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1st Amendment 03/22/2023
FIRST AMENDMENT TO AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This First Amendment to Agreement for Pest Control, Lower Keys is made and entered into this 22nd day of March 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Tower Pest Control, Inc., a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 7760 W 20 Ave., Bay 14, Hialeah, Florida 33016. WHEREAS, on September 21, 2022, the parties entered into an Agreement for Pest Control — Lower Keys ("Original Agreement") for the CONTRACTOR to provide pest control services for the Lower Keys Facilities owned by Monroe County; and WHEREAS, CONTRACTOR desires and is able to provide pest control services for additional locations and delete a location within the Lower Keys as outlined in the below SWope of work; and WHEREAS, this First Amendment serves to amend the Original Agreement to update certain provisions, incorporate and include the CONTRACTOR's scope of services to be provided at the additional Lower Keys locations and terminate one (1) location as outlined in the below Scope of Work; WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and; WHEREAS, the parties find that it would be mutually beneficial to enter into this First Amendment to the Original Agreement for termination of certain pest control services and for additional pest control services; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1. Paragraph 2, SCOPE OF WORK, of the Original Agreement shall be amended by deleting the current Paragraph 2 of the Agreement and replacing it with the following paragraph and the updated Exhibit "A" — Revised, attached hereto: 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A" - Revised, which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. 2. The Scope of Work shall be amended to incorporate and include the following additional COUNTY facilities and CONTRACTOR's services: Public Defender's Office, Suite 310, Key West, Interior—Treated Monthly Bernstein Park Community Center, Interior and Exterior Perimeter- Treated Monthly Wilhelmina Harvey Park, Exterior pest control for fleas, ticks, and ants, Wasp Nests as needed -Treated Quarterly Watson Field Dog Park, Exterior flea and tick control- Treated Monthly Higgs Beach Dog Park, Exterior flea and tick control- Treated Monthly West Martello, Interior pest control and Exterior perimeter treatment, including rodent control- Treated Monthly Big Pine Community Park Playground and Lawn, Exterior ant control including Wasp Control- Treated Monthly Pine Channel Nature Park, Rodent control and Interior and Exterior ant and Wasp Control to bathroom area- Treated Monthly The scope of work shall be amended to incorporate and terminate the following COUNTY facility and CONTRACTOR's services: Future Public Defender's Office, Simonton Street, Interior and Exterior—Treated Monthly 3. Paragraph 5, CONTRACT SUM AND PAYMENTS TO CONTRACTORS of the Original Agreement, shall be amended as follows: C. The cost of labor used by the contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS FREQUENCY TREATMENT COST Higgs Beach Dog Park 1000 Atlantic Blvd., Key West Monthly $150.00 West Martello 1100 Atlantic Blvd., Key West Monthly $250.00 Bernstein Park 6751 51h St., Stock Island Monthly $150.00 Wilhelmina Harvey Park 360 Ave F., Big Coppitt Quarterly $100.00 Pine Channel Nature Park 29550 Overseas Hwy, Big Pine Monthly $95.00 Big Pine Community Park 31009 Atlantis Rd., Big Pine Monthly $300.00 Watson Field Dog Park 30150 South St., Big Pine Monthly $150.00 Gato Building 1100 Simonton St., Key West Monthly $120.00 Harvey Government Center 1200 Truman Ave., Key West Monthly $95.00 Historic Courthouse 500 Whitehead St., Key West Monthly $95.00 Jefferson Browne (incl. Old 502 Whitehead St., Key West Monthly $95.00 Jail) Lester Building 530 Whitehead St., Key West Monthly $95.00 Freeman Justice Center 302 Fleming St.,Key West Monthly $95.00 Key West Library 700 Fleming St., Key West Monthly $60.00 Bayshore Manor 5200 College Road, Stock Monthly $95.00 Island County Attorney Offices 1111 12th St., Suite 408, Monthly $40.00 Key West Public Defender Office#310 1111 12th St., Suite 310, Monthly $40.00 Key West Big Pine Key Library 213 Key Deer Blvd., Big Pine Monthly $40.00 Key Blue Heron Community Center 30451 Lyttons Way, Big Pine Monthly $35.00 Big Pine DIVIV 247 Key Deer Blvd, Big Pine Monthly $30.00 Commission Coldiron Office 243 Key Deer Blvd, Big Pine Monthly $30.00 Stock Island Fire Station#8 5655 MacDonald Ave., Stock Monthly $45.00 Island Big Pine Key Fire Station#13 390 Key Deer Blvd., Big Pine Monthly $45.00 Big Coppitt Key Fire Station#9 28 Emerald Dr., Big Coppitt Monthly $45.00 Sugarloaf