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05/17/2023 Agreement Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: March 22, 2023 TO: Beth Bergh Monroe County Land Steward FROM: Pamela G. Hanc4*, .C. SUBJECT: May 17'h BOCC Meeting Attached is an electronic copy of the following item for your handling: F3 Contract with Guai-diaii Fence Co. for the installation ol't-%vo fences on Monroe County Consei-vation Lquids in Key L;u-go for $70,109.10 to be completed Within 90 days ofpcniut issuance. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 CONTRACT FOR PROFESSIONAL SERVICES FOR THE INSTALLATION OF FENCES ON TWO COUNTY CONSERVATION LANDS ON KEY LARGO THIS CONTRACT is made and entered into this 17th day of May 2023,by MONROE COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is the Marathon Government Center, 2798 Overseas Highway,Marathon, Florida, 33050, and GUARDIAN FENCE CO. ("CONTRACTOR"),whose address is 238 Second Road, Key Largo, Florida, 33037. Section 1. SCOPE OF WORK The CONTRACTOR shall do,perform, and carry out in a professional and proper manner certain duties as described in the Scope of Services—Exhibit A—which is attached hereto and made a part of this agreement. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The Monroe County Land Steward is designated as the "Project Manager"for this project and has the authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 The COUNTY shall furnish to the CONTRACTOR all existing plans, studies,reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the CONTRACTOR'S services. 2.3 The COUNTY shall arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required, and legally allowed,for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property,nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 The COUNTY shall perform such other functions as are indicated in Exhibit A. 2.5 The COUNTY shall provide a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TIME OF COMPLETION Work must be completed within 90 days of execution of the CONTRACT or issuance of County permits, whichever occurs later,unless an extension is agreed to in writing from the Project Manager. Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $70,408.10. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services. Once fences are installed, if final measurements exceed the total linear footage described in the scope of work (490 + 1900 =2,390 linear ft), then the Contractor may request additional payment based on costs established in this Contract. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory with supporting documentation acceptable to the County Clerk(Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the COUNTY Project Manager,who will review the request. The Project Manager shall note his/her approval on the request and forward it to the Clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. Section 6. CONTRACT TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(30) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided.In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed $70,408.10. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement,including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed$70,408.10 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of$1,000,000 or more,if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices,requests and authorizations provided for herein shall be in a signed document and shall be hand delivered,or mailed,certified/registered/return receipt requested,or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Beth Bergh, Land Steward Monroe County Planning & Environmental Resources 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the Monroe County Land Authority: Christine Hurley, Executive Director 1200 Truman Ave, Suite 207 Key West, Florida 33040 To the CONTRACTOR: Kevin Poos,President PO Box 378646 Key Largo, Florida 33037 or addressed to either party at such other addresses as such parry shall hereinafter furnish to the other parry in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or,if mailed,when deposited in the mails,registered,postage paid. Section 9. RECORDS AND RIGHT TO AUDIT CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the agreement and for five(5)years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this agreement,and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk.County or County Clerk may also conduct verifications such as,but not limited to,counting employees at the job site,witnessing the distribution of payroll,verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges,verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten(10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance No. 010-1990 as amended by Ordinance No. 020-1990. 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. Section 11. CONVICTED VENDOR By signing this agreement,CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. 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 with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under 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 of the Florida Statutes,for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW,VENUE,INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. Section 13. 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 CONTRACTOR 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. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR 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. This Agreement is not subject to arbitration. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. 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. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. 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. Section 18. 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 CONTRACTOR 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 CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION CONTRACTOR and COUNTY 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 parry, effective the date of the court order. CONTRACTOR and COUNTY 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 prohibits 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 ss. 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 s. 794), which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 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 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 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 s.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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability,national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. Section 20. REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 Section 21. COVENANT OF NO INTEREST COUNTY and CONTRACTOR 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. Section 22. CODE OF ETHICS The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, and the Monroe County Personnel Policies&Procedures Manual,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. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself,it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage,gift, or consideration. Section 24. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Public Records Compliance. Contractor 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 Contractor 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 Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor.Failure of the Contractor 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. The Contractor 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,the Contractor 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 law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor 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 the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor 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 the Contractor. A Contractor 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 sectionl19.10, Florida Statutes. The Contractor 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(u,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 121H Street, SUITE 408, KEY WEST, FL 33040. Section 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the COUNTY and the CONTRACTOR 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. Section 26. 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. Section 27. 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. Section 28. 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 the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or 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. Section 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to,a Public Entity Crime Statement,an Ethics Statement, and a Drug-Free Workplace Statement,Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. Section 30. 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 Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 32. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not apart of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 33. INSURANCE POLICIES 33.1 General Insurance Requirements for Contractors and Subcontractors As a pre-requisite of the work governed,or the goods supplied under this contract(including the pre-staging of personnel and material),the CONTRACTOR shall obtain,at his/her own expense,insurance as specified in any attached schedules,which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre- staging of personnel and material)until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance; or • A Certified copy of the actual insurance policy. The County, at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation,non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority, and their employees and officials,will be included as "Additional Insured" on all policies, except for Workers' Compensation. 33.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles,the CONTRACTOR,prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned,Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $50,000 per Person $100,000 per Occurrence $25,000 Property Damage The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self- insurer,the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 34. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims,actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees,agents, contractors in any tier or other invitees during the term of this Agreement,(B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees,or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,agents,contractors or invitees(other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others)is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Section 35. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent,professional judgment and comply with all federal, state, and local statutes, ordinances,rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work,plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 36.DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. Section 37. TERMINATION OF CONTRACT This Contract will terminate upon closure of the permit,but no later than December 31, 2023. Section 38. UNCONTROLIABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, out such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not),terrorist threats or acts,riot,or other civil unrest in the geographic area of the Project;(d)government order or law in the geographic area of the Prcject;(e)actions,embargoes,or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform,changes in cost or availability of materials,components,or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement.The County will not pay additional cost as a result of an Uncontrollable Circumstance. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the. 17th day of_May 2023. is, 23 BOARD OF COUNTY COhSGSSIONERS �A MADOY,CLERK 0 E CO FLORIIDA By By As Deputy Clerk crdig Cates,Mayor MONROE COUNTY ATTORNEY CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY 2: DATE rn (CORPORATE SEAL) -n GUARDIAN FENC rCD A771EST: By By CD t Cn 00 'Ll, Scanned with CamScanner EXHIBIT A SCOPE OF SERVICES INSTALLATION OF FENCES ON TWO COUNTY CONSERVATION LANDS ON KEY LARGO The project is the installation of perimeter chain link fence on two County conservation properties. Site A is RE 9 00089100-000200 located at MM 94, Bayside. Site B is RE 9 00088270-0000000 located at MM 96, Bayside. Please see Exhibit A for more information and location maps. The fence must meet the following specifications: • All fence material (including poles and fabric) must be 6 ft tall vinyl coated galvanized chain link; • Color must be dark green or black (uniformly one color), wire must be 6 or 9 gauge; • Pipe must be Schedule 40; • Must include a top rail; • Minimum post/rail sizes: End posts 2 '/2"diameter; line posts 2" diameter; top rail 1 5/8" diameter; • Post spacing is 10 ft on center maximum; • Posts must be set into the ground with concrete foundation with minimum dimensions of 8"diameter and 24" depth. Posts must be embedded to within 6" from the bottom of the foundation; • Must include tension bands: use one less than the height of the fence in feet, evenly spaced; • Must include fabric ties that are at minimum the same gauge as the fabric; • Fabric tie spacing on the top rail must be 5 ties between posts, evenly spaced; • Fabric tie spacing on the line posts must be 5 ties, evenly spaced; • Must include a bottom tension wire; • Installation must include two gates (walk thru width) of same fencing specifications installed along the fence line adjacent to US Hwy 1. One gate installed at each site; • The fence may meander slightly to avoid removal of large trees; • Site A —perimeter fence total length is approximately 1,786 linear ft., however, allow for 1900 linear feet to meander around trees; • Site B —fence total length is approximately 440 linear ft, however, allow for 490 linear feet in order to meander around trees; • Once fences are installed, if final measurements exceed the total linear footage described above (490 + 1900 =2,390 linear ft), then the Contractor may request additional payment based on costs established in the Contract; and • Any vegetative debris created by the project shall be removed from the site by the contractor and placed by the roadside for County pickup. Contractor is not responsible for disposal costs. Additional general project requirements include: • These are conservation properties, therefore, clearing should be limited to the minimal amount necessary to install the fence. • All construction debris must be removed and properly disposed of by the CONTRACTOR. • CONTRACTOR responsible for obtaining all necessary permits including payment of any permit fees. • CONTRACTOR must be insured and licensed to do work in Monroe County. • Work must be completed within 90 days of execution of the CONTRACT or issuance of County permits (whichever occurs later). Location Maps Site A: MM 94, Bayside, south of Sunset Gardens Drive Fence to be installed along perimeter indicated by blue line in photos below; approximately 1,786 linear feet. Gate to be installed along eastern line (adjacent to US Hwy 1). Property line location will be marked in the field(at approximately 50 ft intervals) by surveyor (surveyor hired by County)prior to fence installation. u. i cx w r r t�. 