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10/01/2020 Agreement Monroe County Purchasing Policy and Procedure ATTACHMENT D. COLNTY ADMINISTRATOR INISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS ` f IAN $50,000.00 Contract with: I N.ti1rt Contract i•#CSC0000082 E cctive Date: 0,/ / 0 - Expiration Date: 0 ' Contract Purpose/Description: 77 Contract is Original Agreement ent Contract Amendment/Extension Renewal aCF s (Name) (Ext.) (Department/Stop ##) CONTRACT COSTS Total Dollar Value of Contract: t Current Year Portion: ` (must be less thmi$50,000) (If muhi4ew-agreement then requires 130't'apprc al,llrtl5s th u t,i.>,UMIl,"meam mlt,., itw Budgeted`/ Yes No Account Codes: - 11500 - 530341 - - Chant: 0 _ 1. 1001 - 530341 County Match: 0 _-- � - 3100 - 530341 ADDI`ITONAL. COSTS Estimated Ongoing Costs: COIyr For: 0 (Not included in dollar value above:) (e;¢_ maintenance,utilities, janitorial,salaries,etc.) CONTRACT TRACT REVIEW Changes Date Out Date In ;deeded R ie r Department Ilead r , ` Yes E]N Risk Management 10/27/22020 Yes No � 10/27/2020 O.M.B./Purchasing 10/27/2020Yes [:]No ch4-is un lBr cke.0 10/27/20 County Attorney Yes No P�2 / � r_ 10/27/20 Comments-: Page 74 of 86 WOrOROLA SOLUTIONS SERVICE AGREEMENT Contract Number USCO00008829 Quote Number 1266122 Date: April 27,2020 Com Name- M nroe County Board Of County P.O* N/A pany 0 Commissioners Customer M 1000961187 Attn.,. Cheri Tarnborski Bill to Tag#: 0001 Billing Address: 490 63rd St Ste 140 Contract Start Date: 01-OiCT-2020 City,State,Zip Code: Marathon, FL 33050 Contract End Date: 30-SEP-2021 Customer Contact Cheri Tamborski Payment Cycle: ANNUALLY Phone., 305-28MO88 Currency.- USD QTY MODELIOPTION SERVICES DESCRIPTION MONTHLY EXTENDED ANT EXT Recurring Services $156.02 $1,872,24 Sub Total $156.02 $1,872.24 Taxes $0.00 $uu- SPECIAL INSTRUCTlONS-ATrACH STATE1'AEW0FWM FOR MFORmmrE Grand Total $156.02 $1,872.24 0MR01TIONS THIS&ERNACE AMOUNT IS SUBJECT TATEANO LOCALTA)CING JVRfSIXC-nOM WKERE A"LICASM TO BE VIEWED BY MOTOROLA ANNUAL SERVICE AGREEMENT FOR APX RADIOS FOR MONROE FIRE. SEE ATTACHED INVENTORY FOR RADIOS INCLUDED UNDER THE CONTRACT FOR DEPOT SUPPORT. I received Statements of Work that describe the services provided on this Agreement Motorola's Service Terms and conditions,a copy of wWah to aftwhad to We Service Agreement,Is Incorporated heroin by this reference. 5-2� F—Ole rp"IZED CUSTOMER St GN ATURE TITLE "DATIE CUSTOMER (PRINT NAME) MOTOROLA RE PRE SENTATIVif(SIGNATURE) TTTLE DATE CINDEE MARKES 954-520-8868 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE NROE COUNTY ArTOnNEY ALW� ROVE FORM ASSISTA ATTORNEY Date 10/27/20 Monroe County Fire Rescue Contract Number: USC000006929 Start Date: Oct 1.2020 QTY OWNER Radio Type* Model Serial Number Location Dept Annual Cost 1 MCFR APX 6000 H98UCF9PW6AN 481CPT1782 63rd Street Fire 63 S 55.56 2 MCFR APX 6000 H98UCF9PW6AN 481CPT1783 K W Airport Fire Fire 7 $ 55.56 3 MCFR APX 6000 H98UCF9PW6AN 491CPT1784 Big Coppitt Fire 9 S 55.56 4 MCFR APX 6000 H98UCF9PW6AN 481CPT1785 63rd Street Fire 63 $ 55.56 5 MCFR APX 6000 H98UCF9PW6AN 481CPT1786 63rd Street Fire 63 $ 55.56 6 MCFR APX 6000 H98UCF9PW6AN 481CPT1787 KW Airport Fire Fire 7 $ 55.56 7 MCFR APX 6000 H98UCF9PW6AN 481CPT1788 63rd Street Fire 63 $ 55.56 8 MCFR APX 6000 H98UCF9PW6AN 481CPT1789 Big Pine Key Fire 13 $ 55.56 9 MCFR APX 6000 H98UCF9PW6AN 481CPT1790 63rd Street Fire 63 $ 55.56 10 MCFR APX 6000 H98UCF9PW6AN 491CPT1791 Cudjoe Fie 11 $ 55.56 11 MCFR APX 6000 H98UCF9PW6AN 481CPT1792 Stock Island Fire 8 $ 55.56 12 MCFR APX 6000 H98UCF9PW6AN 481CPT1793 Layton Fire 18 $ 55.56 13 MCFR APX 6000 H98UCF9PW6AN 481CPT1794 Conch Key Fire 17 $ 55.56 14 MCFR APX 6000 H98UCF9PW6AN 481CPT1795 Sugarloaf Fire 10 $ 55.56 15 MCFR APX 6000 H98UCF9PW6AN 481CPT1796 Tavernier Fire 22 $ 55.56 16 MCFR APX 6000 H98UCF9PW6AN 481CQM5101 Station 8 Station 8 $ 55.56 17 MCFR APX 6000 H98UCF9PW6AN 481CQM5102 Station 8 Station 8 $ 55.56 18 MCFR APX 6000 H98UCF9PW6AN 481CQM5103 Station 8 Station 8 $ 55.56 19 MCFR APX 6000 H98UCF9PW6AN 481CQM5104 63rd St Fire 63 $ 55.56 20 MCFR APX 6000 H98UCF9PW6AN 481CQMSIOS Station 8 Station 8 $ 55.56 21 MCFR APX 6000 H98UCF9PW6AN 481CRX2564 Station 8 Station 8 $ 55.56 22 MCFR APX 6000 H98UCF9PW6AN 481CRX2581 63rd Street Emerg Mgmnt $ 55.56 1 MCFR APX 6500 M25URS9PWIAN 527CRH2305 63RD ST RESERVES $ 81.24 2 MCFR APX 6500 M25UR59PW1AN 527CRH2306 Station 9 $ 81.24 3 MCFR APX 6500 M25UR59PWlAN 527CRH2307 Big Coppit Station 9 $ 81.24 4 MCFR APX 6500 M25UR59PW1AN 527CRH2308 63rd Street Fire Rescue $ 81.24 5 MCFR APX 6500 M25URS9PWIAN 527CRH2309 63RD ST RESERVE $ 81.24 6 MCFR APX 6500 M25UR59PW1AN 527CRH2310 Station 08 Fire 8 $ 81.24 7 MCFR APX 6500 M25UR59PW1AN 527CRH2311 Station 9 Station 9 $ 81.24 8 MCFR APX 6500 M25UR59PW1AN 527CRH2312 Station 17 1 Fire 17 $ 81.24 Contract Total: $ 1,872.24 2 Service Terms and Conditions Motorola Solutions, Inc. ("Motorola°)and the County named in this Agreement("County") hereby agree as follows., Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to County either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment' means the equipment that is specified in a list provided by Monroe County to Motorola with serial numbers. Monroe County reserves the right to revise the list,from time to time. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE County accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At County's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If County purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, County will provide a complete serial and model number list of the Equipment. County must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. County's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. County must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. Service Terms and Conditions.Rev 1.12.12.doa(CSA formatted) 3 4.6. if Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. County must promptly notify Motorola of any Equipment failure. Motorola will respond to County's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the intemet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at County's location, County will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. County will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, County agrees to reimburse Motorola for those charges and expenses. Section 7 COUNTY CONTACT County will provide Motorola with designated points of contact(list of names and phone numbers)that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable County's personnel to maintain contact, as needed,with Motorola. Section 8 PAYMENT Motorola will bill the County monthly and the County will pay the invoice in accordance with the Florida Local Government Prompt Payment Act, Sections 218.70 et seq, Florida Statutes. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, County's'sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, Service Terms and Conditions.Rev 1,12.12.doe(CSA formatted) 4 INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULTITERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by County to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 Both the County and Motorola agree that either party may terminate this Agreement at any time without cause upon sixty(60) days advance written notice to the contact address listed on the cover page of the Services Agreement. In the event of such termination, the County shall be obligated to pay Motorola for pro-rated service fees up to and including the date of termination and the County shall have no further legal obligations pursuant to the Agreement. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve(12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. County agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a County purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Service Terms and Conditions.Rev 1.12.12.doc(CSA formatted) 5 Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints,, technical information or otherwise furnished to County under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Subject to the requirements of Florida Public Records law contained in Chapter 119, Florida Statues, County may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than Performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by County to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide County with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS County is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of County in any governmental matters. Section 16 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, County will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. County will safeguard all such property while it is in County's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by County for Motorola's use without charge and may be removed from County's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. Service Terms and Conditions.Rev 1.12.12.doc(CSA formatted) 6 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of County. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates,to the extent applicable)following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. Notice by Motorola of the adjusted rates must be given to the County at least ninety(90) days in advance of the current Contract End Date. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and County agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 The County's performance and obligation to pay for the services pursuant to this agreement, is contingent upon adequate appropriations by the Monroe County Board of County Commissioners. The County shall notify Motorola Solutions Inc. promptly if such appropriations are not made. This Service Agreement will be effective only upon Motorola's receipt of a Purchase Order for the year or written confirmation that funds are appropriated and available for the applicable maintenance year. Service Terms and Conditions,.Rev 1.12.12.doc(CSA formatted) 7 aMOTOROLA SOLUTIONS Statement of Work Service From the Start- LITE End Users 1.0 Description Service From the Start-LITE provides board level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work(SOW)is attached or any of the agreement's subsequent revisions.Services are performed at the Radio Support Center(RSC),or Federal Technical Support Center. In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start LITE includes service on single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. Service From the Start LITE excludes repairs to:optional accessories;standard mobile palm microphones;nonstandard mobile microphones;MEN accessories;MEN mobile microphones;portable remote speaker microphones;optional or additional control heads;mobile external speakers;single and multiple unit portable chargers;batteries;mobile power and antenna cables;mobile antennas;portable antennas,and power supplies.Engraving service is not covered under standard Service From the Start LITE.This service does not cover defects,malfunctions,performance failures or damage to the unit resulting from physical,liquid,or chemical damage.An estimate for non-covered repairs will be provided for units displaying extensive damage. Service From the Start LITE is non-cancelable and non-refundable.If Equipment is added to the agreement subsequent to the Start Date,these units are also non-cancelable and non-refundable for the agreement duration.All Equipment must be in good working order on the Start Date or when additional Equipment is added to the agreement.Equipment may only be added to the agreement,via a customer signed or emailed Motorola Inventory Adjustment Form(IAF).Complete and accurate serial numbers and model descriptions must be supplied. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the 1 st of the following month.Equipment add-on requests received after the 15th of the month will be effective the I st of the next succeeding month. Equipment deletions from the agreement may only be deleted under the following limited conditions: a)Equipment was stolen and proof of theft is provided to Motorola;or b)Motorola determines Equipment is damaged beyond repair;or c)Motorola determines Equipment is no longer supportable or is obsolete;or d)Equipment had already been under a previous contract for at least the twelve month requirement. Equipment deletions,where applicable,will be effective at the end of the month in which the request was received. The terms and conditions of this Statement of Work are an integral part of-the Motorola service agreement or other applicable agreement to which it is attached and made a part thereof by this reference. If there are any inconsistencies between the provisions of the Motorola service agreement or other applicable agreement and this Statement of Work,the provisions of this Statement of Work shall prevail. 2.0 Motorola has the following responsibilities: 2.1. Test and Restore the Equipment to Motorola factory specifications,including Factory Mutual(FM),and Mine Hazard Safety Association(MHSA). 2.2. Reprogram Equipment to original operating parameters based on the Customer template,if retrievable,or from a Customer supplied backup diskette.If the Customer template or code plug is not usable,a generic template or code plug utilizing the latest Radio Service Software(RSS)or Customer Programming Software(CPS) version for that Equipment will be used.The Equipment will require additional programming by the Customer to Restore the original template.All Firmware is upgraded to the latest release for each individual product line. 2.3. Clean external housing of the Equipment.External components of unit will only be replaced when functionality has been diminished. 2.4. Pay the outbound freight charges.Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 8 2,5. Provide the Motorola repair request and Inventory Adjustment Form(IAF)via Motorola On Line(MOL). 2.6. Process inventory adjustment requests received by email or fax from Customer.If the request is received by email,Motorola will email an acknowledgement to the sender. 2.7. Perform covered services as requested by Customer on the Motorola repair request form. 2.8. If applicable,notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.1 Supply Motorola complete and accurate serial numbers and model description. 3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping 3.3 Access the Motorola repair request form and Inventory Adjustment Form(IAF)through Motorola On Line (MOL). 3.4 Initiate service request via Motorola On Line(MOL)or complete a Motorola repair request form with contract number referenced,and submit with each unit of Equipment sent in for service.Mobile control heads or accessory items sent in must reference the serial number of the main unit. 3.5 If desired,supply Motorola with a Software template or programming in order to assist in returning the Equipment to original operating parameters.This step must be completed for Equipment that will not power up. If applicable,record the current flashcode for each radio. 3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition,Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.7 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. 3.8 Local services or annual maintenance required for maintaining normal operation of the equipment,unless specified on the service agreement. Service From the Start-LITE Updated on 04/15/13 Reviewed April 2013 9 MOTOROLA SOLUTIONS Statement of Work Service From The Start (SFS) SFS Comprehensive 1.0 Description Service From The Start(SFS)Comprehensive provides all-component level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work (SOW) is attached .or any of the agreement's subsequent revisions. Services are performed at the Radio Support Center(RSC),or Federal Technical Support Center. SFS Comprehensive is only applicable on XTS,XTL,APX and some MOTOTRBO model radios.A radio model may be added to an SFS Comprehensive service agreement while it is currently being manufactured by Motorola,or for up to one (1)year after manufacturer cancellation date of said model.SFS Comprehensive includes: A. Repair and or replacement of cracked housings,frames,covers,crushed components,shields,missing components,circuit boards,warped circuit boards B. Damage to LCD screens(cracks to screen,or any damage that does not pass Motorola test parameters) C. Damaged foils/traces/lands D. Electrical damage E. Water/chemical corrosion F. Contaminants visible which cannot be cleaned up reliably The customer will incur additional charges at the prevailing rates for any of the following activities,which are NOT covered under SFS Comprehensive: A. Replacement of consumable parts or accessories,as defined by product,such as batteries,antennas,and other similar items B. Damages from natural or man-made disasters where normal use of the product was not a factor,such as but not limited to fire,theft,and floods that would cause internal and external component damage or destruction. C. Non-remedial work,such as but not limited to firmware or protocol upgrades,reprogramming,and product configuration D. Repair of non-covered products E. Damages caused by using the device outside of the product's operational and environmental specifications F. Damages caused as a result of the device being modified or repaired by a third party Motorola reserves the right to monitor the customer's repair history under this SFS Comprehensive service agreement. Motorola may take appropriate action if the customer's repair history under this SFS Comprehensive service appears to be in violation of this Statement of Work. MOTOTRBO,XTS,XTL and APX model radios that are presently on a standard service agreement may be transferred to an SFS Comprehensive service agreement.These transferred units must either be models that are currently being manufactured by Motorola or models where manufacturing by Motorola was canceled within the prior 364 days. Customers who wish to add MOTOTRBO,XTS,XTL and APX model radios that are currently being manufactured by Motorola that are not presently on a standard service agreement must be operating in accordance with Motorola specifications,and are not damaged.If Customer attempts to add radios to the SFS Service Agreement that are not operating in accordance with Motorola specifications or are damaged,Motorola may either terminate the Service Agreement,as provided in the Service Terms and Conditions,or in its sole discretion, Motorola may terminate just those services covered by this SFS Comprehensive Statement of Work. Motorola recommends a Preventative Maintenance check be completed on radios that are not currently under an SFS service agreement so the customer can confirm radios are operational and aligned with Motorola specifications,and are not damaged. 