the Northern
District of Illinois, 219 S. Dearborn St., Chicago, IL 60604.
II. WHAT IS THE LAWSUIT ABOUT?
Plaintiff Richard Wade Architects, P.C. ("Plaintiff') sued
ESPC, alleging that it received an unsolicited facsimile advertisement
from ESPC and that the sending of this fax violated federal law, called
the federal Telephone Consumer Protection Act. Plaintiff sought to
represent a class of persons to whom ES PC sent unsolicited advertising
facsimiles. ESPC denies these allegations but has agreed to settle to
avoid the costs and uncertainties of litigation. ESPC will vigorously
defend the lawsuit if the proposed settlement is not approved.
III. WHAT IS THE PROPOSED SETTLEMENT?
The parties to the lawsuit have agreed to settle after extensive
negotiations. Under the proposed settlement, ESPC has agreed to pay a
Settlement Fund in the amount of $215,000. The Settlement Fund will
cover an award to the plaintiff ($3,000, in addition to its recovery as a
class member), attorney's fees (in the amount of $64,500 or 30% of the
Settlement Fund), plus reimbursement of reasonable costs of notice and
administration incurred. After these amounts are deducted, each Class
Member who submits a valid claim by OCTOBER 5, 2012 will
receive an equal share of the remaining funds. Your share of the
settlement fund depends on how many Class Members submit claim
forms. This notice is being sent to approximately 50,000 persons or
entities. Therefore, if 10% of the Class Members submit a valid claim,
you may expect to recover approximately $26.00. If 15% of the Class
Members submit a valid claim, you may expect to recover
approximately $17.00. If 20% of the Class Members submit a valid
claim, you may expect to recover approximately $13.00. The recovery
to the Class Members is estimated and is subject to change based on the
costs of notice and administration.
Defendant has sent its advertisements to some Class
Members with whom it has had an established business relationship or
from whom it had obtained prior permission to receive fax
communications. These persons are estimated to comprise at least 85%
and as many as 95% of the Class.
IV. HOW DO I GET A PAYMENT?
If you are part of the class described above, complete and
submit the claim form to EDELMAN, COMBS, LATTURNER &
GOODWIN, LLC (26407), 120 S. LaSalle St., 18`h Floor, Chicago,
IL 60603, class- settlement@edcombs.com or 866 -834 -3504 (FAX).
Claim forms must be faxed, emailed or postmarked by OCTOBER 5.
2012.
V. WHAT AM I GIVING UP?
If the settlement becomes final, you will be releasing ESPC of
any claims relating in any way to their sending of unsolicited advertising
facsimiles in December, 2011. This release is more fully explained in
paragraph 11 of the Settlement Agreement. You will need to reference
case number 11 C 9251. The Settlement Agreement is available at
www.edcombs.com or at the Clerk's Office, U.S. District Court for the
Northern District of Illinois, 219 S. Dearborn St., Chicago, IL 60604 or
from Settlement Class Counsel during regular business hours.
VI. EXCLUDING YOURSELF FROM THE SETTLEMENT
You will be a member of the Settlement Class unless you
exclude yourself from the Settlement Class. You need not take any
action to remain in the Settlement Class but you need to submit a Claim
Form by OCTOBER 5. 2012 to be eligible to receive a payment.
If you want to keep the right to sue ESPC over the legal issues in
this case, then you must take steps to get out of the settlement. This is
called asking to be excluded from — or sometimes called "opting out" of—
the class. To exclude yourself from the settlement, you must send a letter
saying that you want to be excluded from Richard Wade Architects, P.C.
v. Engineering Services and Products Company, 11 C 9251, class action
settlement. Be sure to include your name, address and the number for the
facsimile machine on which you were sent a fax advertisement and your
signature by OCTOBER 5. 2012. Send the letter to Class Counsel at
the address provided in paragraph VIII. If you opt out, you will not
receive any payment from the Settlement Fund, you cannot object to the
Settlement and you will not be bound by anything that happens in this
lawsuit.
VII. OBJECTING TO THE SETTLEMENT.
Either on your own or through an attorney you hire, you can
tell the Court that you don't agree with the settlement or some part of it.
You must explain why you think the Court should not approve the
settlement. To object, you must send a letter saying that you object to the
settlement in Richard Wade Architects, P.C. v. Engineering Services and
Products Company, 11 C 9251. Be sure to include your name, address
and the telephone number for the facsimile machine on which you were
sent the fax advertisements, a statement of your objection, an explanation
of the reasons you object to the settlement and documentation, if any, to
support your objection by OCTOBER 5, 2012. The Court will consider
your views if you properly submit an objection on time.
Objecting is simply telling the Court that you don't like something
about the Settlement. You can object ONLY if you stay in the class. If
you exclude yourself, you can't object. Any objections or appearances
must be filed with the Court and reference 11 C 9251 and sent to Class
Counsel at the address provided in paragraph VIII and Defendant's
Counsel at the following address: Norman K. Beck, WINSTON &
STRAWN LLP, 35 W. Wacker Drive, Chicago, IL 60601 (312) 558-
5700 (FAX), www.winston.com.