838.5 LF 75 LIF i�' 973 LP �i a, 772 LF SITE B: MM 96, Bayside Fence to be installed along property line adjacent to US HWY 1, as indicated by blue line in photo below; approximately 440 linear feet and must include a gate. w rt, l r- n �c SECTION THREE BID DOCUMENTS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASING DEPARTMENT GATO BUILDING ROOM 2-213 1100 SIMONTON STREET KEY WEST,FLORIDA, 33040 BID FROM: ' 30 The undersigned, having carefully examined the work, specifications, bid documents, and addenda thereto and other Contract Documents for the services of- FENCE INSTALLATION ON TWO COUNTY CONSERVATION LANDS ON KEY LARGO,IMONROE COUNTY,FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to install fencing at two County Conservation Lands on Key Largo,and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with specifications,and other contract documents including addenda issued thereto. Bid Price,including all labor,materials,&County permit fees: cb BID PRICE for Site A: $ 5- .el;l. ~ BID PRICE for Site B: $ / , TOTAL BID PRICE(all inclusive):Sd '. .r a- There are no additional costs for travel,mileage,meals,or lodging. I acknowledge receipt of Addenda No.(s) I have included the Bid which includes 1. Bid Form V, 2. Non-Collusion.Affidavit ✓ 3. Lobbying and Conflict of Interest Clause Form 4. Drug Free Workplace form 5. Public Entity Crime Statement 6. Vendor Certification Regarding Scrutinized Companies ✓° In addition,I have included 7. Current copy of Contractor's License 8. Copy of Monroe County Business Tax Receipt - 28 9. Insurance Agents Statement 10. Bidder's\Respondent's Insurance&Indemnification Statement ✓ 11. All requirements as stated in the Instruction to Bidders,Paragraph 4. (Check mark items above.as a reminder that they are included.) Mailing Address: -PPO Box 3784 SSG Telephone: (Yof) 345-Z,M e /_cc,� EL 3?a 2 4 Fax: Date: Signed: Witness: ',s � (Seal) Print Name 1����..� fd�c ------ Title 29 NON-COLLUSION AFFIDAVIT I, Z- VIJ Ztt of the city o according to law on my oath,and under penalty of perjury,*se'and say that: 1. I ain of the firm of the bidder making the Proposal for the project described in the Notice for Calling for bids for: A �c 6.6 1'..' d aMr and that I executed the said proposal with M authority to do so: I 2. the prices in this bid have been arrived at independently without collusion,consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed 'by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor;and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; S. the statements contained in this affidavit are true and correct,and made with full knowleogg-that-Mmmoe County relies upon the truth of the statements contained in this affida4 tin awa�Iin con is for said protect. (Signature- er) (Date) STATE OF n 00d C( )SS: COUNTY`OF MQUk ) Subscribed and sworn to(or affirmed)before me,by means of M physical presence or 0 online notarization,on AD n i LP as 5 1 (date)by Q i n MMS (name of afflarit). He/She is personally known to me or has produced 011ue havis-e (type of identification) as identification. WITNESS my hand and official seat in the County and State last aforesaid this day of AP 20PffGWL6yV___1 NOTARY PUBLIC,STATE OF My Commission Expires: Commission No. I e*% CANDICE BROWN M�x COMMISSION 30 MY COMMISSION N RIUMS E E P July XPIRM'S;July 3M1,2026 S,canned with CamiScanner LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NQ 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Zraxl I ej 1/10�0 warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,gift,or consideration paid to the former or employee. -<rs1gnature) 7-� Date: 4 1 STATE OFFIDinda COUNTY OF Subscribed and sworn to(or affirmed)before me,by means of IB physical presence or 0 online notarization, on,mrl LD olo-a b (date) by a6 n Pm (name of affiant). He/She is personally known to me or has produced vP-(Lan �-e (type of identification) as identification. WITNESS my hand and official seal in the County and State last aforesaid this _U_day of�D V) 2023. OWL NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. CANDICE BROWN OMB MCP 170RM#4 mF Yc MY COMMISSION#HIU70023 - FAIPIRES;July 31,2026 31 S,canned with CamiScanner 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's 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, I certify that rm complies fully with the above requirements. 7 Bid aqrZn.atu,re V ID4(e 0MIJ-MCM 32 S,canned with CamiScanner 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, Florida Statutes,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 (Proposer's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signatih��, Date:. STATE OF]Ej0yjC4a-- SS: COUNTY OF !M DO(Ve ) Subscribed and sworn to(or affirmed)before me,by means of 2 physical presence or 0 online notarization, on A-0 111 W W'a 5.-(date)by V1() P60,9 (parne of afflaint). He!She is personally known to me or has produced (type of identification) as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of "yj 2023. NOTARY PUBLIC, STATE OF My Commission Expires: Commission No. CANDICE BROWN �j MY ClOWSSION#HH2?M8 F-XPIRES:Ady 31,2026 33 S,canned with CamiScanner VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): "L ►-A&4(, „C.J o,J �&a c"4�.-r Co ,�.+ s �► k�y/ 6� rtt�+�ir Gaarw/ , R�. Respondent Vendor Name: c�c�/ ..tzc VendorFEIN: 9- 011Z$p9 ,r Vendor's Authorized Representative Name and Title: /Z_GU J f,oj 1,�— Address: ,,2 3 Y 3 City: State: q:�t- Zip: 3 36 3 - Phone Number: 6o 3 atrw<. Email Address: Ale uoj c� Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name' is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or S ria. Certified By: Alcvf-�-L20-0; who is authorized to sign on behalf of a erenced company. Authorized Signature: Print Name: 400 ..s Title: ,,i Note:The List are available at the following Department of Management Services Site: ht :J/www. .m rida.com/business operations/state urchasin vendor information/con v, in v r li 34 Bidder's/Respondent's Insurance and Indemnification Statement Insurance Reguirement Required Limits Worker's Compensation Statutory Limits Employer's Liability $100,000500,000/$100,000 General Liability $300,000 Combined Single Limit or $100,000/$300,00050,000 Vehicle Liability $100,000 Combined Single Limit or $50,000100,000/S25PO MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. INDEMNIFICATION AND HQLD HARMLESS FOR CONTRACTOR Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,penalty or business interruption, and(iii)any costs or expenses that may be asserted against,initiated with respect to,or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTORs default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses use from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees(other than CONTRACTOR). Insofar as the claims,actions,causes of action, litigation,proceedings,costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. In the event that the service is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Contract. BIDDER'S/RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contma and will comply in full with all the requirern ts. V,0 11 J 70 Bidder/Respondent attire 35 S,canned with CamiScanner p I bavt mwtitwed dw above reiuhments with the mpondtt named below. The Vlowing doducdbics any to the com3pooding policy. -tom V l I;fm aty o5cics ast Ckcinre=lnsmznoc 1lsade � Agency-- U PrintN=44 .4g 3 Scanned with CamScanner CONTRACTOR ID I LICENSE# CERTIFICATE OF COMPETENCY NUMBER: CERTIFICATE TYPE: 15079 1 APIBOI0003 SP4352 I FENCE ERECTOR CONTRACTOR MONROE COUNTY GROWTH MANAGEMENT-BUILDING DEPARTMENT MIMe Key&Watn Woe:2798 Overseas tAgtnvey,Marathon,FL(305)289-2501 Loxver Keys Ofrlce:5503 Coflege Road,Key Week FL(305)295-3990 Upper Keys office. 102050 Oversees t#gh way,Key Largo,FL(305)453-8800 11501 CR 904 Key Largo,FL(305)453-8T65 CERTIFICATE OF COMPETENCY Extended Per Monroe County Ordinance 023-2021 I IMPORTANT.CONTRACTOR CERTIFICATE OF COMPETENCY ENCLOSED I POOS,KEVIN LEE 238 2ND ROAD KEY LARGO FL,33037 Dear Certificate of Competency Holder: Please find below your extended Monroe County Certificate of Competency poi m County Ordinance 023- 2021. Chapter 2021-214, Laws of Florida became effective onJuly 1, el to preemption of local occupational licensing (HB 735). The BOCC amended Monroe County el A 6-240. The amended Code section will provide that in order to provide a reasonable transition perk ��r�- �slicense holders affected by the enactment Of chapter 2021-214, Laws of Florida,specialty contractornji "h were active as of June 30,2021 shall continue to be valid,and will not expire,until June 30,2023.l du t, lease note: • You have agreed to abide by the requirements found in n I County Code 6-234 • It is the certificate holder's responsibility to notify this twig of any legal name and/or address changes by completing,the Name and/or Address Fp (Obtained from our website at www.monraec:ou nty-fl.gov). • Journeyman and Masters are NOT contractor - and re,are prohibited from contracting,and shall only perform work in their trade while under ision and direction of a licensed contractor of same category. • Contracting shall only be done under rl usiness name. This license does NOT belong to the Company and may NOT be renev(, sed (another individual or company other than the license holder named herein for any co, i itposes • If you are inactive,you may NO Ov. to do work or pull a permit,and you do not need to have current insurances On file. Thank you,. ���,,, [[[yyy -� WI- m11., — IYIYY NnAI/ A�IMr 1�111� alAlu' e11A! w.l� i— MGM YYlfl/ — — Al1AAN IXM�.I IAA�Is — — — — �i — — — — — — �f1 'M�AAA 41AIs1 — — — — — — �7 MQNROE COUNTY GROWTH MANAGEMENT BUILDING DEPARTMENT CERTIFICATE OF COMPETENCY Extended Per Monroe County Ordinance 023-2021«< This is to „f i e contractor Cod.Section a-UO: MC Ordinance 023-2021 listed [sX9 111 #ending. Thl 1, according to law of Extended to: 06/30123 c,drn�ti "'°1s valid and In force Qualifier: POOSy KEVIN LEE unless"r waked until the noted Company name: GUARDIAN FENCE CO expiration date below. License type: FENCE ERECTOR CONTRACTOR (SPS ) County license: SP4352 BUILDING OFFICIAL RECEIPT#: NIA ContJD: 15079 AMOUNT PAID NIA o:\erx-lv911MAR\PERMrT%CDCRE EWEaExr.doc—Printed,Friday,March 04,2022 CSnl"`tCti with CSITIiSCSI"Ill'1er 2022 / 2023 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30r 2023 RECEIPT# 30140-116487 Business Name: GUARDIAN FENCE CO, Owner Name: KEV MO CTYIN LEE&USA POPS Business Location: KEY LARGO,FL 33037 Mailing Address: PO BOX 378646 Business Phone: 305-852-8449 KEY LARGO, FL 33037 Business Type: CONTRACTOR(FENCE ERECTOR) Employees 4 COMP CARD:SP4352 Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years Collection Cost ITotal Paid 20.001 0.00� 20.00 0.00 0.00 Paid 000-21-00043837 08/31 /2022 20.00 THIS BECOMES A TAX RECEIPT Sam C.Steele,CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2023 Business Name: GUARDIAN FENCE CO RECEIPT# 30140-116487 MO CTY Business Location: KEY LARGO,FL 33037 Owner Name: KEVIN LEE&USA POOS Mailing Address: Business Phone: 305-852-8449 PO BOX 378646 Business Type: CONTRACTOR(FENCE ERECTOR) KEY LARGO, FL 33037 Employees 4 COMP CARD: SP4352 Tax Amount I Transfer Fee I'Sub-Total, 11 Penalty Prior Years Collection Cost ITotal Paid 20.001 0.001 20.001 0.001 0.00 0.00 120.00 Paid 000-21-00043837 08/31 /2022 20.00 S,canned with CamiScanner DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 05/01/2023 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 MIG13, LLC dba The Morgan Insurance Group PHONE Dana Doyle FAX 102481 Overseas Highway E-MA ILo Ext: (305)451�788 A/c,No): (305)451-1539 Key Largo, FL 33037 ADDRESS: dana@tmigfla.com License #: L104251 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Old Dominion Insurance Co 40231 INSURED INSURER B Guardian Fence DBA Ronnies Fencing & Fence INSURER C: 238 2nd Rd INSURER D: Key Largo, FL 33037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00006979-618207 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY Y MPT7243V 02/06/2023 02/06/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE DAMAGE TO RENTED �( OCCUR PREMISES Ea occurrence $ 500 000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �( POLICY D PRO- JECT CI LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT � DATE 5/19/20 23 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Comprehensive Plan Land Authority THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1200 Truman Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Suite 207 Key West, FL 33040 AUTHORIZED REPRESENTATIVE DXD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by DXD on 05/01/2023 at 01:49PM DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE O5/01/2023 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 Hanson NAME: Brown&Brown of Florida,Inc. a/cNr o Ext: (954)820-7937 a/c,No): (954)776-4446 1201 W Cypress Creek Rd E-MAIL Amanda.Hanson@bbrown.com ADDRESS: Suite 130 INSURER(S)AFFORDING COVERAGE NAIC# Fort Lauderdale, FL 33309 INSURERA: Progressive Express Insurance Company 10193 INSURED INSURER B: Bridgefield Employers Insurance Company 10701 Guardian Fence,Co. INSURER C: 238 2nd Road INSURER D: INSURER E: Key Largo, FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED r SCHEDULED Y 966040249 02/08/2023 02/08/2024 BODILY INJURY(Peraccident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? ❑ N/A 83055262 02/26/2023 02/26/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 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) Monroe County Comprehensive Plan Land Authority is an additional insured with respect to Automobile Liability if required by written contract. APPROVED BY RISK MANAGEMENT DATE 5/19/2023 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Comprehensive Plan Land Authority ACCORDANCE WITH THE POLICY PROVISIONS. 