10/21/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 23,2009
TO:
Fire Chief James Callahan
Fire-Rescue Department
ATTN:
Susan Hover
FROM:
Isabel C. DeSantis, D. C.
At the October 21, 2009, Board of County Commissioner's meeting and the Board of
Governors meeting the Board granted approval and authorized execution of a 12 month Service
Agreement with Environmental Marketing Services, LLC for the collection and disposal of
biomedical waste generated from emergency medical calls and transports of Monroe County Fire
Rescue.
Enclosed is a duplicate original of the above-mentioned, for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
ErNl.
-II_ental
'<"'~"'_tfnO'.Se:tVi~$
Customer reauested start week
SERVICE AGREEMENT
Collection & Disposal of Biomedical Waste
Term of Agreement: 12 Months
Research - Development - Disposal - Compliance
Environmental Marketing Services, LLC
107-1 Wall Street
Clemson, SC 29631
Ph: 877-222-2831
Account #:
IR] New 0 Renewal 0 Service Change 0 Contract Change
Tax Exempt ID#:
(Please include copy of exempt certificate)
Sales Rep: Lorick Atkinson 877-222-2381
Fax:864-654-4816 For Office Use Only
Start Date: Pick up day: Rte #:
SERVICE lOCATION INFORMATION BilliNG INFORMATION J
Customer's Name: Board of County Commissioners of
Customer's Name: Board of Governors of Fire and Monroe County. Florida
Ambulance District 1 of Monroe County. Florida Billing Address: C/O Monroe County Fire Rescue
Service Address: Monroe County Fire Rescue Stations 490 63rd Street Ocean. Su ite 1 60
See Dace 4 of Aareement for soecific locations City: Marathon State: FL Zip: 33050
City: . State: _ Zip: _ Phone: (305) 289-6047 Fax: (305) 289-6336
Phone: (305) 289-6088 Fax: (305) 289-6007 Contact Person: Billv Pruitt
Contact Person: Susan Hover Title: Loa istics Soecial ist
Title: Executive Assistant Emai I: oru itt-bi Ilv@monroecountv-fl.aov
Email: hove r-susan@monroecountv-fl. aov
SERVICES
Regulated Medical Waste
o Check if Safety &
Com Iiance Service Included
SUPPLIES
Reusable Containers
Sharps Containers
Sharps Containers
Carts/ Bins
Safety & Compliance
Other
Pick-up Schedule: times per 0 week month 0 quarter 0 year 0 one time additional fee-F-
OVERAGE RATE: Lbs Included: Overage charge per lb. _ Arrived - No Pick up Fee:
Special Instructions: Please sign and date the lower left corner of the first sheet. Initial and date the 2nd and 3rd page and fax back
to Lorlck@ 864..654-4816. The 3rd sheet shows locations included under this agreement. All locations will be billed on one invoice
monthly.
Container
Type / Size
Est.
Quantity
Per Picku
Per Pickup
Price Per
Container
Add itional
Container Price
Per Picku
Other
96 Gallon
Container
$90.00
Board of Govemors of Fire and Ambulance District 1
of Monroe County, Florida
(Seal)
Attest:
Environmental Marketing Services, LLC
Signature:?~< -==.Q 2-.
Title: 1Il e.s I de-fir
If:) /01 109
I ·
By:
Date:
Terms, Conditi
ages must be initialed and dated for validation of agre 'ment.
y
Page 1 of 4
TERMS & CONDITIONS
I. Obligations:
a. Generator grants to Service Provider (the "Company") the exclusive right to collect, transport store and dispose of all Generator's "Biomedical Waste" as defined in the
applicable Federal, State and County regulations and guidelines.
b. The terms of this agreement shall be automatically renewed for like tenns thereafter unless either party shall give written notice of termination by certified mail to the other
at least sixty (60) days prior to the tennination of the initial tenn or any renewal term.
c. The Company shall collect all the Generator's biomedical waste as specified on the first page or, if not specified, according to a schedule agreed upon by the parties.
d. The Company shall provide, upon request of Generator, containers for the Generator's use in such qualities as agreed upon in accordance with Generator's needs. If
Generator desires to purchase containers from a source other than the Company, these containers must meet the minimum specifications of applicable Federal, State and
County regulations.
e. The Company shall provide Generator with instructions relating to its requirements for containerizing biomedical waste. Notwithstanding anything herein, the Company
shall under no circumstances be responsible for training Generator's employees, nor shall the Company be liable for any failure by Generator to comply with any Federal,
State, and County regulations.
f. Generator specifically agrees that the Company may subcontract with others for the performance of all or a portion of its responsibilities.