10 In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start Comprehensive includes single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture. SFS Comprehensive excludes repairs to:optional accessories;standard mobile palm microphones;non-standard mobile microphones;iDEN mobile microphones;portable remote speaker microphones;optional or additional control heads; mobile external speakers;mobile power and antenna cables;and power supplies.Engraving service is not covered under SFS Comprehensive. SFS Comprehensive is non-cancelable and non-refundable.If Equipment is added to the agreement subsequent to the Start Date,these units are also non-cancelable and non-refundable for the agreement duration.Equipment may only be added to the agreement,via a customer signed or emailed Motorola Inventory Adjustment Form(IAF).Complete and accurate serial numbers and model descriptions must be supplied. All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the I st of the following month.Equipment add-on requests received after the 15th of the month will be effective the 1 st of the next succeeding month. Equipment deletions from the agreement may only be deleted under the following limited conditions: a) Equipment was stolen and proof of theft is provided to Motorola;or b) Motorola determines Equipment is damaged beyond repair;or c) Motorola determines Equipment is no longer supportable or is obsolete;or d) Equipment had already been under a previous contract for at least the twelve month requirement. Equipment deletions,where applicable,will be effective at the end of the month in which the request was received. The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference.If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable agreement and this Statement of Work, the provisions of this Statement of Work shall prevail. 2.0 Motorola has the following responsibilities: 2.1 Test and Restore the Equipment to Motorola factory specifications,including Factory Mutual(FM),and Mine Hazard Safety Association(MHSA). 2.2 Reprogram Equipment to original operating parameters based on the Customer template,if retrievable,or from a Customer supplied backup..If the Customer template is not usable,a generic template or code plug utilizing the latest Radio Service Software(RSS)or Customer Programming Software(CPS)version for that Equipment will be used.The Equipment will require additional programming by the Customer to restore the original template.All Firmware is upgraded to the latest release for each individual product line. 2.3 Clean external housing of the Equipment.External components of unit will only be replaced when fimctionality has been diminished. 2.4 Replace currently manufactured Equipment if it is determined that the Equipment is unrepairable.Motorola will contact the customer to inform them if Equipment needs to be replaced and that the cycle time may be increased because of the replacement.If unrepairable Equipment is no longer manufactured,the Customer will have the option of having the radio returned unrepaired to them. 2.5 Pay the outbound freight charges.Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service. 2.6 Provide Customer with the Motorola repair request form and Inventory Adjustment Form(IAF). 2.7 Perform covered services as requested by Customer on the Motorola repair request form. 2.8 Process inventory adjustment requests received by email or fax from Customer.If the request is received by email,Motorola will email an acknowledgement to the sender. 2.9 If applicable,notify Customer of changes in Motorola designated inventory adjustment email address or fax number. 3.0 Customer has the following Responsibilities: 3.1 Supply Motorola complete and accurate serial numbers and model description. 3.2 Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping 3.3 Access the Motorola repair request form and Inventory Adjustment Form(IAF)through Motorola On Line. 3.4 Initiate service request via Motorola On Line or complete a Motorola repair request form with contract number referenced,and submit it with each unit of Equipment sent in for service.Mobile control heads or palm microphones sent in must reference the serial number of the main unit. tt 3.5 If desired,supply Motorola with a backup Software template or programming in order to assist in returning the Equipment to original operating parameters.This step must be completed for Equipment that will not power up. If applicable,record the current flashcode for each radio. 3.6 If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition,Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.7 Provide a signed or emailed Motorola Inventory Adjustment Form(IAF)for all Equipment additions. SFS Service Agreement-SFS Comprehensive Updated 4-15-2013 12 Addendum to Motorola Solutions Service Agreement Contract Number: USC000006829 Quote Number: 1265122 1) Payments. A) County shall pay in accordance with the Florida Local Government Prompt Payment Act;payment will be made after delivery and inspection by County and within forty-five (45)days of the submission of invoice by Motorola Solutions. B) Motorola Solutions shall submit to County invoices with supporting documentation acceptable to the Clerk, on an ANNUAL schedule in advance of the service period. Acceptability to the CIerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 2) Books,Records and Documents. Motorola Solutions shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Motorola Solutions acknowledges that an auditor employed by the Monroe County Clerk of Courts shall have the right to inspect certain Motorola Solutions books and records for the purpose of versifying performance in accordance with the terms of the contract. County's inspection is limited to the verification of shipment to invoice quantities and shipment receipts. After County provides thirty days' written notice, County may send a representative to a Motorola Solutions facility during normal business hours to conduct such limited review, or at County's request Motorola Solutions will provide copies of the specific documents to County's location for its review. Motorola Solutions books and records provided to County pursuant to this provision shall not be used,duplicated or disclosed to any other third party without the express written permission of Motorola Solutions. In no circumstances will Motorola Solutions be required to create or maintain documents not kept in the ordinary course of Motorola Solutions' business operations, nor will Motorola Solutions be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola Solutions." 3) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Motorola Solutions agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 4) Attorney's Fees and Costs. The County and Motorola Solutions agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules.of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 5) Binding Effect. The terms,covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Motorola Solutions and their respective legal representatives, successors,and assigns. 6) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 7) Adjudication of Disputes or Disagreements. County and Motorola Solutions agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties.The County and Motorola Solutions representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.This Agreement is not subject to arbitration. 8) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance,or breach of this Agreement,County and Motorola Solutions agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Motorola Solutions specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which .prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended(42 USC §§6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion,national origin, ancestry, sexual orientation,gender identity or expression,familial status or age;and 11)any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of,:this Agreement. 10) Covenant of No Interest. County and Motorola Solutions covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement,and that only interest of each is to perform and receive benefits as recited in this Agreement. 11) Code of Ethics. County agrees that officers and employees of the County 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, solicitation 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. 12) Public Records Compliance. Motorola Solutions must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Motorola Solutions shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Motorola Solutions in conjunction with this contract and related to contract performance. The County shall not have the right to access proprietary or confidential information. The County shall have the right to unilaterally cancel this contract upon violation of this provision by Motorola Solutions. Failure of Motorola Solutions to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Motorola Solutions is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, Motorola Solutions is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by Iaw for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (h) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of Motorola Solutions or keep and maintain public records that would be required by the County to perform the service. If Motorola Solutions transfers all public records to the County upon completion of the contract, Motorola Solutions shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Motorola Solutions keeps and maintains public records upon completion of the contract,Motorola Solutions shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the -County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify Motorola Solutions of the request, and Motorola Solutions must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If Motorola Solutions does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract,notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by Motorola Solutions. An entity who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10,Florida Statutes. Motorola Solutions shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF MOTOROLA SOLUTIONS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MOTOROLA SOLUTIONS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, III 112th STREET, SUITE 408, KEY WEST, FL 33040. 13) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Motorola Solutions in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,nor shall any contract entered into by the County be required to contain any provision for waiver. 14) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers,agents, volunteers, or employees outside the territorial limits of the County. 15) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,nor shall it be construed as,authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 16) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Motorola Solutions agree that neither the County nor Motorola Solutions nor any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. 17) Attestations. Motorola Solutions agrees to execute such documents as the County may reasonably require,to include a Public Entity Crime Statement,an Ethics Statement,and a Drug- Free Workplace Statement(attached as Exhibit A). 18) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the parties in his or her individual capacity, and no member, officer, agent or employee of the parties shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 19) Insurance Requirements.Motorola shall furnish Certificates of Insurance indicating the required coverage limitations in the following amounts: Coverage Required Limits Form# Commercial General Liability $500,000 GG 001 0413 Vehicle Liability $300,000 C CA204 81013 Workers' Compensation Statutory WC00 0313 Employers Liability $500,0001$500,0001$500,000 Monroe County Board of County Commissioners must be listed as Certificate Holder and included as Additional Insured on General and Vehicle Liability. rola So utio Monroe oun Qom--- r-� - Cindee Markes - ief 2 A'-(AtFA&i Fri e•Kcc:t' Date 3 Date /O /s,4 hLr AOE poYR� t PEfl D ASSl6f MY ATTORNEY Date, 10/22/20 POLICY NUMBER:TB2-641-005169-070 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury', "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury' on behalf of the additional insured(s) at the caused,in whole or in part, by. location of the covered operations has been 1. Your acts or omissions;or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization other than another contractor or subcontractor the additional insured(s) at the locations) engaged in performing operations for a designated above principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III--Limits Of Insurance: law;and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1. Required by the contractor agreement;or by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply. This endorsement shall not increase the This insurance does not apply to "bodily injury' or applicable Limits of insurance shown in the "property damage"occurring after. Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): All Entities as required in writing prior to the date of loss All locations as required by.a written contract or agreement entered into prior to an"occurrence"or offense Information required to complete this Schedule,if not shown above,will be shown in the Declarations. CG 2010 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AS2-641-005169-010 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified'by the endorsement. This endorsement identifies person(s) or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Or anization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above,will be shown in,the Declarations. Each person or organization shown in the Schedule is an"insured"for CoveredAutos Liability Coverage, but only to the extentthat person or organization qualifies as an"insured"under the Who Is An insured provision contained in Paragraph A.I. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 01 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your' under Paragraph 1. of Section Il — Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our' refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word"insured" means any person or organization or authorized "employee" knew, prior toe or the qualifying as such under Section I! -- Who Is An policy period, that the bodily injury Insured. "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V — or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION 1—COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A--BODILY INJURY AND PROPERTY occurs during the policy .period and was not, DAMAGE LIABILITY prior to the policy period, known to have 1. Insuring Agreement occurred by any insured listed under Paragraph 1. of Section II—Who Is An Insured a. We will pay those sums that the insured or any"employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of"bodily injury" or"property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage"after the end of the policy period. any "suit" seeking those damages. However, d. "Bodily injury" or "property damage" will be we will have no duty -to defend the insured against any "suit" seeking damages for"bodily deemed to have been known to have occurred injury" or "property damage" to which this at the earliest time when any insured listed under Paragraph 1. of Section Il — Who Is An insurance does not apply. We may, at our Insured or any"employee"authorized by you to discretion, investigate. any occurrence and settle any claim or"suit"that may result. But: clamor receive notice of an "occurrence" or (1) The amount we will pay for damages is (1) Reports all, or any part, of the"bodily injury" limited as described in Section III — Limits or "property damage" to us or any other Of Insurance; and insurer; (2) Our right and duty to defend ends when we (2) Receives a written or verbal demand or have used up the applicable limit of claim for damages because of the "bodily insurance in the payment of judgments or settlements under Coverages A or B or injury or"property damage"; or medical expenses under Coverage C. (3) Becomes aware by any other means that No other obligation or liability to pay sums or "bodily injury" or "property damage" has perform acts or services is covered unless occurred or has begun to occur. explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments—Coverages A and B. damages claimed by any person or b. This insurance applies to "bodily injury" and organization for care, loss of services or death "property damage"only if. resulting at any time from the"bodily injury". (1) The "bodily injury' or "property damage" is caused by an "occurrence"that takes place in the"coverage territory"; CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or other a. Expected Or Intended Injury wrongdoing in: (a) The supervision, hiring, employment, "Bodily injury" or "property damage" expected training or imonitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to (b) Providing or failing provide protect persons or property. transportation with respect to any person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic (2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion, an "insured contract", provided the "bodily permitting a person to bring alcoholic injury" or "property damage" occurs beverages on your premises, for consumption subsequent to the execution of the contract on your premises, whether or not a fee is or agreement. Solely for the purposes of charged or a license is required for such liability assumed in an "insured contract", activity, is not by itself considered the business reasonable attorneys' fees and necessary of selling, serving or furnishing alcoholic litigation expenses incurred by or for a party beverages. other than an insured are deemed to be d. Workers'Compensation And Similar Laws damages because of "bodily injury" or"property damage", provided: Any obligation of the insured under a workers' compensation, disability benefits or (a) Liability to such party for, or for the cost unemployment compensation law or any of, that party's defense has also been similar law. assumed in the same"insured contract"; e. Employer's Liability and (b) Such attorneys' fees and litigation 'Bodily injury"to: expenses are for defense of that party (1) An "employee" of the insured arising out of against a civil or alternative dispute and in the course of; resolution proceeding in which damages (a) Employment by the insured; or to which this insurance applies are alleged. (b) Performing duties related to the conduct c. Liquor Liability of the insured's business; or (2) The spouse, child, parent, brother or sister "Bodily injury" or "property damage" for which an insured may be held liable b reason of: of that "employee'" as a consequence of Y Y Y Paragraph (1)above. (1) Causing or contributing to the intoxication of This exclusion applies whether the insured any person; may be liable as an employer or in any other (2) The furnishing of