1200 Truman Avenue,Suite 207 AUTHORIZED REPRESENTATIVE Key West, FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CA 00 01 11 20 . BUSINESS AUTO COVERAGE FORM Various provisions in this Policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this Policy, the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those"autos"you acquire ownership of after the Policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger"autos"you acquire ownership of after the Policy begins. "Autos"Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the Policy begins. "Autos"Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the Policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 1 of 13 INSURED COPY a ' 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this Policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos b. Repair; 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered c. Servicing; next to a coverage in Item Two of the d. "Loss"; or Declarations, then you have coverage for "autos" that you acquire after the policy period e. Destruction. begins of the type described for the remainder SECTION II—COVERED AUTOS LIABILITY of the policy period. COVERAGE 2. But, if Symbol 7 is entered next to a coverage A. Coverage in Item Two of the Declarations, an "auto" you We will pay all sums an "insured" legally must pay acquire after the policy period begins will be a as damages because of"bodily injury"or"property covered "auto"for that coverage only if: damage" to which this insurance applies, caused a. We already cover all "autos" that you own by an "accident" and resulting from the ownership, for that coverage or it replaces an auto maintenance or use of a covered "auto". you previously owned that had that We will also pay all sums an "insured" legally must coverage; and pay as a "covered pollution cost or expense" to b. You tell us within 30 days after you acquire which this insurance applies, caused by an it that you want us to cover it for that "accident" and resulting from, the ownership, coverage. maintenance or use of covered "autos". However, 3. An "auto" that is leased or rented to you we will only pay for the "covered pollution cost or without a driver, under a written agreement for expense" if there is either "bodily injury" or a continuous period of at least six months that "property damage" to which this insurance applies requires you to provide primary insurance that is caused by the same"accident". covering such "auto", will be considered a We have the right and duty to defend any covered "auto"you own. "insured"against a "suit" asking for such damages C. Certain Trailers, Mobile Equipment And or a "covered pollution cost or expense". However, Temporary Substitute Autos we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or this Coverage Form, the following types of expense" to which this insurance does not apply. vehicles are also covered "autos" for Covered We may investigate and settle any claim or "suit" Autos Liability Coverage: as we consider appropriate. Our duty to defend or 1. "Trailers" with a registered Gross Vehicle settle ends when the Covered Autos Liability Weight Rating of 3,000 pounds or less Coverage Limit of Insurance has been exhausted designed primarily for travel on public roads. by payment of judgments or settlements. 2. "Mobile equipment" while being carried or 1. Who Is An Insured towed by a covered "auto". The following are"insureds": 3. Any "auto" you do not own while used with the a. You for any covered"auto". permission of its owner as a temporary substitute for a covered "auto" you own that is b. Anyone else while using with your out of service because of its: permission a covered "auto" you own, hire a. Breakdown; or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". Page 2 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY This exception does not apply if the (6) All interest on the full amount of any covered "auto" is a "trailer" connected to judgment that accrues after entry of the a covered "auto"you own. judgment in any "suit" against the (2) Your "employee" if the covered "auto" is "insured"we defend, but our duty to pay owned by that "employee" or a member interest ends when we have paid, of his or her household. offered to pay or deposited in court the part of the judgment that is within our (3) Someone using a covered "auto" while Limit of Insurance. he or she is working in a business of selling, servicing, repairing, parking or These payments will not reduce the Limit of storing "autos" unless that business is Insurance. yours. b. Out-of-state Coverage Extensions (4) Anyone other than your "employees", While a covered "auto" is away from the partners (if you are a partnership), state where it is licensed, we will: members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while moving meet the limits specified by a property to or from a covered "auto". compulsory or financial responsibility (5) A partner (if you are a partnership) or a law of the jurisdiction where the covered . member (if you are a limited liability "auto" is being used. This extension company)for a covered "auto"owned by does not apply to the limit or limits him or her or a member of his or her specified by any law governing motor household. carriers of passengers or property. c. Anyone liable for the conduct of an (2) Provide the minimum amounts and "insured" described above but only to the types of other coverages, such as no- extent of that liability. fault, required of out-of-state vehicles by 2. Coverage Extensions the jurisdiction where the covered "auto" a. Supplementary Payments is being used. We will not pay anyone more than once for We will pay for the"insured": the same elements of loss because of (1) All expenses we incur. these extensions. (2) Up to $2,000 for cost of bail bonds B. Exclusions (including bonds for related traffic law This insurance does not apply to any of the violations) required because of an following: "accident" we cover. We do not have to furnish these bonds. 1. Expected Or Intended Injury (3) The cost of bonds to release "Bodily injury" or "property damage" expected attachments in any "suit" against the or intended from the standpoint of the "insured" we defend, but only for bond "insured". amounts within our Limit of Insurance. 2. Contractual (4) All reasonable expenses incurred by the Liability assumed under any contract or "insured" at our request, including actual agreement. loss of earnings up to $250 a day But this exclusion does not apply to liability for because of time off from work. damages: (5) All court costs taxed against the a. Assumed in a contract or agreement that is "insured" in any "suit" against the an "insured contract", provided the "bodily insured we defend. However, these injury" or "property damage" occurs payments do not include attorneys' fees subsequent to the execution of the contract or attorneys' expenses taxed against the or agreement; or "insured". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 3 of 13 INSURED COPY b. That the "insured". would have in the 7. Handling Of Property absence of the contract or agreement. "Bodily injury" or "property damage" resulting 3: -Workers'Compensation from the handling of property: Any obligation for which the "insured" or the a. Before it is moved from the place where it is "insured's" insurer may be held liable under accepted by the "insured" for movement any workers' compensation, disability benefits into or onto the covered "auto'; or or unemployment compensation law or any b. After it is moved from the covered "auto" to similar law. the place where it is finally delivered by the 4. Employee Indemnification And Employer's "insured". Liability 8. Movement Of Property By Mechanical "Bodily injury"to: Device a. An "employee" of the "insured" arising out "Bodily injury" or "property damage" resulting of and in the course of: from the movement of property by a (1) Employment by the"insured'; or mechanical device (other than a hand truck) unless the device is attached to the covered (2) Performing the duties related to the "auto". conduct of the"insured's" business; or 9. Operations b. The spouse, child, parent, brother or sister of that "employee" as a consequence of "Bodily injury" or"property damage" arising out Paragraph a. above. of the operation of: This exclusion applies: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile (1) Whether the "insured" may be liable as equipment"; or an employer or in any other capacity; and b. Machinery or equipment that is on, attached to or part of a land vehicle that would (2) To any obligation to share damages with qualify under the definition of "mobile or repay someone else who must pay equipment" if it were not subject to a damages because of the injury. compulsory or financial responsibility law or But this exclusion does not apply to "bodily other motor vehicle insurance law where it injury" to domestic "employees" not entitled to is licensed or principally garaged. workers' compensation benefits or to liability 10. Completed Operations assumed by the "insured" under an "insured contract". For the purposes of the Coverage "Bodily injury" or"property damage" arising out Form, a domestic "employee" is a person of your work after that work has been engaged in household or domestic work completed or abandoned. performed principally in connection with a In this exclusion, your work means: residence premises. a. Work or operations performed by you or on 5. Fellow Employee your behalf; and "Bodily injury"to: b. Materials, parts or equipment furnished in a. Any fellow "employee" of the "insured" connection with such work or operations. arising out of and in the course of the fellow Your work includes warranties or "employee's" employment or while representations made at any time with respect performing duties related to the conduct of to the fitness, quality, durability or performance your business; or of any of the items included in Paragraph a. or b. The spouse, child, parent, brother or sister b. above. of that fellow"employee" as a consequence Your work will be deemed completed at the of Paragraph a.above. earliest of the following times: 6. Care, Custody Or Control (1) When all of the work called for in your "Property damage"to or"covered pollution cost contract has been completed; or expense" involving property owned or (2) When all of the work to be done at the transported by the "insured" or in the site has been completed if your contract "insured's" care, custody or control. But this calls for work at more than one site; or exclusion does not apply to liability assumed under a sidetrack agreement. Page 4 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY (3) When that part of the work done at a job Paragraphs b. and c. above of this exclusion site has been put to its intended use by do not apply to "accidents" that occur away any person or organization other than from premises owned by or rented to an another contractor or subcontractor "insured" with respect to "pollutants" not in or working on the same project. upon a covered "auto" if: Work that may need service, maintenance, (a) The "pollutants" or any property in correction, repair or replacement, but which is which the "pollutants" are contained otherwise complete, will be treated as are upset, overturned or damaged as completed. a result of the maintenance or use of 11. Pollution a covered "auto"; and "Bodily injury" or"property damage" arising out (b) The discharge, dispersal, seepage, of the actual, alleged or threatened discharge, migration, release or escape of the "pollutants" is caused directly by dispersal, seepage, migration, release or escape of"pollutants": such upset, overturn or damage. a. That are, or that are contained in any 12. War property that is: "Bodily injury" or "property damage" arising (1) Being transported or towed by, handled directly or indirectly out of: or