Key Fire Station# 17097 Overseas Hwy., Monthly $45.00 10 Su arloaf Key Cudjoe Key Fire Station#11 22352 Overseas Hwy., Cudjoe Monthly $45.00 Key 2 Public Works Trailers and 123 Overseas Highway, Monthly $45.00 Fleet Garage @ Rockland Key Rockland Key Site Key West DMV 3304 N. Roosevelt Blvd., Key Monthly $40.00 West Total Annual Cost for Facilities Maintenance for nineteen (19) Locations, (23) Buildings is Fifteen Thousand Three Hundred and 00/100 ($15,300.00) Dollars Total Annual Cost for Parks and Beaches for seven (7) Locations, (3) Buildings is Thirteen Thousand Five Hundred Forty and 00/100 ($13,540.00) Dollars Facilities Maintenance and Parks and Beaches Departments shall be invoiced separately. There shall be no additional charges to the owner for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Forty- three Thousand Three Hundred Forty and 00/100($43,340.00) Dollars, unless pre-approved work requiring additional funds is implemented. 4. Except as set forth in Paragraphs 1 through 3 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement remain in full force and effect. EXHIBIT "A" - Revised SCOPE OF WORK INTENT AND SCOPE OF WORK This specification describes minimum requirements to cover the furnishing of all necessary labor, materials, equipment, and other resources needed to control pest(s) in buildings and parks owned or leased by the Monroe County Board of County Commission. The object of this service is to effectively control and eradicate insects, roaches, palmetto bugs, silverfish, vermin, ants, wasps, fleas, mites, bedbugs, scorpions, millipedes and rodents (excluding termites). All work performed shall be to the satisfaction of the Facilities Maintenance Director or designee. All County buildings requiring pest control services are shown on the List of facilities. Additional buildings may be added to the List of facilities, at any point during the contract, as required by the County. A monthly cost for each additional building will be negotiated with the Contractor. After contract award, the County reserves the right to add additional related items to this contract. price quotes will be obtained from the Contractor for the additional items. Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the County may, at any time, secure similar or identical services from another supplier at the County's sole option. TREATMENT SCHEDULE 1. A thorough inspection and treatment as described herein shall be performed once every thirty (30) calendar days for all areas. In the event this treatment does not control pests to the complete satisfaction of the Facilities Maintenance Director or designee, the Contractor may be subject to an average of one recall per location during each 30-day period for additional treatment at no additional cost. Such notification shall be in writing from the contract monitor. 2. Treatment will include but not be limited to: interior and exterior perimeter General Household Pest Control for Facilities. Rodent monitoring as needed. 3. Contractor shall complete and post approved spray notices at all facility locations at least twenty-four (24) hours prior to spraying - see Exhibit "B" attached hereto and made a part hereof. 4. Buildings requiring after hours treatment shall be treated on the third (3 d) Saturday of every month unless otherwise pre-approved by the Director of Facilities Maintenance or his/her designee. 5. Contractor must take note that all Parks and Beaches locations are open to the public. Care shall be taken to avoid heavy recreational times. A minimum of 48 hours notice shall be required before chemical spraying. Weekend spraying of the parks will not be permitted except in extreme, pre-approved instances. STATEMENT OF CONDITIONS FOUND AND TREATMENT RENDERED Following each visit and inspection of a building, the Contractor shall email a report in writing to the Facilities Maintenance Director or designee, stating the conditions that existed and the proper treatment rendered. This notice shall be on a form agreed upon between the Contractor and the Facilities Maintenance Director or designee. RESTRICTIONS ON THE USE OF PEST CONTROL MATERIALS A. All rodenticide and/or traps shall be placed only at times and in areas to assure maximum safety. B. No pest control and/or traps shall be placed where any visitor may recover them. C. The use of rodenticide shall be restricted to areas NOT accessible to the general public. D. A record of materials used and where used shall be made in duplicate, one (1) copy to the Facilities Maintenance Director and one (1) copy to the Contractor. REMOVAL OF DEAD RODENTS All dead or dying rodents shall be removed by the Contractor and disposed of to the satisfaction of the Facilities Maintenance