alcoholic beverages to a capacity and to any obligation to share person under the legal drinking age or damages with or repay someone else who under the influence of alcohol; or must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". Page 2 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of"pollutants": performing operations if the pollutants a At or from an remises, site or location are brought on or to the premises, site ( ) y P or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to. does not apply to: (i) "Bodily injury" or "property damage" (1) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a"hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes disposed of, or processed as waste by from a hostile fire'. or for: (e) At or from any premises, site or location (1) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury".or "property damage" arising any: out of. (a) Request, demand, order or statutory or (a) The operation of machinery or regulatory requirement that any insured equipment that is attached to, or part of, or others test for, monitor, clean up, a land vehicle that would qualify under remove, contain, treat, detoxify or the definition of "mobile equipment" if it neutralize, or in any way respond to, or were not subject to a compulsory or assess the effects of,"pollutants'; or financial responsibility law or other (b) Claim or suit by or on behalf of a motor vehicle insurance law where it is governmental authority for damages licensed orlprincipally garaged; or because of testing for, monitoring, (b) The operation of any of the machinery cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile any way responding to, or assessing the equipment'. effects of,"pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or"property damage" arising out liability for damages because of "property of. damage" that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment" by statutory or regulatory requirement, or such an"auto"owned or operated by or rented or claim or "suit" by or on behalf of a loaned to any insured; or governmental authority. (2) The use of "mobile equipment" in, or while g. Aircraft,Auto Or Watercraft in practice for, or while being prepared for, "Bodily injury" or"property damage" arising out any prearranged racing, speed, demolition, of the ownership, maintenance, use or or stunting activity. entrustment to others of any aircraft, "auto" or L War watercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and"loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims against any insured allege negligence or other (2) Warlike action by a military force, including wrongdoing in the supervision, hiring, action in hindering or defending against an actual employment, training or monitoring of others by any that insured, if the "occurrence" which caused government, expected attack,nt, sovereign or other authority the "bodily injury" or "property damage" using military personnel or other agents; or involved the ownership, maintenance, use or (3) Insurrection, rebellion, revolution, usurped entrustment to others of any aircraft, "auto" or power, or action taken by governmental watercraft that is owned or operated by or authority in hindering or defending against rented or loaned to any insured. any of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long;and any other person, organization or entity, for repair, replacement, enhancement, (b) Not being used to carry persons or restoration or maintenance of such property property for a charge; for any reason, including prevention of (3) Parking an "auto" on, or on the ways next injury to a person or damage to another's to, premises you own or rent, provided the property; "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any (4) Liability assumed under any "insured part of those premises; contract"for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or Page 4 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 (4) Personal property in the care, custody or This exclusion does not apply to the loss of use control of the insured; of other property arising out of sudden and (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work" after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or (6) That particular part of any property that expense incurred by you or others for the loss must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "property damage" (other than (2) "Your work'; or damage by fire) to premises, including the contents of such premises, rented to you for a (3) "Impaired property"; period of seven or fewer consecutive days. A if such product, work, or property is withdrawn separate limit of insurance applies to Damage or recalled from the market or from use by any To Premises Rented To You as described in person or organization because of a known or Section III—Limits Of Insurance. suspected defect, deficiency, inadequacy or Paragraph (2) of this exclusion does not apply dangerous condition in it. if the premises are"your work" and were never o. Personal And Advertising Injury occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p, Electronic Data under a sidetrack agreement. P Damages arising out of the loss of, loss of use Paragraph (6) of this exclusion does not apply to"property damage"included in the"products- of, damage to, corruption of, inability to access, completed operations hazard". or inability to manipulate electronic data. k. Damage To Your Product However, this exclusion does not apply to liability for damages because of"bodily injury". "Property damage"to"your product"arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as I. Damage To Your Work or on, created or used on, or transmitted to or "Property damage"to "your work" arising out of from computer software, including systems and. it or any part of it and included in the"products- applications software, hard or floppy disks, CD- completed operations hazard". ROMs, tapes, drives, cells, data processing This exclusion does not apply if the damaged devices or any other media which are used work or the work out of which the damage with electronicaliy.controlled equipment. arises was performed on your behalf by a q. Recording And Distribution Of Material Or subcontractor. Information In Violation Of Law m. Damage To Impaired Property Or Property "Bodily injury' or "property damage" arising Not Physically Injured directly or indirectly out of any action or "Property damage" to "impaired property" or omission that violates or is alleged to violate: property that has not been physically injured, (1) The Telephone Consumer Protection Act arising out of: (TCPA), including any amendment of or (1) A defect, deficiency, inadequacy or addition to such law; dangerous condition in "your product" or (2) The CAN-SPAM Act of 2003, including any "your work'; or amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act(FACTA); or CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 5 of 116 (4) Any federal, state or local statute, 2. Exclusions ordinance or regulation, other than the This insurance does not apply to: TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that a. Knowing Violation Of Rights Of Another addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by-or dissemination, disposal, collecting, at the direction of the insured with the recording, sending, transmitting, knowledge that the act would violate the rights communicating or distribution of material or of another and would inflict "personal and information. advertising injury". Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the "Personal and advertising injury" arising out,of owner. A separate limit of insurance applies to this oral or written publication, in any manner, of coverage as described in Section III — Limits Of material, if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B—PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY 1. Insuring Agreement "Personal and advertising injury" arising out of oral or written publication, in any manner,, of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period. because of"personal and advertising injury" to d. Criminal Acts which this insurance applies. We will have the right and duty to defend the insured against "Personal and advertising injury" arising out of any "suit" seeking those damages. However, a criminal act committed by or at the direction we will have no duty to defend the insured of the insured. against any "suit" seeking damages for e. Contractual Liability "personal and advertising injury" to which this "Personal and advertising injury" for which the insurance does not apply. We may, at our insured has assumed liability in a contract or discretion, investigate any offense and settle any claim or"suit"that may result. But: agreement. This exclusion does not apply to liability for damages that the insured would (1) The amount we will pay for damages is have in the absence of the contract or limited as described in Section III -- Limits agreement. Of Insurance; and f. Breach Of Contract (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of have used up the applicable limit of a breach of contract, except an implied insurance in the payment of judgments or contract to use another's advertising ideal in settlements under Coverages A or B or medical expenses under Coverage C. your"advertisement'. No other obligation or liability to pay sums or g• Quality Or Performance Of Goods—Failure perform acts or services is covered unless To Conform