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HomeMy WebLinkAbout3rd Renewal 04/16/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 28, 2025 TO: Daryl Greenlee, Director Fleet Management Tania Stoughton Fleet Management FROM: Liz Yongue, Deputy Clerk SUBJECT: April 16, 2025 BOCC Meeting The following item has been executed and added to the record: C22 3rd Renewal of Agreement between Monroe County and Sunshine Gasoline Distributors, Inc. for fuel services for a one (I)-year period, commencing retroactively as of March 15, 2025. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 THIRDRENEWAL OF AGREEMENT BETWEEN MONROE COUNTY AND SUNSHINE GASOLINE DISTRIBUTORS,INC. April THIS AGREEMENT is made and entered into this 16th day off 2025 between MONROE COUNTY, a political subdivision ofthe State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040 and SUNSHINE GASOLINE DISTRIBUTORS,INC., ("Sunshine Gas"; formerly Dions Fuels LLC.)a Florida Corporation,to renew the agreement between the parties dated February 16th,2022. WHEREAS,on February 16th, 2022,the County and Dions Fuels LLC. entered into an agreement to provide fuel services for Monroe County; and WHEREAS,the term of the initial agreement provides the County with the option to renew the Agreement for four(4) additional one(1)year periods beginning March 15th, 2023; and WHEREAS,the parties executed an extension to the agreement beginning March 15, 2023 and terminating on March 14,2024; and WHEREAS,the parties executed an extension to the agreement beginning retroactively on March 15,2024 and terminating on March 14,2025; and WHEREAS,the parties executed an assignment and assumption agreement between Monroe County,Dions Fuels LLC,, and Sunshine Gasoline Distributors Inc. on June 15, 2023 to reflect Sunshine Gas acquiring Dions Fuels LLC.; and WHEREAS,the County desires to extend the existing agreement with Sunshine Gas,as both parties have found the Agreement to be mutually beneficial; and February 16th WHEREAS,all other terms of the Agreement dated Mareh 1 5'h 2022,remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration,the sufficiency of which is hereby acknowledged,the County and Sunshine Gas agree,pursuant to the terms of the original Agreement,to renew the Agreement for one (1) additional year beginning on March 15'2025 and continuing through March 14 th 2026. IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first written above. [Signatures to follow] „,,,,,;,,,,i_riSg'.„,,,1 . . V ,,"1 n�,.L. , . - KEVIN MADOK,CLERK •BOARD Or COUNTY COMMISSIONERS igir,z--iy,1":iff,:,,,,) � F- . K- n: 6, 3 "::' OF MONROE COUNTY,FLORIDA ggPAt �' A'rt ti/f t. 1��,,,�c.'y, r l'q5 s.' ‘,'—'—)?:.\'1;0:1'?it'l IV ,,I 1 f) ,_ _ Ilk 0 1 1 y M T `. • •tom'.''.., ky .:.8.3k .` i t'C�„ F. .. N .. - .. ��,, Y s Deputy Clerk''��°�y-4 �k����, �.���r .� 1Vlay�r/Chairman WITNESSES: SUNSHINE GASOLINE DISTRIBUTORS INC. • /2-;_. .ac-1.42..2 _ - By : .. . Pri nt int � am t. . 4211-2--"- 7,..,?a5--.---” . . , • . . ''''' .. . . s. ; . .• . . . • Signature • SigiT ttit ` . t1S F .' . . 14,4,44,i-,,,,,,C1 Fi,......1,-1.30?D • . 670.4 .C00.4 0.Ae-v-e,..4:.aj \-i).-e-k,,S. i '. . . . . -,- — . .. -. • . . . Address Title . 6 v.#e,,t,_1,40. _ C-k 1 kt-ta • . . . . . . • Witness 2 .. + - Signature -..› .F.. 4k4t4L ,4,,,,,„...._34,...„„t ci., .??,,y3,a, . , - . . . . . ,,v, -.. --, ' Address �.,,P .,4"t. t:' , ;,..... ��r�� 1 . . . :„„ . ppr vcd: I k d!f•rni.. fir a t ,' ' r • , v 16tant'('flunt) 2 ACo CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `.+ 03/26/2025 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 Denise Sellers NAME: South Pointe Services,LLC PNCNNo E O: (813)661-0382 FAX No): 1444 Bloomingdale Ave aMSs: denise@spisfla.com INSURER(S)AFFORDING COVERAGE NAIC• Valrico FL 33596 INSURERA: Technology insurance Co 42376 INSURED INSURER B Sunshine Gasoline Distributors Inc INSURER C: 1660 NW 87th Ave INSURER D: INSURER E: Doral FL 33172 INSURER F: COVERAGES CERTIFICATE NUMBER: 2025-2026 WC COI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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. LTR TYPEOFIWSURANCE POLtYNUMBER POLICY MDFOPWM MI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR ry4 PREMISES Ea oxurrence $ A" T " MED EXP(Any one person) S �,� PERSONAL&ADV INJURY $ GEN'LAGGREGATELIMITAPPLIESPER: 4 28.25 � GENERALAGGREGATE $ POLICY 0 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: WAMM ,-� w �• $ AUTOMOBILE LIABILITY COM81NED SINGLE LIMIT $ F.accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ONLY AUTOS ( t) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per acc dent $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION ^ SAME ERµ AND EMPLOYERS'LIABILITY Y I N v ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? N!A TWC4594035 04/21/2025 04l2112026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 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 Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ` � DATE(MM/DD/YYYY) '`�"' CERTIFICATE OF LIABILITY INSURANCE 04/02/2025 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 NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE FME OFFICE:P.O.BOX 328 (A/C,No,Ext):888-333-4949 INC,A/ No):507-446-4664 OWATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER@FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED INSURER B: SUNSHINE GASOLINE DISTRIBUTORS INC INSURER C: 1650 NW 87TH AVE DORAL,FL 33172-2614 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1014 REVISION NUMBER:0 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 SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DDIYVYV MMIDD/YYYV X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES $100,000 (Ea occurrence) MED EXP(Any one person) EXCLUDED A Y N 9313870 04/21/2025 04/21/2026 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑JPECT ❑LOC PRODUCTS&COMPIOP ACC $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) JANYAUTC BODILY INJURY(Per Person) AOWNED AUTOS ONLY ASUTESULED Y N 9313870 04/21/2025 04/21/2026 BODILY INJURY(Per Accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per Accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $6,000,000 A EXCESS LIAR CLAIMS-MADE N N 9313871 04/21/2025 04/21/2026 AGGREGATE $6,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE 77T.ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT OF EXCLUDED? (Mandatory in NH) N/A 77. m ( X T E.L DISEASE EA EMPLOYEE If yes,describe under ; DESCRIPTION OF OPERATIONS below �y,� ......,- E.L DISEASE POLICY LIMIT WAMP �. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 10140 1100 SIMONTON ST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED KEY WEST,FL 33040-3110 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I n © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: Ac "� LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY SUNSHINE GASOLINE DISTRIBUTORS INC 1650 NW 87TH AVE POLICY NUMBER DORAL,FL 33172-2614 SEE CERTIFICATE#1014.0 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#1014.0 SEE CERTIFICATE#1014.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSURED INCLUDES: MONROE COUNTY BOCC, ITS EMPLOYEES AND OFFICIALS THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS A DESIGNATED INSURED ON BUSINESS AUTO LIABILITY SUBJECT TO THE CONDITIONS OF THE DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE. BUSINESS AUTO COVERAGE INCLUDES POLLUTION LIABILITY VIA THE CA 99 48, POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS. BUSINESS AUTO POLICY INCLUDES THE MCS-90 ENDORSEMENT. ACORD 101 (2008/01) O 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 9313870 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Auto Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Sunshine Gasoline Distributors Inc Endorsement Effective: 04/21/2025 SCHEDULE Name of Person(s) Or Organization(s): Monroe County Board of County Commissioners Key West, FL 33040-3110 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL AUTO CA 99 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as "Covered pollution cost or expense" does not follows: include any cost or expense arising out of the 1. Paragraph a. of the Pollution Exclusion applies actual, alleged or threatened discharge, only to liability assumed under a contract or dispersal, seepage, migration, release or agreement. escape of"pollutants": 2. With respect to the coverage afforded by a. Before the "pollutants" or any property Paragraph A.1. above, Exclusion B.6. Care, in which the "pollutants" are contained Custody Or Control does not apply. are moved from the place where they B. Changes In Definitions are accepted by the "insured" for movement into or onto the covered For the purposes of this endorsement, Paragraph "auto"; or D. of the Definitions Section is replaced by the b. After the "pollutants" or any property following: in which the "pollutants" are contained D. "Covered pollution cost or expense" means are moved from the covered "auto" to any cost or expense