II. Generator's Obligations:
a. Generator shall package, label, store and seal biomedical waste only in containers provided by the Company or meeting the Company's specifications in accordance with the
Company's instructions and Federal, State and County Regulations.
b. Generator will have such containers as it wishes to have disposed of sealed and ready to be picked up at the times agreed upon by the parties. If Generator does not have
such container ready, the Company may charge Generator an additional transportation fee for returning to pick up the containers when they are ready.
c. Generator shall place only "Biomedical Waste" as defined by applicable Federal, State and County regulations in containers for pick up by the Company, and shall not place
any waste materials that have been excluded from that definition in those containers. Such items of exclusion include but are not limited to: fetal remains and human torsos,
asbestos and corrosive, reactive, radioactive, toxic and other hazardous wastes and substances as defined in any applicable Federal, State and County regulations.
d. For the Company's services, Generator shall pay the Company's invoices in accordance with the Florida Local Government Prompt Payment Act. Failure to pay invoiced
amounts when due shall be a breach of this Agreement, and will entitle the Company, at its option, to terminate the Agreement. In addition Generator agrees to pay to the
Company a servIce charge of 1.50/0 per month of any balances not paid when due. If the Company deems it necessary to hire a collection service or attorney to collect any
delinquent balances. Generator agrees to pay all costs of collection, including without limitation reasonable attorney's fees. This Agreement is subject to annual appropriation
by the Monroe County Board of County Commissioners.
e. Generator agrees to pay the addition of any Taxes, Fees or charges levied, imposed or incident to the service by requirements imposed by duly authorized regulatory bodies,
Federal, State or County having jurisdiction over the handling and disposal of the waste for \vhich the service is provided. Such cost will be invoiced to the Generator without
markup by the Company, except that Company is exempt from Florida sales and use taxes.
III. The Company's rights relating to Inspection and refusal of containers:
a. The Company shall have the right to refuse acceptance of any containers which cannot in the Company's sole judgment be transported, treated or disposed of safely in
accordance with all applicable Federal, State and County regulations.
b For purposes of exercising its right under this provision, the Company shall have the right (but not the obligation) to inspect the contents of any container prior to pickup
Generator further grants to the Company the right to inspect its facilities and operations to determine the nature of the materials it disposes of in connection with business and
operations.
c. Any waste that has been accepted and transported and contains an unacceptable waste listed above in paragraph 1I( c), will be returned to the Generator at the Generator's
expense.
d. Nothing contained within this Agreement shall be construed or interpreted as requiring the Company to assume the status of (i) a generator, (ii) one who undertakes the
disposal of waste or a storage treatment, or (iii) a storage, treatment or disposal facility as those terms are defined by the Resource Conservation and Recovery Act, 42 U.S.C.
SS6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.Sc. SS9601 et seq., and any other applicable Federal, State and County
regulations and guidelines. Generator hereby acknowledges that Generator is responsible for the nature and content of the waste it generates.
IV. Liabilities:
a. The Company shall not under any circumstances be responsible for any injuries, damage or loss arising from Generator's biomedical waste prior to pickup by the Company
b. To the extent allowed by Section 768.28, Florida Statutes, Generator hereby agrees to indemnity and hold the Company, their successors and assigns, harmless from and
against all loss, damage or liability of any nature (incl uding without limitation reasonable attorney's fees) occurring as a result of ( I) Generator's waste prior to pickup by the
Company (2) Generator's inclusion in its containers of waste other than those covered under this Agreement.
c. Company agrees to defend and indemnify the Generator, its employees and agents, from any mjuries, damages or loss arising from Generator's services.