To Statements explicitly provided for under Supplementary "Personal and advertising injury" arising out of Payments—Coverages A and B. the failure of goods, products. or services to conform with any statement of quality or b. This insurance applies to personal and performance�made in your"advertisement". advertising injury caused by an offense arising out of your business but only if the offense was h. Wrong Description Of Prices committed in the"coverage territory"during the "Personal and advertising injury" arising out of policy period. the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 1. Infringement Of Copyright, Patent, n. Pollution-related Trademark Or Trade Secret Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or the infringement of copyright, patent, regulatory requirement that any insured or trademark, trade secret or other intellectual property rights. Under this exclusion, such others test for, monitor, clean up, remove, alize, or in other intellectual property rights do not include any waytrespond tto,l oroassess the effects the use of another's advertising idea in your of, "pollutants"; or "advertisement". (2) Claim or suit by or on behalf of a However, this exclusion does not apply to governmental authority for damages infringement, in your "advertisement', of because of testing for, monitoring, cleaning copyright,trade dress or slogan. up, removing, containing, treating, j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way Businesses responding to, or assessing the effects of, "Personal and advertising injury" committed by "pollutants". an insured whose business is: o. War (1) Advertising, broadcasting, publishing or "Personal and advertising injury", however telecasting; caused, arising, directly or indirectly, out of. (2) Designing or determining content of web (1) War, including undeclared or civil war; sites for others; or (2) Warlike action by a military force, including (3) An Internet search, access, content or action in hindering or defending against an service provider. actual or expected attack, by any However, this exclusion does not apply to government, sovereign or other authority Paragraphs 14.a., b. and c. of "personal and using military personnel or other agents; or advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped section. power, or action taken by governmental For the purposes of this exclusion, the placing authority in hindering or defending against of frames, borders or links, or advertising, for any of these. you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or by itself, considered the business of Information In Violation Of Law advertising, broadcasting, publishing or "Personal and advertising injury" arising telecasting. directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate: "Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act an electronic chatroom or bulletin board the (TCPA), including any amendment of or insured hosts, owns,,or over which the insured addition to such law; exercises control. (2) The CAN-SPAM Act of 2003, including any I. Unauthorized Use Of Another's Name Or amendment of or addition to such law; Product (3) The Fair Credit Reporting Act (FCRA), and "Personal and advertising injury" arising out of any amendment of or addition to such law, the unauthorized use of another's name or including the Fair and Accurate Credit product in your e-mail address, domain name Transactions Act(FACTA); or or metatag, or any other similar tactics to (4) Any federal, state or local statute, mislead another's potential customers. ordinance or regulation, other than the m. Pollution TCPA, CAN-SPAM Act of 2003 or FCRA "Personal and advertising injury" arising out of and their amendments and additions, that the actual, alleged or threatened discharge, addresses, prohibits, or limits the printing, dispersal, seepage, migration, release or dissemination, disposal, collecting, escape of"pollutants"at any time. recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 7 of 16 S� i .� � � .. . . J ,� I �� ., �, �. �F �� , r� 11 ' ' ` It4 1 , � ' ' COVERAGE C--MEDICAL PAYMENTS d. Workers'Compensation And Similar taws 1. Insuring Agreement To a person, whether or not an "employee" of a. We will pay medical expenses as described any insured, if benefits for the "bodily injury" below for"bodily injury caused by an accident: are payable or must be provided under a workers' compensation or disability benefits (1) On premises you own or rent; law or a similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or (3) Because of your operations; To a person injured while practicing, instructing or participating in any physical exercises or provided that: games, sports, or athletic contests. (a) The accident takes place in the L Products-Completed Operations Hazard "coverage territory"and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and.reported g. Coverage A Exclusions to us within one year of the date of the accident; and Excluded under Coverage A. (c) The injured person submits to SUPPLEMENTARY PAYMENTS—COVERAGES A examination, at our expense, by AND B physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an b. We will make these payments regardless of insured we defend: fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We (2) Necessary medical, surgical, X-ray and do not have to furnish these bonds. dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable (3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish professional nursing and funeral services, these bonds. 2. Exclusions d. All reasonable expenses incurred by the insured at our request to assist us in the We will not pay expenses for"bodily injury": investigation or defense of the claim or "suit", a. Any Insured including actual loss of earnings up to $250 a To any insured, except"volunteer workers". day because of time off from work. b. Hired Person e. All court costs taxed against the insured in the "suit'. However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured. against the insured. c. Injury On Normally Occupied Premises f. prejudgment interest awarded against the To a person injured on that part of premises insured on that part of the judgment we pay. If you own or rent that the person normally we make an offer to pay the applicable limit of occupies, insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 g. All interest on the full amount of any judgment So long as the above conditions are met, that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of before we have paid, offered to pay, or that indemnitee, necessary litigation expenses deposited in court the part of the judgment that incurred by us and necessary litigation expenses is within the applicable limit of insurance. incurred by the indemnitee at our request will be These payments will not reduce the limits of paid as Supplementary Payments. insurance. Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1 -- Coverage A — Bodily Injury 2. If we defend an insured against a "suit" and an And Property Damage Liability, such payments will indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury" to the "suit",we will defend that indemnitee if all of and "property damage" and will not reduce the the following conditions are met: limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee damages for which the insured has assumed and to pay for attorneys' fees and necessary the liability of the indemnitee in a contract or litigation expenses as Supplementary Payments agreement that is an "insured contract"; ends when we have used up the applicable limit of b. This insurance applies to such liability insurance in the payment of judgments or assumed by the insured; settlements or the conditions set forth above, or c. The obligation to defend, or the cost of the the terms of the agreement described in defense of, that indemnitee, has also been Paragraph f.above, are no longer met. assumed by the insured in the same "insured SECTION 11—WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the"suit"and the information a. An individual, you and your spouse are we know about the "occurrence" are such that insureds, but only with respect to the conduct no conflict appears to exist between the of a business of which you are the sole owner. interests of the insured and the interests of the b. A partnership or joint venture, you are an indemnitee; insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to the conduct of your business. indemnitee against such "suit" and agree that c. A limited liability company, you are an insured. we can assign the same counsel to defend the Your members are also insureds, but only with insured and the indemnitee; and respect to the conduct of your business. Your f. The indemnitee: managers are insureds, but only with respect (1) Agrees in writing to: to their duties as your managers. (a) Cooperate with us in the investigation, d. An organization other than a partnership, joint settlement or defense of the"suit'; venture or limited liability company, you are an (b) Immediately send us copies of any insured. Your"executive officers" and directors demands, notices, summonses or legal are insureds, but only with respect to their papers received in connection with the duties as your officers or directors. Your „suit"; stockholders are also insureds, but only with respect to their liability as stockholders. is a(c} Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are s available to the indemnitee; and also