Director or designee. LOCATION CONTACTS Contractor shall coordinate monthly activities with Monroe County contacts as listed below: Facilities Maintenance Contract Monitor: Alice Steryou —305 292-4549 Parks & Beaches Contract Monitor: Tammy Acevedo —305 453-8776 Gato Building - Enrique Gonzalez - 305-797-1492 Harvey Government Center (First Floor) -Sam Steele 305-295-5000 Harvey Government Center (Second Floor)-Von Woods-305-797-1494 Historic Courthouse - Tom Pacini - 305-394-7763 Jefferson Browne (incl. Old Jail) Tom Pacini - 305-394-7763 Lester Building Debra Tom Pacini - 305-394-7763 Freeman Justice Center- Tom Pacini - 305-394-7763 Key West Library Kim Rinaldi-305-809-5256 Bayshore Manor— Willie Desantis —305 797-1250 County Attorney Offices (#408) Abra Campo or Brian Bradley - 305-292-3470 Public Defender Office (#301) Kim Kocis -305-587-8807 Big Pine Key Library Rob Rinaldi -305-809-6304 Blue Heron Community Center— Damarys Fernandez- 305-413-0488 Stock Island Fire Station #8 — Maria Altamarino—305-289-6047 Big Pine Fire Station #13 - Maria Altamarino - 305-289-6047 Big Coppitt Key Fire Station #9- Maria Altamarino - 305-289-6047 Sugarloaf Key Fire Station #10 Maria Altamarino - 305-289-6047 Cudjoe Key Fire Station #11 Maria Altamarino—305-289-6047 Key West DMV— Sam Steele 305-295-5000 Big Pine DMV— Damarys Fernandez- 305-413-0488 Commissioner District 2 Big Pine Key Office-Damarys Fernandez- 305-413-0488 Rockland Key Facilities and Roads Trailers (2)—Alice Steryou 305-292-4549 Rockland Fleet Garage-Joe Zoppy-305-295-3673 Bernstein Park Community Center- Carlton Howard — 305-902-7175 Wilhelmina Harvey Park- Carlton Howard — 305-902-7175 Watson Field Dog Park- Carlton Howard — 305-902-7175 Higgs Beach Dog Park—Tony Roberts — 305-797-2532 West Martello —Tony Roberts — 305-797-2532 Big Pine Community Park - Carlton Howard — 305-902-7175 Pine Channel Swim Hole - Carlton Howard — 305-902-7175 TOWERPE001 APASQUALINI �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `.�• 9/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Pasqualini Riemer Insurance Group,Inc. PHONE FAX P O Box 250 (A/C,No,Ext): (754)202-0883 (A/C,No): Hallandale,FL 33008 ABDRESs:apasqualini@riemerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Im erium Insurance Company 35408 INSURED INSURER B:InfinityAuto Insurance Company 11738 Tower Pest Control,Inc. INSURERC:Technology Insurance Co. 42376 7760 West 20th Ave,Bay 14 INSURER D: Hialeah,FL 33016 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY EIE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IICGL0795601 7/22/2022 7/22/2023 DAMAGE TO RENTED 100 000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 509820061744001 7/21/2022 7/21/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE IICEX0102001 7/22/2022 7/22/2023 AGGREGATE $ 2,000,000 DED X RETENTION$ 0 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER X TWC4122677 7/22/2022 7/22/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,UUU If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pest Control Operations Monroe County Board of County Commissioners,its employees and officals is included as Additional Insured with respects to General Liability&Auto Liability,Waiver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to policy terms,conditions and exclusions with regards to the Named Insured's operations. By ._ .. , CERTIFICATE HOLDER CANCELLATION DA SHOULD ANY OF THE WAS THE EXPIRATION UA I t I IytKLUt-, NU I K:t WILL it UtLIVtKtU IN Monroe County Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED QQ , REPRESENTATIVE 4) ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IICGL50041017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY DECLARATION In addition to words and phrases contained in the Commercial General Liability Coverage Form, other words and phrases that appear in quotation marks have special meaning. Refer to Paragraph VI. DEFINITIONS of this endorsement. For the purposes of the coverage provided by this endorsement these definitions apply in place of their definitions stated elsewhere in the policy. The following provisions apply only with respect to the coverage provided by this endorsement. However, the coverage expansions provided throughout this endorsement do not apply if coverage is excluded either by the provisions of the Coverage Part or by endorsement. I. COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non-Owned Watercraft Paragraph 2.g. (2)(a) of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced with the following: (a) Less than 51 feet long; and B. Property Damage Extension The following is added to Exclusion j.: 1. Borrowed Equipment Paragraphs (3) and (4) of this exclusion do not apply to "property damage"to borrowed equipment while not being used to perform operations at the job site. 2. Elevators The following is added to Exclusion j.: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. II. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: A. The limit for the cost of bail bonds is increased from $250 to $1,000; and B. The limit for loss of earnings is increased from $100 a day to $500 a day. III. WHO IS AN INSURED A. Paragraph 2. Under SECTION II—WHO IS AN INSURED is expanded to include the following: 1. Additional Insured by Contract, Agreement or Permit Any person(s) or organization(s) is an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person(s) or organization(s) be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 1 of 7 with its permission. IICGL50041017 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such a person or organization is included as an insured by an endorsement issued by us and made part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to herein as vendor)with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, services or repair operations, except such operations performed at the vendor's premises in connection with the sale of the products; (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h)"Bodily Injury" or"Property Damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in contained in Subparagraphs(d)or(f); or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution of sale of the products. (2)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors or Equipment (1)Any person(s) or organization(s)from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment lease to you by such person(s)or organization(s). (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person(s) or organization(s)from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, and subject to the following additional exclusions: This insurance does not apply to: IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 2 of 7 with its permission. IIC GL 50 04 10 17 (1)Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors (1)Any architect, engineer, or surveyor engaged by you but only with respect to liability for"bodily injury" "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury"or"property damage"or"personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State or Political Subdivisions Any state or governmental agency or subdivision or political subdivision but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. The insurance does not apply to: (1) "Bodily injury", "property damage"or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" included within the "products-completed operations hazard". f. Any Other Party Any other person(s)or organization(s)who is not an insured under Paragraph a. through e. above, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operation hazard", but only if: (a) The written contract or agreement requires you to provide such a coverage to additional insureds; and (b)The Coverage Part provides coverage for"bodily injury" or"property damage" included within "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this coverage does not apply to: "Bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or filing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspections, architectural or engineering activities. The limit of insurance that apply to additional insureds under this extension is described in SECTION III— LIMITS OF INSURANCE. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 3 of 7 with its permission. IICGL50041017 How this Insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS. 2. Subsidiaries Any subsidiary and subsidiary thereof of yours, which is a legally incorporated entity, of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly formed Or Acquired Organizations Paragraph 3.a. of SECTION II—WHO IS AN INSURED, is increased from goth day to 180th day. However, this expansion does not apply if coverage for newly formed or acquired organizations is excluded either by the provisions of the Coverage Part or by endorsement. IV. LIMITS OF INSURANCE A. Damage to Premises Rented To You Paragraph 6. of SECTION III—LIMITS OF INSURANCE is replaced with the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The most we will pay in any one "occurrence" is the higher of the following: (a) $300,000; or (b)The amount shown in the Declarations for Damages To Premises Rented to You Limit. B. Medical Payments Paragraph 7. of SECTION III—LIMITS OF INSURANCE is replaced with the following: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person. The most we will pay because for"bodily injury" sustained by any one person is the higher of the following; a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit. V. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS The following items are amended: A. Duties In The Event Of Accident, Claim, Suit Or Loss The following items are added to Paragraph 2. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Additional Insurance Other Insurance If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 4 of 7 with its permission. IIC GL 50 04 10 17 f. Knowledge Of An Occurrence, Offense, Claim or Suit Paragraph a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2)Any partner, if you or an additional insured is a partnership; (3)Any manager, if you or an additional insured is a limited liability company; (4)Any"executive officer" or insurance manager, if you or an additional insured is a corporation; (5)Any trustee, if you or an additional insured is a trust; or (6)Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. B. Other Insurance The following items are added to paragraph 4.b. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS: (1) This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis; (a) Property Damage to Borrowed Equipment or Use of Elevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; (b)When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for products and completed operations, for which you have been added as an additional insured by that insurance; or (c)When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part: i. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. Method of Sharing, in the policy. ii. Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured. C. Representations Paragraph 6. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 5 of 7 with its permission. IICGL50041017 (2) Those statements are based upon representation you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date or your policy, we will not deny coverage under this Coverage Part because of such failure. However, you must report such error or omission to us as soon as practicable after its discovery. D. Transfer Of Rights OF Recovery Against Others To Us Paragraph 8. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit"or transfer those rights to us and helps us enforce them. However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"occurrence"or"suit" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. VI. DEFINITIONS A. Amended Definitions 1. Advertisement The following is added to the definition of"advertisement": However, "advertisement"does not include: The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or An interactive conversation between or among persons through a computer network. 2. Coverage Territory Final paragraph in the definition of"coverage territory" is replaced by the following: Provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 3. Insured Contract (1) Paragraph a. in the definition of"insured contract" is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You Limit described in SECTION III- LIMITS OF INSURANCE. (2) The First paragraph of Paragraph f. in the definition of"insured contract" is replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily injury" or"property damage" to a third person or organization, provided the "bodily injury" or"property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 6 of 7 with its permission. IICGL50041017 4. Mobile Equipment Paragraph f. (1) in the definition or"mobile equipment" is replaced by the following: (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: 5. Personal and Advertising Injury Paragraph f. in the definition of"personal and advertising injury" is replaced by the following; f. Copying, in your"advertisement", a person's or organization's "advertising idea" or style of "advertisement". B. Added Definitions "Advertising idea" means any idea for an "advertisement". IIC GL 50 04 10 17 Includes copyright material of Insurance Services Office, Inc., Page 7 of 7 with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC OO O3 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone Iliiablle for an injury covered by this policy. We willll not enforce our right against the person or organization named in the Schedule. (This agreement applies onily to the extent that you perform work under a written contract that reqluires you to obtain this agreement from ius.) This agreement shaJlll not operate directly or indirectly to, beniefiit anyone not named in the Schedule. Schedule Any person or organiczation as required by written contract This endorsement changes the pollicy to,whiich iit 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 7/22/2022 Policy No. TWC4122677 Endorsement No. 2 Insured Tower Pest Contr6l, Inc. Premium $ 7,045 Insurance Company Technology Insurance Company, Inc. Counitersigned by WC 010 013 13 (Ed. 04-84)