arising out of: the place where they are finally 1. Any request, demand, order or statutory delivered, disposed of or abandoned or regulatory requirement that any by the "insured". "insured" or others test for, monitor, clean Paragraphs a. and b. above do not apply up, remove, contain, treat, detoxify or to "accidents" that occur away from neutralize, or in any way respond to, or premises owned by or rented to an assess the effects of"pollutants"; or "insured" with respect to "pollutants" not 2. Any claim or "suit" by or on behalf of a in or upon a covered "auto" if: governmental authority for damages (1) The "pollutants" or any property in because of testing for, monitoring, which the "pollutants" are cleaning up, removing, containing, contained are upset, overturned or treating, detoxifying or neutralizing, or in damaged as a result of the any way responding to or assessing the maintenance or use of a covered effects of"pollutants". "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. CA 99 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: 9313870 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): DESCRIPTION OF INTEREST IF APPLICABLE: Monroe County ANY COVERAGE PROVIDED BY THIS ENDORSEMENT Board of County Commissioners APPLIES ONLY TO THE DELIVERY OF FUEL FOR THE 1100 Simonton St CERTIFIATE HOLDER. Additional Insureds also Key West, FL 33040-3110 includes: Its Employees and Officials Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance: with respect to liability for "bodily injury", If coverage provided to the additional insured is "property damage" or "personal and advertising required by a contract or agreement, the most we injury" caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. Required by the contract or agreement; or 1. In the performance of your ongoing 2. Available under the applicable limits of operations; or insurance; 2. In connection with your premises owned by or whichever is less. rented to you. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable limits of insurance. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Insured: Sunshine Gasoline Distributors Inc 1650 NW 87th Ave Doral, FL 33172-2614 © Insurance Services Office, Inc., 2018 Page 1 of 1 CG 20 26 12 19 Policy Number: 9313870 Transaction Effective Date: 04/21/2025 USDOT Number: 3181375 Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980 Issued to Sunshine Gasoline Distributors Inc of FL (Motor Carrier name) (Motor Carrier state or province) Dated at Owatonna, MN 55060 on this 28th day of March 2025 Amending Policy Number: 9313870 Effective Date: 04/21/2025 Name of Insurance Company: Federated Mutual Insurance Company Countersigned by: (authorized company representative) The policy to which this endorsement is attached provides primary or excess insurance,as indicated for the limits shown (check only one): �X This insurance is primary and the company shall not be liable for amounts in excess of$ $1,000,000 for each accident. This insurance is excess and the company shall not be liable for amounts in excess of$ for each accident in excess of the underlying limit of$ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA),the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify that the policy is in force as of a particular date.The telephone number to call is: 888-333-4949 Cancellation of this endorsement may be effected by the company or the insured by giving (1)thirty-five(35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and(2) if the insured is subject to the FMCSA's registration requirements under 49 U.S.C. 13901, by providing thirty(30) days notice to the FMCSA(said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT Accident includes continuous or repeated exposure to conditions Environmental Restoration means restitution for the loss, which results in bodily injury, property damage, or environmental damage, or destruction of natural resources arising out of the damage which the insured neither expected nor intended. accidental discharge, dispersal, release or escape into or upon the Motor Vehicle means a land vehicle, machine, truck, tractor, land, atmosphere, watercourse, or body of water, of any commodity trailer, or semitrailer propelled or drawn by mechanical power and transported by a motor carrier. This shall include the cost of used on a highway for transporting property, or any combination removal and the cost of necessary measures taken to minimize or thereof. mitigate damage to human health, the