V. Liability for Equipment:
a Generator acknowledges that it has the care, custody and control of containers and other equipment owned by the Company and accepts responsibility and Iiabil ity for the
equipment and its contents except when it is being physically handled by employees of the Company. Therefore, Generator expressly agrees to defend, indemnity and hold
harmless the Com pany from and against any and all claims for loss of or damage to property, or injury to or death of person or persons resul ting from or arising in any manner
out of Generator's use, operation or possession of any containers and other equipment furnished under this agreement.
VI. Miscellaneous:
a. A waiver of any breach or breaches of this Agreement shall not be construed as a waiver of breach in any other instance.
b. This Agreement shall be governed by and construed in accordance with the Laws of the State of Service Operation.
c. This Agreement supersedes any prior agreements between the parties and constitutes the entire agreement of the parties. This Agreement maybe amended only by a written
agreement SIgned by the parties.
d. If any litigation arises between the parties concerning this Agreement, the prevailing party shall be entitled to recover from the other party its costs and reasonable attorney's
fees incurred in connection therewith.
e. In the event that the Company is either sold to, taken over by or merged with another company or individual, this contract will remain enforceable according to its terms.
VII. Force Majeure:
a. Except for the obligation to pay for services rendered, neither party hereto shall be liable for its failure to perform hereunder, in whole or in part, due to contingencies
beyond its reasonable control, including, but not limited to: strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation, guideline or order of any
governmental body or any instrumentality thereof, whether now existing or hereafter created.
Tcrrns and (\)nditions nlust bc initialed and dated to validate agrCenlcnt
Initials
Date
Page 2 of 4
TERMS & CONDITIONS CONTINUED...
VIII. Other:
a. FINANCIAL RECORDS OF COMPANY: Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. If an auditor employed by the County or Clerk determines that monies paid to Company
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Company shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to Company.
b. PUBLIC ACCESS: The Company shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Company in conjunction with this Agreement~ and the Generator shall have
the right to unilaterally cancel this Agreement upon violation of this provision by Company.
c. ASSIGNMENT/SUBCONTRACT: Company shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written
approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board.
d. DISCLOSURE AND CONFLICT OF INTEREST: Company represents that it, its directors, principles and employees, presently have no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida
Statutes. Company agrees that officers and employees of the Company recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, sol icitation or acceptance of gifts~ doing business with one's agency~ unauthorized
compensation~ misuse of public position, conflicting employment or contractual relationship~ and disclosure or use of certain information.
e. Company warrants that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to sol icit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the
provision, the Company agrees that the Generator shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration
f. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES: This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the parties agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
g. ETHICS CLAUSE: Company warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance NO.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance NO.1 0-1990. For breach or violation of this provision the
County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee.
h. INSURANCE: Within five (5) days of execution of this agreement by both parties and prior to performance, Company will provide proof of insurance in the form required
by Exhibit A to this Agreement.
rernlS and Conditions nlust be initialed and dated to validate agreenlent
Initials
Date
Page 3 of 4
Locations included under Service Aereement
Stock Island Fire Station 8
6180 2nd Street (MM 5)
Key West, fl 33040
Big Coppitt Fire Station 9
28 Emerald Dr. (MM 10)
Key West, FI 33044
Cudjoe Fire Station 11
20950 Overseas Highway (MM 21)
Cudjoe Key, FI 33042
Big Pine Fire Station 13
390 Key Deer Blvd. (MM 30.5)
Big Pine Key, FI 33043
Trauma Star Hangar
10100 Overseas Highway
Marathon, FI 33050
Conch Key Fire Station 17
10 s. Conch Ave. (MM 63)
Conch Key, FI 33050
Layton Fire Station 18
68260 Overseas Highway (MM 68)
Layton, FI 33001
Tavernier Fire Station 22
151 Marine Ave. (MM 92)
Tavernier, FI 33070
.Included I..ocations must be initialed and dated to validate ao-reement
Initials
Date
Page 4 of 4
Attachment A, to Environmental Marketing Services, LLC Service Agreement - October 2009 Page 1 of 4
2005 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GL3
Administration Instruction
#7500
Attachment A, to Environmental Marketing Services, LLC Service Agreement - October 2009 Page 2 of 4
2005 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL3
Administration Instruction
#7500
Attachment A, to Environmental Marketing Services, LLC Service Agreement - October 2009 Page 3 of 4
2005 Edition
HAZARDOUS CARGO TRANSPORTERS LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall purchase
Pollution Liability Insurance which extends to the hauling of toxic and hazardous material by
motorized vehicles. In compliance with the Motor Carrier Act, the policy should be endorsed
with an MCS-90 Endorsement, demonstrating financial responsibility for spills and clean-up.