handled for movement into, onto or a. War, including undeclared or civil war; from the covered"auto"; b. Warlike action by a military force, including (2) Otherwise in the course of transit by or action in hindering or defending against an on behalf of the"insured"; or actual or expected attack, by any (3) Being stored, disposed of, treated or government, sovereign or other authority processed in or upon the covered using military personnel or other agents; or "auto'; c. Insurrection, rebellion, revolution, usurped b. Before the "pollutants" or any property in power or action taken by governmental which the "pollutants" are contained are authority in hindering or defending against moved from the place where they are any of these. accepted by the "insured" for movement 13. Racing into or onto the covered "auto"; or Covered "autos"while used in any professional c. After the "pollutants" or any property in or organized racing or demolition contest or which the "pollutants" are contained are stunting activity, or while practicing for such moved from the covered "auto" to the place contest or activity. This insurance also does where they are finally delivered, disposed of not apply while that covered "auto" is being or abandoned by the"insured". prepared for such a contest or activity. Paragraph a. above does not apply to fuels, 14. Unmanned Aircraft lubricants, fluids, exhaust gases or other "Bodily injury" or"property damage" arising out similar"pollutants" that are needed for or result of the ownership, maintenance or use of from the normal electrical, hydraulic or "unmanned aircraft". mechanical functioning of the covered "auto" or its parts if: C. Limit Of Insurance (1) The "pollutants" escape, seep, migrate Regardless of the .number of covered "autos", or are discharged, dispersed or released "insureds", premiums paid, claims made or directly from an "auto" part designed by vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered or dispose of such "pollutants"; and pollution cost or expense"combined resulting from 2 Th covered pollution cost or expensey e"bodily u " damage" any one "accident" is the Limit Of Insurance for ( ) y injury"� pro Covered Autos Liability Coverage shown in the gor Declarations. does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 5 of 13 INSURED COPY All "bodily injury", "property damage"and "covered 3. Glass Breakage—Hitting A Bird Or Animal— pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one"accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss"caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III—PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage. 1. We will pay for"loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $30 per day, to a From any cause except: maximum of $900, for temporary transportation expense incurred by you (1) The covered autos„ collision with because of the total theft of a covered another object; or "auto" of the private passenger type. We (2) The covered "auto's"overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Caused by: Specified Causes Of Loss Coverage. We will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 48 hours after the theft and ending, regardless of the Policy's (3) Windstorm, hail or earthquake; expiration, when the covered "auto" is (4) Flood; returned to use or we pay for its"loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "auto's"overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing And Labor for any covered "auto'; We will pay up to the limit shown in the (2) Specified Causes of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" that is a Causes Of Loss Coverage is provided private passenger type, light truck or medium for any covered "auto"; or truck is disabled. However, the labor must be performed at the place of disablement. Page 6 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY (3) Collision only -if the Declarations 4. We will not pay for "loss" to any of the indicates that Collision Coverage is following: provided for any covered"auto". a. Tapes, records, discs or other similar audio, However, the most we will pay for any visual or data electronic devices designed expenses for loss of use is $30 per day, to for use with audio, visual or data electronic a maximum of$900. equipment. B. Exclusions b. Any device designed or used to detect 1. We will not pay for"loss"caused by or resulting speed-measuring equipment, such as radar from any of the following. Such "loss" is or laser detectors, and any jamming excluded regardless of any other cause or apparatus intended to elude or disrupt event that contributes concurrently or in any speed-measuring equipment. sequence to the"loss". c. Any electronic equipment, without regard to a. Nuclear Hazard whether this equipment is permanently installed, that reproduces, receives or (1) The explosion of any weapon employing transmits audio, visual or data signals. atomic fission or fusion; or d. Any accessories used with the electronic (2) Nuclear reaction or radiation, or equipment described in Paragraph c. radioactive contamination, however above. caused. 5. Exclusions 4.c. and 4.d. do not apply to b. War Or Military Action equipment designed to be operated solely by (1) War, including undeclared or civil war; use of the power from the "auto's" electrical (2) Warlike action by a military force, system that, at the time of"loss", is: including action in hindering or a. Permanently installed in or upon the defending against an actual or expected covered "auto"; attack, by any government, sovereign or b. Removable from a housing unit which is other authority using military personnel permanently installed in or upon the or other agents; or covered "auto"; (3) Insurrection, rebellion, revolution, c. An integral part of the same unit housing usurped power or action taken by any electronic equipment described in governmental authority in hindering or Paragraphs a. and b. above; or defending against any of these. 2. We will not a for"loss" to an covered "auto" d. Necessary for the normal operation of the pay Y covered auto or the monitoring of the while used in any professional or organized covered "auto's"operating system. racing or demolition contest or stunting activity, „ or while practicing for such contest or activity. 6. We will not pay for loss to a covered auto We will also not pay for "loss" to any covered due to"diminution in value". "auto" while that covered "auto" is being C. Limits Of Insurance prepared for such a contest or activity. 1. The most we will pay for: 3. We will not pay for"loss"due and confined to: a. "Loss" to any one covered "auto" is the a. Wear and tear, freezing, mechanical or lesser of: electrical breakdown. (1) The actual cash value of the damaged b. Blowouts, punctures or other road damage or stolen property as of the time of the to tires. "loss'; or This exclusion does not apply to such "loss" (2) The cost of repairing or replacing the resulting from the total theft of a covered damaged or stolen property with other "auto". property of like kind and quality. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 7 of,13 INSURED COPY b. All electronic equipment that reproduces, SECTION IV—BUSINESS AUTO CONDITIONS receives or transmits audio, visual or data The following conditions apply in addition to the signals in any one"loss" is $1,000, if, at the Common Policy Conditions: time of"loss", such electronic equipment is: A. Loss Conditions (1) Permanently installed in or upon the covered "auto" in a housing, opening or 1. Appraisal For Physical Damage Loss other location that is not normally used If you and we disagree on the amount of"loss", by the "auto" manufacturer for the either may demand an appraisal of the "loss". installation of such equipment; In this event, each party will select a competent (2) Removable from a permanently installed appraiser. The two appraisers will select a housing unit as described in Paragraph competent and impartial umpire. The b.(1)above; or appraisers will state separately the actual cash (3) An integral part of such equipment as value and amount of"loss". If they fail to agree, described in Paragraphs b.(1) and b.(2) they will submit their differences to the umpire. above. A decision agreed to by any two will be binding. Each party will: 2. An adjustment for depreciation and physical a. Pay its chosen appraiser; and condition will be made in determining actual cash value in the event of a total"loss". b. Bear the other expenses of the appraisal 3. If a repair or replacement results in better than and umpire equally. like kind or quality, we will not pay for the If we submit to an appraisal, we will still retain amount of the betterment. our right to deny the claim. D. Deductible 2. Duties In The Event Of Accident, Claim, Suit For each covered "auto", our obligation to pay for, Or Loss repair, return or replace damaged or stolen We have no duty to provide coverage under property will be reduced by the applicable this Policy unless there has been full deductible shown in the Declarations prior to the compliance with the following duties: application of the Limit Of Insurance, provided a. In the event of "accident", claim, "suit" or that: "loss", you must give us or our authorized 1. The Comprehensive or Specified Causes Of representative prompt notice of the Loss Coverage deductible applies only to"loss" "accident" or"loss". Include: caused by: (1) How, when and where the "accident" or a. Theft or mischief or vandalism; or "loss"occurred; b. All perils. (2) The"insured's"name and address; and 2. Regardless of the number of covered "autos" (3) To the extent possible, the names and damaged or stolen, the maximum deductible addresses of any injured persons and applicable for all "loss" in any one event witnesses. caused by: b. Additionally, you and any other involved a. Theft or mischief or vandalism; or "insured" must: b. All perils, (1) Assume no obligation, make no will be equal to five times the highest payment or incur no expense without deductible applicable to any one covered our consent, except at the "insured's" "auto" on the Policy for Comprehensive or own cost. Specified Causes Of Loss Coverage. The (2) Immediately send us copies of any application of the highest deductible used to request, demand, order, notice, calculate the maximum deductible will be made summons or legal paper received regardless of which covered "autos" were concerning the claim or"suit". damaged or stolen in the"loss". Page 8 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 1120 INSURED COPY (3) Cooperate with us in the investigation or 5. Transfer Of Rights Of Recovery Against settlement of the claim or defense Others To Us against the"suit". If any person or organization to or for whom we (4) Authorize us to obtain medical records make payment under this Coverage Form has or other pertinent information. rights to recover damages from another, those (5) Submit to examination, at our expense, rights are transferred to us. That person or by physicians of our choice, as often as organization must do everything necessary to we reasonably require. secure our rights and must do nothing after "accident"or"loss"to impair them. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: B. General Conditions (1) Promptly notify the police if the covered 1. Bankruptcy "auto"or any of its equipment is stolen. Bankruptcy or insolvency of the"insured"or the (2) Take all reasonable steps to protect the "insured's" estate will not relieve us of any covered "auto" from further damage. obligations under this Coverage Form. Also keep a record of your expenses for 2. Concealment, Misrepresentation Or Fraud consideration in the settlement of the This Coverage Form is void in any case of claim. fraud by you at any time as it relates to this (3) Permit us to inspect the covered "auto" Coverage Form. It is also void if you or any and records proving the "loss" before its other "insured", at any time, intentionally repair or disposition. conceals or misrepresents a material fact (4) Agree to examinations under oath at our concerning: request and give us a signed statement a. This Coverage Form; of your answers. b. The covered "auto"; 3. Legal Action Against Us c. Your interest in the covered "auto'; or No one may bring a legal action against us d. A claim under this Coverage Form. under this Coverage Form until: 3. Liberalization a. There has been full compliance with all the terms of this Coverage Form; and If we revise this Coverage Form to provide b. Under Covered Autos Liability Coverage, more coverage without additional premium we agree in writing that the"insured" has an charge, your policy will automatically provide obligation to pay or until the amount of that the additional coverage as of the day the obligation has finally been determined by revision is effective in your state. judgment after trial. No one has the right 4. No Benefit To Bailee—Physical Damage under this Policy to bring us into an action Coverages to determine the"insured's" liability. We will not recognize any assignment or grant 4. Loss Payment—Physical Damage any coverage for the benefit of any person or Coverages organization holding, storing or transporting property for a fee regardless of any other At our option, we may: provision of this Coverage Form. a. Pay for, repair or replace damaged or 5. Other Insurance stolen property; b. Return the stolen property, at our expense. a. For any covered "auto" you own, this We will pay for any damage that results to Coverage Form provides primary the"auto"from the theft; or insurance. For any covered "auto"you don't own, the insurance provided by this c. Take all or any part of the damaged or