insureds, but only with respect to their (d) Cooperate with us with respect to duties as trustees. coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the"suit'; and (b) Conduct and control the defense of the indemnitee in such"suit". CG 00 01 0413 ©insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your"volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership,joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts .within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That of your business. However, none of these representative will have all your rights and "employees" or "volunteer workers" are duties under this Coverage Part. insureds for: 3. Any organization you newly acquire or form, other (1) "Bodily injury' or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership or majority interest, will qualify as a Named (a) To you, to your partners or members (if you are a partnership or joint venture), Insured if there is no other similar insurance to your members (if you are a limited available to that organization. However: liability company), to a co-employee a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form the employment or performing duties related organization or the end of the policy period, to the conduct of your business, or to whichever is earlier; your other "volunteer workers" while b. Coverage A does not apply to "bodily injury" or performing duties related to the conduct "property damage" that occurred before you of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph(1)(a)above; organization. (c) For which there is any obligation to No person or organization is an insured with respect snare damages with or repay someone to the conduct of any current or past partnership,joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or(b)above;or SECTION III—LIMITS OF INSURANCE (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage"to property: a. Insureds; (a) Owned, occupied or used by; b. Claims made or"suits"brought; or (b) Rented to, in the care, custody or c. Persons or organizations making claims or control of, or over which physical control bringing "suits". is being exercised for any purpose by; 2• The General Aggregate Limit is the most we will you, any of your "employees", "volunteer workers", any partner or member(if you are Pay for the sum of: a partnership or joint venture), or any a. Medical expenses under Coverage C; member (if you are a limited liability b. Damages under Coverage A, except damages company). because of"bodily injury" or"property damage" b. Any person (other than your "employee" or included in the "products-completed operations "volunteer worker"), or any organization while hazard"; and acting as your real estate manager. c. Damages under Coverage B. Page 10 of 16 O Insurance Services Office, Inc.,2012 CG 00 01 0413 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or damages because of"bodily injury" and "property offense. damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured,you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or"suit"and the date received; and under Coverage B for the sum of all damages because of all "personal and advertising injury" (2) Notify us as soon as practicable. sustained by any one person or organization. You must see to it that we receive written S. Subject to Paragraph 2. or 3. above, whichever notice of the claim or "suit" as soon as applies, the Each Occurrence Limit is the most we practicable. will pay for the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) immediately send us copies of any b. Medical expenses under Coverage C demands, notices, summonses or legal because of all "bodily injury" and "property papers received in connection with the damage"arising out of any one"occurrence". claim or"suit"; S. Subject to Paragraph 5. above, the Damage To (2) Authorize us to obtain records and other Premises Rented To You Limit is the most we will information; pay under Coverage A for damages because of (3) Cooperate with us in the investigation or "property damage" to any one premises, while settlement of the claim or defense against rented to you, or in the case of damage by fire, the"suit"; and while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the with permission of the owner. enforcement of any right against any 7. Subject to Paragraph 5. above, the Medical person or organization which may be liable Expense Limit is the most we will pay under to the insured because of injury or damage Coverage C for all medical expenses because of to which this insurance may also apply. "bodily injury"sustained by any one person. d. No insured will, except at that insured's own The Limits of Insurance of this Coverage Part apply cost, voluntarily make a payment, assume any separately to each consecutive annual period and to obligation, or incur any expense, other than for any remaining period of less than 12 months, starting first aid,without our consent. with the beginning of the policy period shown in the 3. Legal Action Against Us Declarations, unless the policy period is extended No person or organization has a right under this after issuance for an additional period of less than 12 Coverage Part: months. In that case, the additional period will be deemed part of the last preceding period for purposes a. To join us as a party or otherwise bring us into of determining the Limits of Insurance. a"suit"asking for damages from an insured; or SECTION IV—COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of CONDITIONS its terms have been fully complied with. 1. Bankruptcy A person or organization may sue us to recover on Bankruptcy or insolvency of the insured or of the an agreed settlement or on a final judgment insured's estate will not relieve us of our against an insured; but we will not be liable for obligations under this Coverage Part. damages that are not payable under the terms of this Coverage Part or that are in excess of the 2. Duties In The Event Of Occurrence,Offense, applicable limit of insurance. An agreed settlement Claim Or Suit means a settlement and release of liability signed a. You must see to it that we are notified as soon by us, the insured and the claimant or the as practicable of an "occurrence" or an offense claimant's legal representative. which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as.follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance; and Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c.below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work"; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains,whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 6. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos"or watercraft to the extent not subject to Exclusion g. of Section I— b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess,we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any "suit" if any other computation, and send.us copies at such times insurer has a duty to defend the insured as we may request. against that "suit'. If no other insurer defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy,you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory"means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or"suit"is brought. in Paragraph a.above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of. If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a"suit" on the merits, in expiration date. the territory described in Paragraph a. above or in If notice is mailed, proof of mailing will be sufficient a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V—DEFINITIONS "Employee" does not include a "temporary 1. "Advertisement" means a notice that is broadcast worker". or published to the general public or specific 6. "Executive officer' means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication; and intended to be. b. Regarding web sites, only that part of a web 8• "Impaired property"means tangible property, other site that is about your goods, products or than "your product" or"your work", that cannot be services for the purposes of attracting used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, 2. "Auto"means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contract or agreement. licensed or principally garaged. CG 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract"means: 10."Leased worker" means a person leased to you by a. A contract for a lease of premises. However, a labor leasing firm under an agreement between that portion of the contract for a lease of you and the labor leasing firm, to perform duties premises that indemnifies any person or related to the conduct of your business. "Leased organization for damage by fire to premises worker"does not include a"temporary worker". while rented to you or temporarily occupied by 11."Loading or unloading" means the handling of you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an aircraft, c. Any easement or license agreement, except in watercraft or"auto'; connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto'; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft,watercraft or"auto". with work performed for a municipality) under 12."