Any pollution exclusion limiting coverage under this policy shall be removed.
The minimum limits acceptable shall be:
$1,000,000 per Occurrence
VLP3
Administration Instruction
#7500
Attachment A, to Environmental Marketing Services, LLC Service Agreement - October 2009 Page 4 of 4
2005 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC2
Administration Instruction
#7500
^vEI CERTIFICATE OF LIABILITY INSURANCE 12/032009
�, DATE MWDDIYYYY
PaoDUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1 500 WEST MONROE STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
CHICAGO,IL 60661 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Attn:Chicago.CertRequest@marsh.com Fax:212-948-0770
350208-ALL-wPOLL-09-10 STERI INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA ACE American Insurance Company 22667
STERICYCLE,INC --
ATTN:KATHY KIPP INSURER B.Zurich American Insurance Company .16535
28161 N.KEITHDRIVE INSURERa NIA N/A
LAKE FOREST,IL 60045
INSURER D.N/A N/A
INSURER E American Zurich Insurance Company '40142
COVERAGESTHE 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'XSRADD'4 TYPE OF INSURANCE POLCY NUMBER DATE
POLICY Ef FERIVE DATE
POLICY EXPIRATION LIMITS
'iLT0.1NSR0 a EIMUNonYVY) IMMAurYVVp
A GENERAL LIABILITY HDO G24936338 11/08/2009 11/08/2010 EACH OCCURRENCE $ 1.000,000
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000
MED EXP(Any
coal-Pence)person)
- __
CLAIMS MADE X OCCUR MED EXP:Any one pe�eon) $ 10,000
PERSONAL SADV INJURY $ 1,000.000
GENERAL AGGREGATE $ 2,000,000
I GENERAL AGGREGATEE LLIIMIT APPLIES PER PRODUCTS-COMP/OP ACC$ 2,000,000
i 1 I POLICY JECT IX I LOC
AUTOMOBILE UABIUTY TRK9377341-06(AOS) 1 11/08/2009 11/082010BB ', COMBINED SINCLE LIMIT
$ 5,000,000
X ANY AUTO TRK534431B-O6(PR) 11/08/2009 11/08/2010
teaeap
— ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Peraerson)
HIRED AUTOS 1 BODILY INJURY $
' NON•OWNED AUTOS (Per mdenI
X PHY DAM-SELF-INSURED I PROPERTY DAMAGE •
1 (Per accident/ $
GARAGE LIABILITY AUTO ONLY•EA ACCIDENT$
'I ANY AUTO OTHER THAN EA ACC $..
I AUTO ONLY AGG $
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $
I OCCUR , ] CLAIMS MADE I AGGREGATE $
I $DEDUCTIBLE F
DETENTION $ $
E WORKER COMPENSATION AND WC 9377344-06(AOS) 11/08/2009 11/08/2010 IX 1 WC STATIYI H. $
6 EMPLOYERS'LIABILITY WC 9377345-08(WI) 11/pRyg009 11/08/2010 I TnEusasI _ I 0T FR
ANY PROPPIETOWPARTNERIE%ECUTNEV N ` \ E.L.EACH ACCIDENT $ 1,000,0001
OFFICER/MEMBER EXCLUDED? N \�xlf`A'/,, /t L.DISEASE•EA EMPLOYEE$ 1.000,0001
I l Mammon/In NXllyee,describe under I)n//rabt•[1,0' L.DISEASE-POLICY LIMIT $ 1,000,000
SPECIAL PROVISIONS below ....6.1/���\\I OTHER
(�( ///
61
DESCRIPTION OF OPERA TIONSILOCATIONSNENICLESEXCLUSIONS ADDED MY EENNDORSEMENTISPE :CULL PROVISIONS
Monroe County Board of County Commissioners,C/O Risk Management,1100 Simonton Street.Suite 2-268,Key West,FL 33040 is included as additional
insured under the general liability and automobile policy as their interest may appear for Environmental Marketing Services LLC.