VIII. WHO REPRESENTS THE CLASS?
The Court has appointed the following law firm to represent
you and other members of the Settlement Class in this lawsuit:
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC (26407)
120 S. LaSalle St., 181h Floor
Chicago, IL 60603
(312) 917 -4504 866 - 834 -3504 (FAX) www.edcombs.com
class-settlement(@,edcombs.com
This firm represents your interests in this lawsuit. You may contact
them with any questions that you have about the lawsuit or the
Settlement. You do not have to pay the fees of Class Counsel. You
may also hire your own attorney at your own cost to appear on your
behalf.
IX. CAN I GET MORE INFORMATION?
This notice is intended only as a summary ofthe lawsuit and
proposed settlement. It is not a complete statement of the lawsuit or the
proposed settlement. You may inspect the pleadings and other papers
33AX51 M2 F 1 a7ES 'age 2oW3
(including the proposed Settlement Agreement) that have been filed in 11
C 9251, at the office of the Clerk of the Court, U.S. District Court for the
Northern District of Illinois, 219 S. Dearborn St., Chicago, IL 60604. If
you have questions about this notice or the proposed settlement, you may
contact Settlement Class Counsel at the address and phone number listed
above. DO NOT CONTACT THE COURT OR DEFENDANT FOR
INFORMATION.
BY ORDER OF THE U.S. DISTRICT COURT, N.D. Ill.
0=612012 16 12 1 7EST Page 3 013
CLAIM FORM
RICHARD LL' 4DE ARCHITECTS. P.C. v ENGINEERING SERVICES
AND PRODUCTS COMP.4NE
(N.D. Ill. 11 -C: -9251)
TO RECEIVE A PAYMENT UNDER THIS SETTLEMENT AGREEMENT, THIS
CLAIM FORM MUST BE FAXED, EMAILED OR POSTMARKED ON OR BEFORE
OCTOBER 5, 2012 TO THE FOLLOWING:
EDELMAN, COMBS, LATTURNER & GOODWIN, LLC (26407)
120 S. LaSalle St., 18th Floor
Chicago, IL 60603
866 - 834 -3504 (FAX)
class - settlement a.,edcombs.com
Please print or type the following information:
NAME OF PERSON OR ENTITY THAT SUBSCRIBED TO THE FAX LINE:
CURRENT MAILING ADDRESS OF SUBSCRIBER OF FAX LINE:
ADDRESS:
CITY/STATE.-
ZIP CODE:
FAX NUMBER:
IT IS YOUR RESPONSIBILITY TO KEEP A CURRENT ADDRESS
ON FILE WITH THE CLASS ADMINISTRATOR.
406 - 582 -2292
RRAw4j Farmers Union Mutual Insurance Company
300 River Drive North
P.O. Boa 2169 COMORCIAL UMBRELLA POLIC'
h1ll�lRifCe Great Falls, MT 59403 -2169
ww.fumico.net RENEWAL DECLARATION
Policy Number Policy Period _ Agent No.
--
From To
CB00001261 04/04/12 04/04/13 12:01 AN MOUNTAIN STANDARD TIME MT00230
Named Insured and Address: Agent Name and Address:
BIG SKY ARCHERY INC BELGRADE INSURANCE AGENCY, INC
77 LAURA LOUISE LANE 201 W. MADISON AVE. SUITE 200
BOZEMAN MT 59718 BELGRADE MT 59714 -3906
PHONE: (406) 388 -6774
INSURED IS: CORPORATION
BUSINESS DESCRIPTION: ARCHERY SHOP
PREMIUM FOR THE TERM OF THIS POLICY:
ADDITIONAL /RETURN PREMIUM:
LIMIT OF LIABILITY: $4,000,000
SELF - INSURED RETENTION: $10,000
$2,700
ANY ONE OCCURRENCE OR OFFENSE
SCHEDULE OF UNDERLYING INSURANCE AND LIMITS OF LIABILITY
UNDERLYING INSURANCE POLICY NUMBER/
COMPANY NAME POLICY PERIOD
G NERAL LIABILITY
FARMERS UNION MUTUAL INSURANCE COMPANY
BP00004736
04/04/12 - 04/04/13
GENERAL AGGREGATE
PRODUCTS /COMPLETED OPERATIONS AGGREGATE
PERSONAL AND ADVERTISING INJURY
EACH OCCURRENCE
LIMITS
$2,000,000
$2,000,000
$1,000,000
$1,000,000
,yam Farmers Union Mutual Insurance Company
N� 300 River Drive North BQSINZSSONNSRS POLICY
p.0. Box 2169
Arrd!lQ44". Great Falls, MT 59403 -2169 RENEWAL DECLARATION
www.fuajco.net
Bp00004736
04/04/11 04/04/12 12:01 AM MOUNTAIN STANDARD TINS RT00230
BELGRADE INSURANCE A E SUITE 200
BIG SKY ARC�tY INC 201 W. MADISON AVE.