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage"to a third person or organization. Tort a. Bulldozers, farm machinery, forklifts and other liability means a liability that would be imposed vehicles designed for use principally off public by law in the absence of any contract or roads; agreement. Paragraph f. does not include that part of any b. Vehicles maintained for use solely on or next to premises you own or rent; contract or agreement: (1) That indemnifies a railroad for"bodily injury" c. Vehicles that travel on crawler treads; or "property damage" arising out of d. Vehicles, whether self-propelled or not, construction or demolition operations, within maintained primarily to provide mobility to 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or tracks, road-beds, tunnel, underpass or drills; or crossing; (2) Road construction or resurfacing equipment (2) That indemnifies an architect, engineer or such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. (a) Preparing, approving, or failing to or d. above that are not self-propelled and are prepare or approve, maps, shop maintained primarily to provide mobility to drawings, opinions, reports, surveys, permanently attached equipment of the field orders, change orders or drawings following types: and specifications; or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the primary cleaning, geophysical exploration, lighting cause of the injury or damage; or and well servicing equipment; or (3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to engineer or surveyor, assumes liability for raise or lower workers; an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those listed other than the transportation of persons or in (2) above and supervisory, inspection, cargo. architectural or engineering activities. Page 14 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 However, self-propelled vehicles with the 16."Prod ucts-com pleted operations hazard": following types of permanently attached a. Includes all "bodilyinjury" and "property equipment are not "mobile equipment" but will damage be considered"autos": " occurring away from premises you own or rent and arising out of your product or (1) Equipment designed primarily for: "your work"except: (a) Snow removal; (1) Products that are still in your physical (b) Road maintenance, but not construction possession; or or resurfacing; or (2) Work that has not yet been completed or (c) Street cleaning; abandoned. However, "your work" will be (2) Cherry pickers and similar devices mounted deemed completed at the earliest of the following times: on automobile or truck chassis and used to raise or lower workers; and (a) When all of the work called for in your 3 contract has been completed. ( ) Air compressors,, pumps and generators, b including spraying, welding, building (b) When.all of the work to be done at the cleaning, geophysical exploration, lighting job site has been completed if your and well servicing equipment. contract calls for work at more than one However, "mobile equipment" does not include job site. any land vehicles that are subject to a compulsory (c) When that part of the work done at a job or financial responsibility law or other motor site has been put to its intended use by vehicle insurance law where it is licensed or any person or organization other than principally garaged. Land vehicles subject to a another contractor or subcontractor compulsory or financial responsibility law or other working on the same project. motor vehicle insurance law are considered Work that may need service, maintenance, "autos". correction, repair or replacement, but which 13."Occurrence" means an accident, including is otherwise complete, will be treated as continuous or repeated exposure to substantially completed. the same general harmful conditions. b. Does not include "bodily injury" or "property 14."Personal and advertising injury" means injury, damage"arising out of: including consequential "bodily injury', arising out (1) The transportation of property, unless the of one or more of the following offenses: injury or damage arises out of a condition in a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by you, and that condition was created by the b. Malicious prosecution; "loading or unloading" of that vehicle by any c. The wrongful eviction from, wrongful entry into, insured; or invasion of the right of private occupancy of (2) The existence of tools, uninstalled a room, dwelling or premises that a person equipment or abandoned or unused occupies, committed by or on behalf of its materials; or owner, landlord or lessor; (3) Products or operations for which the d. Oral or written publication, in any manner, of classification, listed in the Declarations or in material that slanders or libels a person or a policy Schedule, states that products- organization or disparages a person's or completed operations are subject to the organization's goods, products or services; General Aggregate Limit. e. Oral or written publication, in any manner, of 17."Property damage"means: material that violates a person's right of privacy, a. Physical injury to tangible property, including all resulting loss of use of that property. All f. The use of another's advertising idea in your such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; or g. Infringing upon another's copyright, trade dress b. Loss of use of tangible property that is not or slogan in your"advertisement". physically injured. All such loss of use shall be 15."Pollutants" mean any solid, liquid, gaseous or deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence"that caused it. vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data waste. Waste includes materials to be recycled, is not tangible property. reconditioned or reclaimed. CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means b. Includes: information, facts or programs stored as or on, (1) Warranties or representations made at any created or used on, or transmitted to or from time with respect to the fitness, quality, computer software, including systems and durability, performance or use of "your applications software, hard or floppy disks, CD- product"; and ROMs, tapes, drives, cells, data processing devices or any other media which are used with (2) The providing of or failure to provide electronically controlled equipment. warnings or instructions. 18."Suit" means a civil proceeding in which damages c. Does not include vending machines or other because of "bodily injury", "property damage" or property rented to or located for the use of "personal and advertising injury" to which this others but not sold. insurance applies are alleged. "Suit"includes: 22."Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the insured (1) Work or operations performed by you or on must submit or does submit with our consent; your behalf; and or b. Any other alternative dispute resolution (2) Materials, parts or equipment furnished in proceeding in which such damages are connection with such work or operations. claimed and to which the insured submits with b. Includes: our consent. (1) Warranties or representations made at any 19."Temporary worker" means a person who is time with respect to the fitness, quality, furnished to you to substitute for a permanent durability, performance or use of "your "employee" on leave or to meet seasonal or short- work"; and term workload conditions. (2) The providing of or failure to provide 20."Volunteer worker" means a person who is not warnings or instructions. your"employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 16 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued.unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by WC 00 0313 (Ed.4-84) 01983 National Council on Compensation Insurance. SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE n a (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or Violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement 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 (Signature) Date: t7 `3 r a' !7 0 STATE OF: / COUNTY OF: $222 Subscribed and sworn to (or affirmed) before me, by means ofla'physical presence or❑ online notarization, on (date) by (name of affrant). He/She is personally known to me or has produced t!/ ' (type of Identification) as identification. NOTAR PUBLIC[—Iee—f Wary Public Steli�ar Florida • un ,oOl �araa M Commission E lies: My Gommis W GG-SON78 y i,,,,, FxpEra oa>3=u EXHIBIT A PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR,supplier,subcontractor,or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Cindee Markes (Respondent's name) nor any Affillate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: 1 � —�► �- o� C7a � STATE OF: ��f"/Uc� COUNTY OF: Subscribed and swom to (or affirmed) before me, by means of Wp'hysicai presence or❑ online notarization, on /'' &31z 01 X 0 (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. „ of Floft NOTARY PUBLIC IeBoDiuden rda rKy =mkslon GG owm a Expiros03*01"(*4 My Commission Expires: 20217' DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. in the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five (5) days after such conviction. 5. impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through _implementation of this section. As the person authorized to sign the statement, 1 certify that this firm complies fully with the above requirements. 0— Lam az=� Q�� (Signature) Date: 1 -�3 -_a C7 &-2 STATE OF: COUNTY OF: Subscribed and sworn to (or affirm before me, by means of V physical presence or 0 online -notarizat'so on .J (date) by c� (nam of affiant). He/She is personally known to me or has produced gZ2JL (type of identification) as ide141�112 NOTARY PUBLIC My Commission Expires: .0 o- Pubk�orLisoMen Garda Nyrrano,"c3G eswa is o3raor2o2