natural environment, fish, Bodily Injury means injury to the body, sickness, or disease to shellfish,and wildlife. any person, including death resulting from any of these. Public Liability means liability for bodily injury, property damage, Property Damage means damage to or loss of use of tangible and environmental restoration. property. The insurance policy to which this endorsement is attached provides company from liability or from the payment of any final judgment, automobile liability insurance and is amended to assure compliance within the limits of liability herein described, irrespective of the by the insured, within the limits stated herein, as a motor carrier of financial condition, insolvency or bankruptcy of the insured. property, with Sections 29 and 30 of the Motor Carrier Act of 1980 However, all terms, conditions, and limitations in the policy to which and the rules and regulations of the Federal Motor Carrier Safety the endorsement is attached shall remain in full force and effect as Administration (FMCSA). binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company In consideration of the premium stated in the policy to which this on account of any accident, claim, or suit involving a breach of the endorsement is attached, the insurer (the company) agrees to pay, terms of the policy, and for any payment that the company would within the limits of liability described herein, any final judgment not have been obligated to make under the provisions of the policy recovered against the insured for public liability resulting from except for the agreement contained in this endorsement. negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 It is further understood and agreed that, upon failure of the company and 30 of the Motor Carrier Act of 1980 regardless of whether or not to pay any final judgment recovered again the insured as provided each motor vehicle is specifically described in the policy and herein,the judgment creditor may maintain an action in any court of whether or not such negligence occurs on any route or in any competent jurisdiction against the company to compel such payment. territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury The limits of the company's liability for the amounts prescribed in to or death of the insured's employees while engaged in the course this endorsement apply separately to each accident and any of their employment, or property transported by the insured, payment under the policy because of any one accident shall not designated as cargo. It is understood and agreed that no condition, operate to reduce the liability of the company for the payment of provision, stipulation, or limitation contained in the policy, this final judgments resulting from any other accident. endorsement, or any other endorsement thereon, or violation thereof,shall relieve the Page 1 of 2 MCS-90 (03-20) Policy Number: 9313870 Transaction Effective Date: 04/21/2025 SCHEDULE OF LIMITS - PUBLIC LIABILITY Type of carriage Commodity transported Jan. 1, 1985 (1) For-hire (in interstate or foreign commerce, with Property(nonhazardous) $750,000 a gross vehicle weight rating of 10,001 or more pounds). (2) For-hire and Private (in interstate, foreign, or Hazardous substances, as defined in 49 CFR 171.8, $5,000,000 intrastate commerce, with a gross vehicle weight transported in cargo tanks, portable tanks, or hopper- rating of 10,001 or more pounds). type vehicles with capacities in excess of 3,500 water gallons; or in bulk Divisions 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material,as defined in 49 CFR 173.403. (3) For-hire and Private (in interstate or foreign Oil listed in 49 CFR 172.101; hazardous waste, $1,000,000 commerce, in any quantity; or in intrastate hazardous materials, and hazardous substances defined commerce, in bulk only; with a gross vehicle in 49 CFR 171.8 and listed in 49 CFR 172.101, but not weight rating of 10,000 or more pounds). mentioned in (2)above or(4) below. (4) For-hire and Private (In interstate or foreign Any quantity of Division 1.1, 1.2, or 1.3 material; any $5,000,000 commerce, with a gross vehicle weight rating of quantity of a Division 2.3, Hazard Zone A, or Division less than 10,001 pounds). 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. The schedule of limits shown does not provide coverage.The limits shown in the schedule are for information purposes only. Page 2 of 2 MCS-90 (03-20) Policy Number: 9313870 Transaction Effective Date: 04/21/2025