77 LAURA LOUISE LANE BELGRADE MT 59714 -3906
BOZZIAN MT 59718
pgpNE: (406) 388 -6774
CORPORATION
FORM OF BUSINESS:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, IN URANCEEAS STATED INETHISMPOLICY.
THIS POLICY, WE AGREE TO PROVIDE YOU
NSURED PREMISES:
LOC # BLDG # ADDRESS p,RCHERY SHOP
BUSINESS DESCRIPTION:
1 1 77 LAURA LOUISE LANE
BOZEMAN MT 59718
POLICY DEDUCTIBLE:
SPECIAL WINDSTORM AND
RAIL DEDUCTIBLE:
APPLICABLE TO BUILDINGS GLASS DEDUCTIBLE
COVERAGE EXTENSIONS/ OPTIONAL COVERAGES /
* * ** PROPERTY * * **
LIMITS
LOC. 1 BLDG. 1
200,000
USINESS PERSONAL PROPERTY $50,000
USINESS INCOME / EXTRA EXPENSE
OVERAGE EXTENSIONS INCLUDED
10,000
,ERSONAL PROPERTY OFF PREMISES $$1,000
'ALUABLE PAPERS & RECORDS $1,000
ACCOUNTS RECEIVABLE $1,000 $1,000
** OPTIONAL COVERAGES INCLUDED
MONEY AND SECURITIES NOT COVRD NOT COVRD
EMPLOYEE DISHONESTY
NOT COVRD
��..w�
LIMITS
**
**
$5000
$5000
$5000
ON PREMISES
OFF PREMISES
ON PREMISES
OFF PREMISES
1 OATE(MM'DO/YWY)
AL --- CERTIFY ATE OF LIABILITY INSURr__ SCE 9/18/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 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 CONSTRUTE A CONTRACT BETWEEN THE ISSUING 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. N SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In Ilou of such endorsoment(s).
PRODUCER CONTACT
NAME
BELGRADE INSURANCE AGENCY PHONE (406) 388 -6774 Arc Na (406) 388 -67
201 N Madison Ave Ste 200 ,em
Belgrade, MT 59714 An gs caarker @bel grade insurancea ency.Com
MURER(S) AFFORDING COVERAOE NAIC0
INSIIRERA Farmers Union Mutual Ins Co 28436
INSURED INSURER R
Big Sky Archery Inc INSURER C:
77 Laura Louise Lane INSURER D
Bozeman, MT 59718 INSURER E
COVERAGES CERTIFICATE NLJMRFR RFVISION 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
UM
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TYPE OF INSURANCE
ADOL
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POLICY NUMBER
i1MMIDD/YYYYI
A4d43D/YYYYI
LIMITS
GENERAL LIAB(LrTY
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S 1.000.000
COMWERCIAL GENERAL LIABILITY
CLNMS4EADE ® OCCUR
PRF611SFS /En emnr 11
$ 50.000
MED EXP (Any one parson)
S 5.000
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BP00004736
04/04/12
04/04/13
PERSONAL aADvINJURY
s 1,000,000
GENERAL AGGREGATE
S 2,000,000
GEITL AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OP AGG
s 2,000,000
POLICY PRO LOC
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AUTOMOBILE
LIABILITY
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BODILY INJURY (Per Person)
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UMBRELLA LWB
EXCESS LIAB
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CLAIMS-MADE
CB00001261
04/04/12
04/04/1
EACH OCCURRENCE
1 4,000,000
X
AGGREGATE
$
DED I I RETENTIONS
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WORKERS COMPENSATION
AND EMPLOYERS LIABILITY YIN
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DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (AnaW ACORD 101, AdCW" Rernmirlu Sohodu o. d more spaoo n roq-Md)
BP00004736: Certificate Holder is also an Additional Insured including its officers,
agents and employees per CGL 2010 06 11.
CERTIFICATE HOLOFR CANCFI 1 ATtnN
City of Bozeman
121 North Rouse Avenue
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Bozeman, MT 59715
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHOR D REPRESE
v \
(01988 -2010 ACORD 60RPORATION. All rights reserved.
ACORD25(2010105) The ACORD name and logo are registered marks of ACORD
Jamie Saitta
From: bigskyarchery@aol.com
Sent: Monday, October 01, 2012 3:52 PM
To: Jamie Saitta
Subject: employees back ground checks
Jaimie,
All employees and instructors of Big Sky Archery have had a background check and also a drug test prior to hiring. All
employees get a mandatory background check every Six months after that. These include, Gabe Roffe,Terry Maninger,
Scott Grimm, Joey Grimes - Nelson, Josh Moore, Bryce Pick, Justin Berg, And Myself William Farris. This is done
for multiple programs that we administer for different entities.
Thank you
William Farris
Co Owner
Big Sky Archery
T