CC : 1 V\..a� til-----
CERTIFICATE HOLDER CHI-002718501-04 CANCELLATION
r_
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
Monroe County EXPIRATDN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Board of County Commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I
do Risk Management
1100 Simonton Street,Suite 2-268 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
Key West,FL 33040 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
^atMarx BaPraeEXTATNE _nEaear ,e ter,_.,,.._a s
Mary Radaszewski 1
ACORD 26(2009101) 01998-2009 ACORD CORPORATION.All Rights Reserved
The ACORD name and logo are registered marks of ACORD
ENDORSEMENT FOR Form Approved
MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY OMB No.2125-0074
UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980
Issued to Sterk:vde.Inc of 28161 North Keith Drive.Lake Forest.IL 60045
Dated atitS.Rhereide Plaza.Chicago.IL 60606 this 4th day of November , 7009
Amending Poky No. TRK 9377341-06 Effective Date 11-08-09
Name of Insurance Company ?Isiah American 1n59xa COMM
Telephone Number 1 800 ) 981-8912 .Countersigned by
The policy to which this endorsement is attached provides primary or excess insurance,as indicated by"®',for the limits shown:
IR This insurance is primary and the company shall not be liable for amounts In excess of$ 6.000.000 for each accident
❑ This insurance is excess and the company shall not be liable for amounts in excess of$ br each accident
in excess of the underlying limit of$ br each accident
Whenever required by the Federal Highway Administration (FHWA)or the Interstate Commerce Commission (ICC), the company
agrees to furnish the FHWA orrequest by an authorized representative of the FHWA or Mrthe ICC a duplicate of said ICC to versify that the plicy and all Its olicy is innfforce ae ds of a particny also ulrel date. telephone
Cancellation of this endorsement may be effected by the company or the Insured by gMng(1)thirty-five(35)days notice in writing to
the other party(said 35 days slice to commence from the date the notice Is mailed,proof of mailing shall be sufficient proof of notice),
and (2) if the insured is subject to the ICCs jurisdiction, by providing thirty (30) days notice to the ICC (said 30 days notice to
commence from the date the notice Is received by the ICC at its office In Washington,D.C.).
DEFINITIONS AS USED IN THIS ENDORSEMENT
ACCIDENT. Includes continuous or repeated exposure to ices, damage, or destruction of natural resources arising out of
conditions which results In bodily Injury, properly damage, or the accidental discharge, dispersal, release or escape into or
environmental damage which the insured neither expected nor upon the land,amnsphem,watercourse,or body of water,of any
Intended. commodity transported by a motor carrier.This shall include the
MOTOR VEHICLE means a land vehicle,machine,truck,tractor, cost of removal and the cost of necessary measures taken to
baler,or semitrailer propelled or drawn by mechanical power and minimize or mitigate damage to human health, the natural
used on a highway for transporting
property,,or any combinationenvironment,fish,shellfish,and wildlife.
thereof. PROPERTY DAMAGE means damage to or loss of use of
BODILY INJURY means Injury to the body,sickness,or disease tangible property.
to any person,including death resulling from any of these. PUBLIC LIABILITY means liability for bodily injury, property
ENVIRONMENTAL RESTORATION means restitution for the damage,and anvironmental restoration.
The Insurance policy to which this endorsement is attached endorsement thereon, or violation thereof, shall relieve the
provides automobile Nobility Insurance and Is amended to assure company from liability or horn tie payment of any final judgment,
compliance by the Insured,.within the limits stated herein, as a within the gents of IlabIliy herein described, irrespective of the
motor carrler.of property, with Sections 29 and 30 of the Motor financial condition, Insolvency or bankruptcy of the Insured.