Coverage Form is excess over any other stolen property at an agreed or appraised collectible insurance. However, while a value. covered "auto" which is a "trailer" is If we pay for the "loss", our payment will connected to another vehicle, the Covered include the applicable sales tax for the Autos Liability Coverage this Coverage damaged or stolen property. Form provides for the"trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 9 of 13 INSURED COPY (2) Primary while it is connected to a (5) Anywhere else in the world if a covered covered "auto"you own. "auto" of the private passenger type is b. For Hired Auto Physical Damage Coverage, leased, hired, rented or borrowed any covered "auto" you lease, hire, rent or without a driver for a period of 30 days borrow is deemed to be a covered "auto" or less, you own. However, any "auto" that is provided that the "insured's" responsibility to leased, hired, rented or borrowed with a pay damages is determined in a "suit" on the driver is not a covered "auto". merits, in the United States of America, the c. Regardless of the provisions of Paragraph territories and possessions of the United States a. above, this Coverage Form's Covered of America, Puerto Rico or Canada, or in a Autos Liability Coverage is primary for any settlement we agree to. liability assumed under an "insured We also cover "loss" to, or "accidents" contract". involving, a covered "auto" while being d. When this Coverage Form and any other transported between any of these places. Coverage Form or policy covers on the 8. Two Or More Coverage Forms Or Policies same basis, either excess or primary, we Issued By Us will pay only our share. Our share is the If this Coverage Form and any other Coverage proportion that the Limit of Insurance of our Form or policy issued to you by us or any Coverage Form bears to the total of the company affiliated with us applies to the same limits of all the Coverage Forms and "accident", the aggregate maximum Limit of policies covering on the same basis. Insurance under all the Coverage Forms or 6. Premium Audit policies shall not exceed the highest applicable a. The estimated premium for this Coverage Limit of Insurance under any one Coverage Form is based on the exposures you told us Form or policy. This condition does not apply to you would have when this Policy began. any Coverage Form or policy issued by us or We will compute the final premium due an affiliated company specifically to apply as when we determine your actual exposures. excess insurance over this Coverage Form. The estimated total premium will be SECTION V—DEFINITIONS credited against the final premium due and A. "Accident' includes continuous or repeated the first Named Insured will be billed for the exposure to the same conditions resulting in balance, if any. The due date for the final "bodily injury"or"property damage". premium or retrospective premium is the date shown as the due date on the bill. If B. "Auto" means: the estimated total premium exceeds the 1. A land motor vehicle, "trailer" or semitrailer final premium due, the first Named Insured designed for travel on public roads; or will get a refund. 2. Any other land vehicle that is subject to a b. If this Policy is issued for more than one compulsory or financial responsibility law or year, the premium for this Coverage Form other motor vehicle insurance law where it is will be computed annually based on our licensed or principally garaged. rates or premiums in effect at the beginning However, "auto" does not include "mobile of each year of the Policy. equipment". 7. Policy Period, Coverage Territory C. "Bodily injury" means bodily injury, sickness or Under this Coverage Form, we cover disease sustained by a person, including death "accidents"and "losses"occurring: resulting from any of these. a. During the policy period shown in the D. "Covered pollution cost or expense" means any Declarations; and cost or expense arising out of: b. Within the coverage territory. 1. Any request, demand, order or statutory or The coverage territory is: regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (1) The United States of America; contain, treat, detoxify or neutralize, or in any (2) The territories and possessions of the way respond to, or assess the effects of, United States of America; "pollutants"; or (3) Puerto Rico; (4) Canada; and Page 10 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY 2. Any claim or "suit" by or on behalf of a Paragraphs b. and c. above do not apply to governmental authority for damages because "accidents" that occur away from premises of testing for, monitoring, cleaning up, owned by or rented to an"insured"with respect removing, containing, treating, detoxifying or to "pollutants" not in or upon a covered "auto" neutralizing, or in any way responding to, or if: assessing the effects of, "pollutants". (a) The "pollutants" or any property in "Covered pollution cost or expense" does not which the "pollutants" are contained include any cost or expense arising out of the are upset, overturned or damaged as actual, alleged or threatened discharge, dispersal, a result of the maintenance or use of seepage, migration, release or escape of a covered"auto"; and "pollutants": (b) The discharge, dispersal, seepage, a. That are, or that are contained in any migration, release or escape of the property that is: "pollutants" is caused directly by (1) Being transported or towed by, handled such upset, overturn or damage. or handled for movement into, onto or E. "Diminution in value" means the actual or from the covered"auto"; perceived loss in market value or resale value (2) Otherwise in the course of transit by or which results from a direct and accidental "loss". on behalf of the"insured'; or F. "Employee" includes a "leased worker". (3) Being stored, disposed of, treated or "Employee" does not include a "temporary processed in or upon the covered worker". "auto'; G. "Insured" means any person or organization b. Before the "pollutants" or any property in qualifying as an insured in the Who Is An Insured which the "pollutants" are contained are provision to the Limit applicable l coverage. Except with moved from the place where they are age accepted by the "insured" for movement afforded applies separately to each insured who is into or onto the covered "auto"; or seeking coverage or against whom a claim or c. After the "pollutants" or any property in "suit" is brought. which the "pollutants" are contained are H. "Insured contract" means: moved from the covered "auto"to the place 1. A lease of premises; where they are finally delivered, disposed of 2. A sidetrack agreement; or abandoned by the"insured". 3. Any easement or license agreement, except in Paragraph a. above does not apply to fuels, l connection with construction or demolition lubricants, fluids, exhaust gases or other similar"pollutants" that are needed for or result operations on or within 50 feet of a railroad; from the normal electrical, hydraulic or 4. An obligation, as required by ordinance, to mechanical functioning of the covered "auto" or indemnify a municipality, except in connection its parts, if: with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an directly from an "auto" part designed by indemnification of a municipality in connection its manufacturer to hold, store, receive with work performed for a municipality) under or dispose of such"pollutants'; and which you assume the tort liability of another to pay for"bodily injury"or"property damage"to a (2) The"bodily injury", "property damage"or third party or organization. Tort liability means covered pollution cost or expense a liability that would be imposed by law in the does not arise out of the operation of any equipment listed in Paragraph 6.b. absence of any contract or agreement; or or 6.c. of the definition of "mobile equipment". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 11 of 13 INSURED COPY 6. That part of any contract or agreement entered 5. Vehicles not described in Paragraph 1., 2., 3. into, as part of your business, pertaining to the or 4. above that are not self-propelled and are rental or lease, by you or any of your maintained primarily to provide mobility to "employees", of any "auto". However, such permanently attached equipment of the contract or agreement shall not be considered following types: an "insured contract" to the extent that it a. Air compressors, pumps and generators, obligates you or any of your "employees" to includingspraying, welding, building pay for"property damage" to any "auto" rented or leased by you or any of your"employees". cleaning, geophysical exploration, lighting and well-servicing equipment; or An "insured contract" does not include that part of b. Cherry pickers and similar devices used to any contract or agreement: raise or lower workers; or a. That indemnifies a railroad for"bodily injury" 6. Vehicles not described in Paragraph 1., 2., 3. or property damage arising out of or 4. above maintained primarily for purposes construction or demolition operations, within other than the transportation of persons or 50 feet of any railroad property and cargo. However, self-propelled vehicles with affecting any railroad bridge or trestle, the following types of.permanently attached tracks, roadbeds, tunnel, underpass or equipment are not "mobile equipment" but will crossing; be considered "autos": b. That pertains to the loan, lease or rental of a. Equipment designed primarily for: an auto to you or any of your "employees", if the "auto" is loaned, leased (1) Snow removal; or rented with a driver; or (2) Road maintenance, but not construction c. That holds a person or organization or resurfacing; or engaged in the business of transporting (3) Street cleaning; property by "auto" for hire harmless for your b. Cherry pickers and similar devices mounted use of a covered auto over a route or on automobile or truck chassis and used to territory that person or organization is raise or lower workers; and authorized to serve by public authority. I. "Leased worker" means a person leased to you by c. Air compressors, pumps and generators, a labor leasing firm under an agreement between including spraying, welding, building cleaning, geophysical exploration, lighting you and the labor leasing firm to perform duties related to the conduct of your business. "Leased or well-servicing equipment. worker"does not include a"temporary worker". However, "mobile equipment" does not include J. "Loss" means direct and accidental loss or land vehicles that are subject to a compulsory or damage. financial responsibility law or other motor vehicle insurance law where it is licensed or principally K. "Mobile equipment" means any of the following garaged. Land vehicles subject to a compulsory or types of land vehicles, including any attached financial responsibility law or other motor vehicle machinery or equipment: insurance law are considered "autos". 1. Bulldozers, farm machinery, forklifts and other L. "Pollutants" means any solid, liquid, gaseous or vehicles designed for use principally off public thermal irritant or contaminant, including smoke, roads; vapor, soot, fumes, acids, alkalis, chemicals and 2. Vehicles maintained for use solely on or next to waste. Waste includes materials to be recycled, premises you own or rent; reconditioned or reclaimed. 3. Vehicles that travel on crawler treads; M. "Property damage" means damage to or loss of 4. Vehicles, whether self-propelled or not, use of tangible property. maintained primarily to provide mobility to N. "Suit" means a civil proceeding in which: permanently mounted: 1. Damages because of "bodily injury" or a. Power cranes, shovels, loaders, diggers or "property damage'; or drills; or 2. A"covered pollution cost or expense'; b. Road construction or resurfacing equipment to which this insurance applies, are alleged. such as graders, scrapers or rollers; Page 12 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY "Suit" includes: r.- O. "Temporary worker" means a person who is a. An arbitration proceeding in which such furnished to you to substitute for a permanent Ilemp o meet seasonal or short- damages or "covered pollution costs or term wo workload conditions. expenses" are claimed and to which the "insured" must submit or does submit with P. "Trailer" includes semitrailer. our consent; or Q. "Unmanned aircraft" means an aircraft that is not: b. Any other alternative dispute resolution 1. Designed; proceeding in which such damages or "covered pollution costs or expenses" are 2• Manufactured; or claimed and to which the insured submits 3. Modified after manufacture; with our consent. to be controlled directly by a person from within or on the aircraft. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 13 of 13 INSURED COPY DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `...-� 05/01/2023 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 MIG13, LLC dba The Morgan Insurance Group PHONE Dana Doyle FAX 102481 Overseas Highway E-MA ILo Ext: (305)451�788 A/c,No): (305)451-1539 Key Largo, FL 33037 ADDRESS: dana@tmigfla.com License #: L104251 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Old Dominion Insurance Co 40231 INSURED INSURER B Guardian Fence DBA Ronnies Fencing & Fence INSURER C: 238 2nd Rd INSURER D: Key Largo, FL 33037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00006979-613866 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY Y MPT7243V 02/06/2023 02/06/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE DAMAGE TO RENTED �( OCCUR PREMISES Ea occurrence $ 500 000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �( POLICY D PRO- JECT CI LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT DATE 5/19/9,09..3 WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Suite 205 AUTHORIZED REPRESENTATIVE Key West, FL 33040 DXD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by DXD on 05/01/2023 at 01:45PM DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 04/27/2023 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 Hanson NAME: Brown&Brown of Florida,Inc. a/cNr o Ext: (954)820-7937 a/c,No): (954)776-4446 1201 W Cypress Creek Rd E-MAIL Amanda.Hanson@bbrown.com ADDRESS: Suite 130 INSURER(S)AFFORDING COVERAGE NAIC# Fort Lauderdale, FL 33309 INSURERA: Progressive Express Insurance Company 10193 INSURED INSURER B: Bridgefield Employers Insurance Company 10701 Guardian Fence,Co. INSURER C: 238 2nd Road INSURER D: INSURER E: Key Largo, FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO TED CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ A OWNED r SCHEDULED Y 966040249 02/08/2023 02/08/2024 BODILY INJURY(Peraccident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? ❑ N/A 83055262 02/26/2023 02/26/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 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) Monroe County Board of County Commissioners is an additional insured with respect to Automobile Liability if required by written contract. APPROVED BY RISK MANAGEMENT BY , ra° DATE 5/19/2023 + WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street, AUTHORIZED REPRESENTATIVE Suite 205 Key West, FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CA 00 01 11 20 . BUSINESS AUTO COVERAGE FORM Various provisions in this Policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this Policy, the words "you" and "your" following numerical symbols describe the "autos" that refer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered "autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those"autos"you acquire ownership of after the Policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger"autos"you acquire ownership of after the Policy begins. "Autos"Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the Policy begins. "Autos"Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the Policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured Policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those"autos"you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your"employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 1 of 13 INSURED COPY a ' 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment" under this Policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos b. Repair; 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered c. Servicing; next to a coverage in Item Two of the d. "Loss"; or Declarations, then you have coverage for "autos" that you acquire after the policy period e. Destruction. begins of the type described for the remainder SECTION II—COVERED AUTOS LIABILITY of the policy period. COVERAGE 2. But, if Symbol 7 is entered next to a coverage A. Coverage in Item Two of the Declarations, an "auto" you We will pay all sums an "insured" legally must pay acquire after the policy period begins will be a as damages because of"bodily injury"or"property covered "auto"for that coverage only if: damage" to which this insurance applies, caused a. We already cover all "autos" that you own by an "accident" and resulting from the ownership, for that coverage or it replaces an auto maintenance or use of a covered "auto". you previously owned that had that We will also pay all sums an "insured" legally must coverage; and pay as a "covered pollution cost or expense" to b. You tell us within 30 days after you acquire which this insurance applies, caused by an it that you want us to cover it for that "accident" and resulting from, the ownership, coverage. maintenance or use of covered "autos". However, 3. An "auto" that is leased or rented to you we will only pay for the "covered pollution cost or without a driver, under a written agreement for expense" if there is either "bodily injury" or a continuous period of at least six months that "property damage" to which this insurance applies requires you to provide primary insurance that is caused by the same"accident". covering such "auto", will be considered a We have the right and duty to defend any covered "auto"you own. "insured"against a "suit" asking for such damages C. Certain Trailers, Mobile Equipment And or a "covered pollution cost or expense". However, Temporary Substitute Autos we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or this Coverage Form, the following types of expense" to which this insurance does not apply. vehicles are also covered "autos" for Covered We may investigate and settle any claim or "suit" Autos Liability Coverage: as we consider appropriate. Our duty to defend or 1. "Trailers" with a registered Gross Vehicle settle ends when the Covered Autos Liability Weight Rating of 3,000 pounds or less Coverage Limit of Insurance has been exhausted designed primarily for travel on public roads. by payment of judgments or settlements. 2. "Mobile equipment" while being carried or 1. Who Is An Insured towed by a covered "auto". The following are"insureds": 3. Any "auto" you do not own while used with the a. You for any covered"auto". permission of its owner as a temporary substitute for a covered "auto" you own that is b. Anyone else while using with your out of service because of its: permission a covered "auto" you own, hire a. Breakdown; or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". Page 2 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY This exception does not apply if the (6) All interest on the full amount of any covered "auto" is a "trailer" connected to judgment that accrues after entry of the a covered "auto"you own. judgment in any "suit" against the (2) Your "employee" if the covered "auto" is "insured"we defend, but our duty to pay owned by that "employee" or a member interest ends when we have paid, of his or her household. offered to pay or deposited in court the part of the judgment that is within our (3) Someone using a covered "auto" while Limit of Insurance. he or she is working in a business of selling, servicing, repairing, parking or These payments will not reduce the Limit of storing "autos" unless that business is Insurance. yours. b. Out-of-state Coverage Extensions (4) Anyone other than your "employees", While a covered "auto" is away from the partners (if you are a partnership), state where it is licensed, we will: members (if you are a limited liability (1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their "employees", while moving meet the limits specified by a property to or from a covered "auto". compulsory or financial responsibility (5) A partner (if you are a partnership) or a law of the jurisdiction where the covered . member (if you are a limited liability "auto" is being used. This extension company)for a covered "auto"owned by does not apply to the limit or limits him or her or a member of his or her specified by any law governing motor household. carriers of passengers or property. c. Anyone liable for the conduct of an (2) Provide the minimum amounts and "insured" described above but only to the types of other coverages, such as no- extent of that liability. fault, required of out-of-state vehicles by 2. Coverage Extensions the jurisdiction where the covered "auto" a. Supplementary Payments is being used. We will not pay anyone more than once for We will pay for the"insured": the same elements of loss because of (1) All expenses we incur. these extensions. (2) Up to $2,000 for cost of bail bonds B. Exclusions (including bonds for related traffic law This insurance does not apply to any of the violations) required because of an following: "accident" we cover. We do not have to furnish these bonds. 1. Expected Or Intended Injury (3) The cost of bonds to release "Bodily injury" or "property damage" expected attachments in any "suit" against the or intended from the standpoint of the "insured" we defend, but only for bond "insured". amounts within our Limit of Insurance. 2. Contractual (4) All reasonable expenses incurred by the Liability assumed under any contract or "insured" at our request, including actual agreement. loss of earnings up to $250 a day But this exclusion does not apply to liability for because of time off from work. damages: (5) All court costs taxed against the a. Assumed in a contract or agreement that is "insured" in any "suit" against the an "insured contract", provided the "bodily insured we defend. However, these injury" or "property damage" occurs payments do not include attorneys' fees subsequent to the execution of the contract or attorneys' expenses taxed against the or agreement; or "insured". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 3 of 13 INSURED COPY b. That the "insured". would have in the 7. Handling Of Property absence of the contract or agreement. "Bodily injury" or "property damage" resulting 3: -Workers'Compensation from the handling of property: Any obligation for which the "insured" or the a. Before it is moved from the place where it is "insured's" insurer may be held liable under accepted by the "insured" for movement any workers' compensation, disability benefits into or onto the covered "auto'; or or unemployment compensation law or any b. After it is moved from the covered "auto" to similar law. the place where it is finally delivered by the 4. Employee Indemnification And Employer's "insured". Liability 8. Movement Of Property By Mechanical "Bodily injury"to: Device a. An "employee" of the "insured" arising out "Bodily injury" or "property damage" resulting of and in the course of: from the movement of property by a (1) Employment by the"insured'; or mechanical device (other than a hand truck) unless the device is attached to the covered (2) Performing the duties related to the "auto". conduct of the"insured's" business; or 9. Operations b. The spouse, child, parent, brother or sister of that "employee" as a consequence of "Bodily injury" or"property damage" arising out Paragraph a. above. of the operation of: This exclusion applies: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile (1) Whether the "insured" may be liable as equipment"; or an employer or in any other capacity; and b. Machinery or equipment that is on, attached to or part of a land vehicle that would (2) To any obligation to share damages with qualify under the definition of "mobile or repay someone else who must pay equipment" if it were not subject to a damages because of the injury. compulsory or financial responsibility law or But this exclusion does not apply to "bodily other motor vehicle insurance law where it injury" to domestic "employees" not entitled to is licensed or principally garaged. workers' compensation benefits or to liability 10. Completed Operations assumed by the "insured" under an "insured contract". For the purposes of the Coverage "Bodily injury" or"property damage" arising out Form, a domestic "employee" is a person of your work after that work has been engaged in household or domestic work completed or abandoned. performed principally in connection with a In this exclusion, your work means: residence premises. a. Work or operations performed by you or on 5. Fellow Employee your behalf; and "Bodily injury"to: b. Materials, parts or equipment furnished in a. Any fellow "employee" of the "insured" connection with such work or operations. arising out of and in the course of the fellow Your work includes warranties or "employee's" employment or while representations made at any time with respect performing duties related to the conduct of to the fitness, quality, durability or performance your business; or of any of the items included in Paragraph a. or b. The spouse, child, parent, brother or sister b. above. of that fellow"employee" as a consequence Your work will be deemed completed at the of Paragraph a.above. earliest of the following times: 6. Care, Custody Or Control (1) When all of the work called for in your "Property damage"to or"covered pollution cost contract has been completed; or expense" involving property owned or (2) When all of the work to be done at the transported by the "insured" or in the site has been completed if your contract "insured's" care, custody or control. But this calls for work at more than one site; or exclusion does not apply to liability assumed under a sidetrack agreement. Page 4 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY (3) When that part of the work done at a job Paragraphs b. and c. above of this exclusion site has been put to its intended use by do not apply to "accidents" that occur away any person or organization other than from premises owned by or rented to an another contractor or subcontractor "insured" with respect to "pollutants" not in or working on the same project. upon a covered "auto" if: Work that may need service, maintenance, (a) The "pollutants" or any property in correction, repair or replacement, but which is which the "pollutants" are contained otherwise complete, will be treated as are upset, overturned or damaged as completed. a result of the maintenance or use of 11. Pollution a covered "auto"; and "Bodily injury" or"property damage" arising out (b) The discharge, dispersal, seepage, of the actual, alleged or threatened discharge, migration, release or escape of the "pollutants" is caused directly by dispersal, seepage, migration, release or escape of"pollutants": such upset, overturn or damage. a. That are, or that are contained in any 12. War property that is: "Bodily injury" or "property damage" arising (1) Being transported or towed by, handled directly or indirectly out of: or handled for movement into, onto or a. War, including undeclared or civil war; from the covered"auto"; b. Warlike action by a military force, including (2) Otherwise in the course of transit by or action in hindering or defending against an on behalf of the"insured"; or actual or expected attack, by any (3) Being stored, disposed of, treated or government, sovereign or other authority processed in or upon the covered using military personnel or other agents; or "auto'; c. Insurrection, rebellion, revolution, usurped b. Before the "pollutants" or any property in power or action taken by governmental which the "pollutants" are contained are authority in hindering or defending against moved from the place where they are any of these. accepted by the "insured" for movement 13. Racing into or onto the covered "auto"; or Covered "autos"while used in any professional c. After the "pollutants" or any property in or organized racing or demolition contest or which the "pollutants" are contained are stunting activity, or while practicing for such moved from the covered "auto" to the place contest or activity. This insurance also does where they are finally delivered, disposed of not apply while that covered "auto" is being or abandoned by the"insured". prepared for such a contest or activity. Paragraph a. above does not apply to fuels, 14. Unmanned Aircraft lubricants, fluids, exhaust gases or other "Bodily injury" or"property damage" arising out similar"pollutants" that are needed for or result of the ownership, maintenance or use of from the normal electrical, hydraulic or "unmanned aircraft". mechanical functioning of the covered "auto" or its parts if: C. Limit Of Insurance (1) The "pollutants" escape, seep, migrate Regardless of the .number of covered "autos", or are discharged, dispersed or released "insureds", premiums paid, claims made or directly from an "auto" part designed by vehicles involved in the "accident", the most we its manufacturer to hold, store, receive will pay for the total of all damages and "covered or dispose of such "pollutants"; and pollution cost or expense"combined resulting from 2 Th covered pollution cost or expensey e"bodily u " damage" any one "accident" is the Limit Of Insurance for ( ) y injury"� pro Covered Autos Liability Coverage shown in the gor Declarations. does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 5 of 13 INSURED COPY All "bodily injury", "property damage"and "covered 3. Glass Breakage—Hitting A Bird Or Animal— pollution cost or expense" resulting from Falling Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one"accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under this Coverage Form and any Medical Payments b. "Loss" caused by hitting a bird or animal; Coverage endorsement, Uninsured Motorists and Coverage endorsement or Underinsured Motorists c. "Loss"caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III—PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage. 1. We will pay for"loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $30 per day, to a From any cause except: maximum of $900, for temporary transportation expense incurred by you (1) The covered autos„ collision with because of the total theft of a covered another object; or "auto" of the private passenger type. We (2) The covered "auto's"overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Caused by: Specified Causes Of Loss Coverage. We will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 48 hours after the theft and ending, regardless of the Policy's (3) Windstorm, hail or earthquake; expiration, when the covered "auto" is (4) Flood; returned to use or we pay for its"loss". (5) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a driver under a written rental contract or Caused by: agreement. We will pay for loss of use (1) The covered "auto's" collision with expenses if caused by: another object; or (1) Other than collision only if the (2) The covered "auto's"overturn. Declarations indicates that Comprehensive Coverage is provided 2. Towing And Labor for any covered "auto'; We will pay up to the limit shown in the (2) Specified Causes of Loss only if the Declarations for towing and labor costs Declarations indicates that Specified incurred each time a covered "auto" that is a Causes Of Loss Coverage is provided private passenger type, light truck or medium for any covered "auto"; or truck is disabled. However, the labor must be performed at the place of disablement. Page 6 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY (3) Collision only -if the Declarations 4. We will not pay for "loss" to any of the indicates that Collision Coverage is following: provided for any covered"auto". a. Tapes, records, discs or other similar audio, However, the most we will pay for any visual or data electronic devices designed expenses for loss of use is $30 per day, to for use with audio, visual or data electronic a maximum of$900. equipment. B. Exclusions b. Any device designed or used to detect 1. We will not pay for"loss"caused by or resulting speed-measuring equipment, such as radar from any of the following. Such "loss" is or laser detectors, and any jamming excluded regardless of any other cause or apparatus intended to elude or disrupt event that contributes concurrently or in any speed-measuring equipment. sequence to the"loss". c. Any electronic equipment, without regard to a. Nuclear Hazard whether this equipment is permanently installed, that reproduces, receives or (1) The explosion of any weapon employing transmits audio, visual or data signals. atomic fission or fusion; or d. Any accessories used with the electronic (2) Nuclear reaction or radiation, or equipment described in Paragraph c. radioactive contamination, however above. caused. 5. Exclusions 4.c. and 4.d. do not apply to b. War Or Military Action equipment designed to be operated solely by (1) War, including undeclared or civil war; use of the power from the "auto's" electrical (2) Warlike action by a military force, system that, at the time of"loss", is: including action in hindering or a. Permanently installed in or upon the defending against an actual or expected covered "auto"; attack, by any government, sovereign or b. Removable from a housing unit which is other authority using military personnel permanently installed in or upon the or other agents; or covered "auto"; (3) Insurrection, rebellion, revolution, c. An integral part of the same unit housing usurped power or action taken by any electronic equipment described in governmental authority in hindering or Paragraphs a. and b. above; or defending against any of these. 2. We will not a for"loss" to an covered "auto" d. Necessary for the normal operation of the pay Y covered auto or the monitoring of the while used in any professional or organized covered "auto's"operating system. racing or demolition contest or stunting activity, „ or while practicing for such contest or activity. 6. We will not pay for loss to a covered auto We will also not pay for "loss" to any covered due to"diminution in value". "auto" while that covered "auto" is being C. Limits Of Insurance prepared for such a contest or activity. 1. The most we will pay for: 3. We will not pay for"loss"due and confined to: a. "Loss" to any one covered "auto" is the a. Wear and tear, freezing, mechanical or lesser of: electrical breakdown. (1) The actual cash value of the damaged b. Blowouts, punctures or other road damage or stolen property as of the time of the to tires. "loss'; or This exclusion does not apply to such "loss" (2) The cost of repairing or replacing the resulting from the total theft of a covered damaged or stolen property with other "auto". property of like kind and quality. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 7 of,13 INSURED COPY b. All electronic equipment that reproduces, SECTION IV—BUSINESS AUTO CONDITIONS receives or transmits audio, visual or data The following conditions apply in addition to the signals in any one"loss" is $1,000, if, at the Common Policy Conditions: time of"loss", such electronic equipment is: A. Loss Conditions (1) Permanently installed in or upon the covered "auto" in a housing, opening or 1. Appraisal For Physical Damage Loss other location that is not normally used If you and we disagree on the amount of"loss", by the "auto" manufacturer for the either may demand an appraisal of the "loss". installation of such equipment; In this event, each party will select a competent (2) Removable from a permanently installed appraiser. The two appraisers will select a housing unit as described in Paragraph competent and impartial umpire. The b.(1)above; or appraisers will state separately the actual cash (3) An integral part of such equipment as value and amount of"loss". If they fail to agree, described in Paragraphs b.(1) and b.(2) they will submit their differences to the umpire. above. A decision agreed to by any two will be binding. Each party will: 2. An adjustment for depreciation and physical a. Pay its chosen appraiser; and condition will be made in determining actual cash value in the event of a total"loss". b. Bear the other expenses of the appraisal 3. If a repair or replacement results in better than and umpire equally. like kind or quality, we will not pay for the If we submit to an appraisal, we will still retain amount of the betterment. our right to deny the claim. D. Deductible 2. Duties In The Event Of Accident, Claim, Suit For each covered "auto", our obligation to pay for, Or Loss repair, return or replace damaged or stolen We have no duty to provide coverage under property will be reduced by the applicable this Policy unless there has been full deductible shown in the Declarations prior to the compliance with the following duties: application of the Limit Of Insurance, provided a. In the event of "accident", claim, "suit" or that: "loss", you must give us or our authorized 1. The Comprehensive or Specified Causes Of representative prompt notice of the Loss Coverage deductible applies only to"loss" "accident" or"loss". Include: caused by: (1) How, when and where the "accident" or a. Theft or mischief or vandalism; or "loss"occurred; b. All perils. (2) The"insured's"name and address; and 2. Regardless of the number of covered "autos" (3) To the extent possible, the names and damaged or stolen, the maximum deductible addresses of any injured persons and applicable for all "loss" in any one event witnesses. caused by: b. Additionally, you and any other involved a. Theft or mischief or vandalism; or "insured" must: b. All perils, (1) Assume no obligation, make no will be equal to five times the highest payment or incur no expense without deductible applicable to any one covered our consent, except at the "insured's" "auto" on the Policy for Comprehensive or own cost. Specified Causes Of Loss Coverage. The (2) Immediately send us copies of any application of the highest deductible used to request, demand, order, notice, calculate the maximum deductible will be made summons or legal paper received regardless of which covered "autos" were concerning the claim or"suit". damaged or stolen in the"loss". Page 8 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 1120 INSURED COPY (3) Cooperate with us in the investigation or 5. Transfer Of Rights Of Recovery Against settlement of the claim or defense Others To Us against the"suit". If any person or organization to or for whom we (4) Authorize us to obtain medical records make payment under this Coverage Form has or other pertinent information. rights to recover damages from another, those (5) Submit to examination, at our expense, rights are transferred to us. That person or by physicians of our choice, as often as organization must do everything necessary to we reasonably require. secure our rights and must do nothing after "accident"or"loss"to impair them. c. If there is "loss" to a covered "auto" or its equipment, you must also do the following: B. General Conditions (1) Promptly notify the police if the covered 1. Bankruptcy "auto"or any of its equipment is stolen. Bankruptcy or insolvency of the"insured"or the (2) Take all reasonable steps to protect the "insured's" estate will not relieve us of any covered "auto" from further damage. obligations under this Coverage Form. Also keep a record of your expenses for 2. Concealment, Misrepresentation Or Fraud consideration in the settlement of the This Coverage Form is void in any case of claim. fraud by you at any time as it relates to this (3) Permit us to inspect the covered "auto" Coverage Form. It is also void if you or any and records proving the "loss" before its other "insured", at any time, intentionally repair or disposition. conceals or misrepresents a material fact (4) Agree to examinations under oath at our concerning: request and give us a signed statement a. This Coverage Form; of your answers. b. The covered "auto"; 3. Legal Action Against Us c. Your interest in the covered "auto'; or No one may bring a legal action against us d. A claim under this Coverage Form. under this Coverage Form until: 3. Liberalization a. There has been full compliance with all the terms of this Coverage Form; and If we revise this Coverage Form to provide b. Under Covered Autos Liability Coverage, more coverage without additional premium we agree in writing that the"insured" has an charge, your policy will automatically provide obligation to pay or until the amount of that the additional coverage as of the day the obligation has finally been determined by revision is effective in your state. judgment after trial. No one has the right 4. No Benefit To Bailee—Physical Damage under this Policy to bring us into an action Coverages to