Cartier Act of 1980 and the rules and regulations of the Federal However, ell arms, conditions end tintatlone in the policy to
• Highway Administration (FHWA) and the Interstate Commerce which the endorsement Is attached shall remain in full force and
Commission(ICC). effect as binding between the insured and the company. The
In consideration of the premium stated In the petty to which this Insured agrees to reimburse the company for any payment node
endorsement Is attached, the Insurer (the company) agrees to in me a breach e y ofn exeunt ot any atcianrd, rlaim, or aril
immMegapany would terms of e policy,andfor any under
aymeM
pay, n the of liability the Insured
herein, any final that the company would not have been obligated to make under
judgmentgrecoveredigagainst i for ante liability the pndornsof the policy except for the agreement contained in
o from negligence to In the operation,r o maintenance or use of this endorsement
fmotorSevehicless2 subject d to me financial l responsibility Actof lg 0 regardless
It is further understood and agreed that, upon failure of the
of whethe or end ac of the rMotor ehi Callap Act of fly d scdbe in company to pay any final judgment recovered against the insured
of whether notw each motor vehicle In ligenc occurs c in as provided herein,the judgment creditor may maintain an action
the policy and whether ort not such negligencein on any In any court of competent jurisdiction against the company to
route or In any territory authorizeda to be served by the Insyred compel such payment.
l insurance ast Is heafforded,for public liability,does
engaged
aped to Injury to death of re Insured's employees while The limits of thecompany'sly liability fort amounts prescribed in
in the course of their employment, or propertyo y endorsement applyseparately,bause each accident, and any
transported by the Insured, n,designated provision, carga.o , undembon payment unddu to policy bty o oc any ne o th ep yme t of
con Sneed that eo policy, nrstipulation, olbn operate tonts reduce the ly of the company for to payment of
contained In the policy, this endorsement, or any other na�dgmants resulting from any other accident.
The Motor Carrier Act of 1980 requires limits of financial responsibility according to the type of cordage and commodity transported by
the motor carder.It Is the MOTOR CARRIER'S obligation to obtain the required limits of financial responsibility.
THE SCHEDULE OF LIMITS SHOWN ON THE NEXT PAGE DOES NOT PROVIDE COVERAGE.
The limits shown In the schedule are for information purposes only.
Form MCSaw (Over) UNFwa INFORMATION semraS ace MC 1e22k(10.99)
SCHEDULE OF LIMITS
Public Liability
Minimum
Type of Carriage Commodity Transported Insurance
CO •
For-hire (In interstate or foreign Property(nonhazardous). $ 750,000
commerce).
(2) For-I to and Private(In interstate, Hazardous substances, as defined In 49 CFR 171.8, 5,000,000
foreign,or intrastate commerce). transported in cargo tanks, portable tanks, or hopper-
type vehicles with capacities in excess of 3,500 water
gallons; or in bulk Divisions 1.1, 12, and 1.3 materials;
any quantity of DMsion 2.3 Hazard Zone A or Division
• 6.1, Packing Group 1, Hazard Zone A material; in bulk
Division 2.1 or 22;or highway route controlled quantities
of a Class 7 material as defined in 49 CFR 173.403.
(3) For-hire and Private(In tdarstate Oil listed in 49 CFR 172.101, hazardous materials and 1,000,000
or foreign commerce: In any hazardous substances defined in 49 CFR 171.8 end
quantil) or (In intestate cam- listed In 49 CFR 172.101,but not mentioned in(2)above
mace:Si bulk only). or(4)below.
(4) For-hte and Private(In interstate Any quantity of Division 1.1, 12 or 1.3 material; any 5,000,000
• orforeign commerce). quantity of a DMslon 2.3,Hazard Zone A,or DMsion 6.1,
Packing Group 1, Hazard Zone A material; or highway
route controlled quantifies of Class 7 material as defined
in 49 CFR 173.403.
Note: The type of carriage listed under(1), (2), and(3) applies to vehicles with a gross vehicle weight rating of 10,000
pounds or more.The type of carriage listed under number(4)applies to all vehicles with a gross vehicle weight rating of
less than 10,000 pounds.
SCHEDULE OF LIMITS
Public Liability
For-hire motor carriers of passengers operating in Interstate or foreign commerce
Minimum
Vehicle Seating Capacity Insurance
(1)Any vehicle with a seating capacity of 16 passengers or more. $ 5,000,000
(2)Any vehicle with a seating capacity of 15 passengers or less. 1,500.000
•
MC 1622k(10-99)
10.W urFa+a xrauutawaemnw&roc.
Form MC3-90