determine the"insured's" liability. We will not recognize any assignment or grant 4. Loss Payment—Physical Damage any coverage for the benefit of any person or Coverages organization holding, storing or transporting property for a fee regardless of any other At our option, we may: provision of this Coverage Form. a. Pay for, repair or replace damaged or 5. Other Insurance stolen property; b. Return the stolen property, at our expense. a. For any covered "auto" you own, this We will pay for any damage that results to Coverage Form provides primary the"auto"from the theft; or insurance. For any covered "auto"you don't own, the insurance provided by this c. Take all or any part of the damaged or Coverage Form is excess over any other stolen property at an agreed or appraised collectible insurance. However, while a value. covered "auto" which is a "trailer" is If we pay for the "loss", our payment will connected to another vehicle, the Covered include the applicable sales tax for the Autos Liability Coverage this Coverage damaged or stolen property. Form provides for the"trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 9 of 13 INSURED COPY (2) Primary while it is connected to a (5) Anywhere else in the world if a covered covered "auto"you own. "auto" of the private passenger type is b. For Hired Auto Physical Damage Coverage, leased, hired, rented or borrowed any covered "auto" you lease, hire, rent or without a driver for a period of 30 days borrow is deemed to be a covered "auto" or less, you own. However, any "auto" that is provided that the "insured's" responsibility to leased, hired, rented or borrowed with a pay damages is determined in a "suit" on the driver is not a covered "auto". merits, in the United States of America, the c. Regardless of the provisions of Paragraph territories and possessions of the United States a. above, this Coverage Form's Covered of America, Puerto Rico or Canada, or in a Autos Liability Coverage is primary for any settlement we agree to. liability assumed under an "insured We also cover "loss" to, or "accidents" contract". involving, a covered "auto" while being d. When this Coverage Form and any other transported between any of these places. Coverage Form or policy covers on the 8. Two Or More Coverage Forms Or Policies same basis, either excess or primary, we Issued By Us will pay only our share. Our share is the If this Coverage Form and any other Coverage proportion that the Limit of Insurance of our Form or policy issued to you by us or any Coverage Form bears to the total of the company affiliated with us applies to the same limits of all the Coverage Forms and "accident", the aggregate maximum Limit of policies covering on the same basis. Insurance under all the Coverage Forms or 6. Premium Audit policies shall not exceed the highest applicable a. The estimated premium for this Coverage Limit of Insurance under any one Coverage Form is based on the exposures you told us Form or policy. This condition does not apply to you would have when this Policy began. any Coverage Form or policy issued by us or We will compute the final premium due an affiliated company specifically to apply as when we determine your actual exposures. excess insurance over this Coverage Form. The estimated total premium will be SECTION V—DEFINITIONS credited against the final premium due and A. "Accident' includes continuous or repeated the first Named Insured will be billed for the exposure to the same conditions resulting in balance, if any. The due date for the final "bodily injury"or"property damage". premium or retrospective premium is the date shown as the due date on the bill. If B. "Auto" means: the estimated total premium exceeds the 1. A land motor vehicle, "trailer" or semitrailer final premium due, the first Named Insured designed for travel on public roads; or will get a refund. 2. Any other land vehicle that is subject to a b. If this Policy is issued for more than one compulsory or financial responsibility law or year, the premium for this Coverage Form other motor vehicle insurance law where it is will be computed annually based on our licensed or principally garaged. rates or premiums in effect at the beginning However, "auto" does not include "mobile of each year of the Policy. equipment". 7. Policy Period, Coverage Territory C. "Bodily injury" means bodily injury, sickness or Under this Coverage Form, we cover disease sustained by a person, including death "accidents"and "losses"occurring: resulting from any of these. a. During the policy period shown in the D. "Covered pollution cost or expense" means any Declarations; and cost or expense arising out of: b. Within the coverage territory. 1. Any request, demand, order or statutory or The coverage territory is: regulatory requirement that any "insured" or others test for, monitor, clean up, remove, (1) The United States of America; contain, treat, detoxify or neutralize, or in any (2) The territories and possessions of the way respond to, or assess the effects of, United States of America; "pollutants"; or (3) Puerto Rico; (4) Canada; and Page 10 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY 2. Any claim or "suit" by or on behalf of a Paragraphs b. and c. above do not apply to governmental authority for damages because "accidents" that occur away from premises of testing for, monitoring, cleaning up, owned by or rented to an"insured"with respect removing, containing, treating, detoxifying or to "pollutants" not in or upon a covered "auto" neutralizing, or in any way responding to, or if: assessing the effects of, "pollutants". (a) The "pollutants" or any property in "Covered pollution cost or expense" does not which the "pollutants" are contained include any cost or expense arising out of the are upset, overturned or damaged as actual, alleged or threatened discharge, dispersal, a result of the maintenance or use of seepage, migration, release or escape of a covered"auto"; and "pollutants": (b) The discharge, dispersal, seepage, a. That are, or that are contained in any migration, release or escape of the property that is: "pollutants" is caused directly by (1) Being transported or towed by, handled such upset, overturn or damage. or handled for movement into, onto or E. "Diminution in value" means the actual or from the covered"auto"; perceived loss in market value or resale value (2) Otherwise in the course of transit by or which results from a direct and accidental "loss". on behalf of the"insured'; or F. "Employee" includes a "leased worker". (3) Being stored, disposed of, treated or "Employee" does not include a "temporary processed in or upon the covered worker". "auto'; G. "Insured" means any person or organization b. Before the "pollutants" or any property in qualifying as an insured in the Who Is An Insured which the "pollutants" are contained are provision to the Limit applicable l coverage. Except with moved from the place where they are age accepted by the "insured" for movement afforded applies separately to each insured who is into or onto the covered "auto"; or seeking coverage or against whom a claim or c. After the "pollutants" or any property in "suit" is brought. which the "pollutants" are contained are H. "Insured contract" means: moved from the covered "auto"to the place 1. A lease of premises; where they are finally delivered, disposed of 2. A sidetrack agreement; or abandoned by the"insured". 3. Any easement or license agreement, except in Paragraph a. above does not apply to fuels, l connection with construction or demolition lubricants, fluids, exhaust gases or other similar"pollutants" that are needed for or result operations on or within 50 feet of a railroad; from the normal electrical, hydraulic or 4. An obligation, as required by ordinance, to mechanical functioning of the covered "auto" or indemnify a municipality, except in connection its parts, if: with work for a municipality; (1) The "pollutants" escape, seep, migrate 5. That part of any other contract or agreement or are discharged, dispersed or released pertaining to your business (including an directly from an "auto" part designed by indemnification of a municipality in connection its manufacturer to hold, store, receive with work performed for a municipality) under or dispose of such"pollutants'; and which you assume the tort liability of another to pay for"bodily injury"or"property damage"to a (2) The"bodily injury", "property damage"or third party or organization. Tort liability means covered pollution cost or expense a liability that would be imposed by law in the does not arise out of the operation of any equipment listed in Paragraph 6.b. absence of any contract or agreement; or or 6.c. of the definition of "mobile equipment". CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 11 of 13 INSURED COPY 6. That part of any contract or agreement entered 5. Vehicles not described in Paragraph 1., 2., 3. into, as part of your business, pertaining to the or 4. above that are not self-propelled and are rental or lease, by you or any of your maintained primarily to provide mobility to "employees", of any "auto". However, such permanently attached equipment of the contract or agreement shall not be considered following types: an "insured contract" to the extent that it a. Air compressors, pumps and generators, obligates you or any of your "employees" to includingspraying, welding, building pay for"property damage" to any "auto" rented or leased by you or any of your"employees". cleaning, geophysical exploration, lighting and well-servicing equipment; or An "insured contract" does not include that part of b. Cherry pickers and similar devices used to any contract or agreement: raise or lower workers; or a. That indemnifies a railroad for"bodily injury" 6. Vehicles not described in Paragraph 1., 2., 3. or property damage arising out of or 4. above maintained primarily for purposes construction or demolition operations, within other than the transportation of persons or 50 feet of any railroad property and cargo. However, self-propelled vehicles with affecting any railroad bridge or trestle, the following types of.permanently attached tracks, roadbeds, tunnel, underpass or equipment are not "mobile equipment" but will crossing; be considered "autos": b. That pertains to the loan, lease or rental of a. Equipment designed primarily for: an auto to you or any of your "employees", if the "auto" is loaned, leased (1) Snow removal; or rented with a driver; or (2) Road maintenance, but not construction c. That holds a person or organization or resurfacing; or engaged in the business of transporting (3) Street cleaning; property by "auto" for hire harmless for your b. Cherry pickers and similar devices mounted use of a covered auto over a route or on automobile or truck chassis and used to territory that person or organization is raise or lower workers; and authorized to serve by public authority. I. "Leased worker" means a person leased to you by c. Air compressors, pumps and generators, a labor leasing firm under an agreement between including spraying, welding, building cleaning, geophysical exploration, lighting you and the labor leasing firm to perform duties related to the conduct of your business. "Leased or well-servicing equipment. worker"does not include a"temporary worker". However, "mobile equipment" does not include J. "Loss" means direct and accidental loss or land vehicles that are subject to a compulsory or damage. financial responsibility law or other motor vehicle insurance law where it is licensed or principally K. "Mobile equipment" means any of the following garaged. Land vehicles subject to a compulsory or types of land vehicles, including any attached financial responsibility law or other motor vehicle machinery or equipment: insurance law are considered "autos". 1. Bulldozers, farm machinery, forklifts and other L. "Pollutants" means any solid, liquid, gaseous or vehicles designed for use principally off public thermal irritant or contaminant, including smoke, roads; vapor, soot, fumes, acids, alkalis, chemicals and 2. Vehicles maintained for use solely on or next to waste. Waste includes materials to be recycled, premises you own or rent; reconditioned or reclaimed. 3. Vehicles that travel on crawler treads; M. "Property damage" means damage to or loss of 4. Vehicles, whether self-propelled or not, use of tangible property. maintained primarily to provide mobility to N. "Suit" means a civil proceeding in which: permanently mounted: 1. Damages because of "bodily injury" or a. Power cranes, shovels, loaders, diggers or "property damage'; or drills; or 2. A"covered pollution cost or expense'; b. Road construction or resurfacing equipment to which this insurance applies, are alleged. such as graders, scrapers or rollers; Page 12 of 13 ©Insurance Services Office, Inc., 2019 CA 00 01 11 20 INSURED COPY "Suit" includes: r.- O. "Temporary worker" means a person who is a. An arbitration proceeding in which such furnished to you to substitute for a permanent Ilemp o meet seasonal or short- damages or "covered pollution costs or term wo workload conditions. expenses" are claimed and to which the "insured" must submit or does submit with P. "Trailer" includes semitrailer. our consent; or Q. "Unmanned aircraft" means an aircraft that is not: b. Any other alternative dispute resolution 1. Designed; proceeding in which such damages or "covered pollution costs or expenses" are 2• Manufactured; or claimed and to which the insured submits 3. Modified after manufacture; with our consent. to be controlled directly by a person from within or on the aircraft. CA 00 01 11 20 ©Insurance Services Office, Inc., 2019 Page 13 of 13 INSURED COPY