01/21/2004 Agreement
Cleltl of 1IIe
Circul coun
Danny L. Kolhage
Phone: 292-8550 Fax: 295-3668
Memnrandton
To:
Richard Collins,
County Attorney
Attn:
Jan Hotalen ~
Isabel C. DeSantis \Jf
Deputy Clerk
From:
Date:
Friday, January 23, 2004
At the meeting of January 21,2004, the BOCC approved the following:
Community Correctional Services Agreement between Monroe County, Florida
and Maximus Incorporated.
I hand-delivered a duplicate original of the above document to a representative
from Maximus the day of the BOCC Mtg. Also, on 1/22/04 Assistant County Attorney
Suzanne Hutton, requested that I fax to her a copy, as she needed to fax it to Judge
Ptomey. Should you have any questions concerning tbis matter, please do not hesitate to
contact me.
Copies: Finance
File ~
MAXIMUS
HELPING GOVERNMENT SERVE THE PEOPLE'
~
p. I';)
January 7, 2004
Ms. Suzanne Hutton
Assistant County Attorney
Monroe County
502 Whitehead Street - 3rd Floor
Key West, Florida 33040
Dear Ms. Hutton:
As you requested, enclosed are three (3) originals of the Service Agreement
between Monroe County, Florida and MAXIMUS, Inc executed by Steve Merrefield.
Sincerely,
Susan Bisho .
Executive ASS1
Correctional Services Division
1/~I/o4 - ~ ~ ~-~~ ;?t ~ M-fJ' ~
.M~~. c-o:r ~ct.<l..-- O.I::.'of.. ~ cAt.
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1051 CULPEPPER DRIVE I cONYERS,GA300941 770.761.7300 I 770.761.7344 FAX I WWW.MAXIMU5.cOM
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COMMUNITY CORRECTIONAL SERVICES AGREEMENT
BETWEEN MONROE COUNTY, FLORIDA AND MAXIMUS INCORPORATED
This AGREEMENT ("Agreement") is made this ..2./ $ day of J a..'"Y\... , 2004, by and
between MAXIMUS, Inc., with its principal place of business at 11419 Sunset Hills Road, Reston, VA
20190 and for the purposes of this Agreement at 1051 Culpepper Drive, Conyers, GA 30094
("MAXIMUS") and Monroe County, Florida ("County"), a political subdivision of the State of Florida, with its
principal place of business for the purposes of this Agreement at 1100 Simonton Street, Room 2-213, Key
West, Florida 33040
WHEREAS, the County has determined that a present need exists for certain community
correctional services for misdemeanor probationers, hereinafter referred to as the "Services", and
WHEREAS, the County is authorized to enter into this Agreement by the laws and regulations to
which the County is subject; and
WHEREAS, the County and MAXIMUS agree that the terms and conditions of this Agreement
apply to the Services purchased hereunder; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as
follows:
1. INTRODUCTION. The purpose of this Agreement is to set forth the Agreement between
MAXIMUS and the County concerning the Supervision Services that MAXIMUS agrees to provide the
County and the Sixteenth Judicial Circuit hereunder as referenced in County RFQ # 289-076-CA Y
2003/LC. Supervision Services for misdemeanor probationers are required by Florida Statute 948.15,
which sets forth the minimum of requirements to be specified in this agreement.
2. SERVICESITERM.
2.1 Services. MAXIMUS agrees to provide to the County and the County agrees that the Court
shall order Probationers to make the payment for the Services. All Services provided by MAXIMUS
hereunder shall be governed by this Agreement. Capitalized terms used in this Agreement refer to the
corresponding terms defined herein.
2.1.1 To the degree permitted by law and ordered by the Court, MAXIMUS shall:
2.1.1.1. Monitor and collect payments for fines, court costs and restitution.
2.1.1.2. Monitor compliance with conditions placed on referred cases as ordered by the court.
Face-to-face contacts shall, at a minimum, be established at the outset of the supervision and
prior to the final report to the Court regarding compliance with the order of probation. MAXIMUS'
probation personnel shall conduct such other face-to-face contacts as may be deemed necessary
or beneficial to the successful completion of probation.
2.1.1.3 Provide staff to attend Court to perform case intake on referred cases.
2.1.1.4 Provide weekly reports to the Court of collections made and remittances to Court. All
collected fine and cost payments shall be remitted on a weekly basis to the Clerk of the Court.
2.1.1.5 Confer with the Court staff, the Judges, and the State Attorney's and County Prosecutor's
offices on cases as appropriate.
1 2.1.1.6 Manage Probationer case limits and maintain a reasonable number of staff in each area
2 of the Florida Keys (Upper Keys, Middle Keys, and Lower Keys) in order to provide attention to all Court
3 ordered terms and conditions. MAXIMUS shall provide bilingual probation supervision services in each
4 area, with the minimum capability of Spanish in addition to English. MAXIMUS shall have sufficient staff to
5 supervise all misdemeanor probationers of the County Court of Monroe County, Florida. Due to the
6 physical configuration of the Florida Keys and the factors affecting travel and work in areas outside the
7 area of residency of many residents, with an office in each of the three areas, MAXIMUS shall determine
8 the degree of staffing needed in each area.
9
10 2.1.1.7 Employ professional probation personnel that meet or exceed the standards required by
11 the American Correctional Association as of January 1, 1991, and who have been cleared through a
12 criminal records check, as required by State Statute.
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14 2.1.1.8 Maintain appropriate records on Probationers.
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16 2.1.1.9 Monitor community service records.
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18 2.1.1.10 Report to the Court any and all violations of court-ordered conditions for any probationer
19 who is materially in violation of such conditions. Probation personnel shall make recommendations for
20 revocation of probation when the probationer has been arrested or a warrant issued for the probationer's
21 arrest and when multiple probation violations have occurred.
22
23 2.1.1.11 File petitions, warrants, and orders as directed by the Court. MAXIMUS shall coordinate
24 with the Court related to hearings. MAXIMUS shall provide testimony and supporting documentation as
25 may be required by the Court, and shall, upon disposition by the Court, assure that all required documents
26 are filed and take actions as ordered by the Court.
27
28 2.1.1.12 Provide oversight of any offender placed on pre-trial supervision program, provided such
29 cases are subject to the same conditions as other cases referred under this Agreement.
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31 2.1.1.13 Submit a weekly statement to the Court or its representative for the amount of Court
32 fines, costs and restitution ordered by the Court and collected by MAXIMUS from the Probationers. This
33 report shall provide to the Court collection data by area of the Florida Keys. A quarterly report
34 summarizing the collections and remittance activity by area shall also be provided to the County Attorney.
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36 2.1.1.14 Tender all fines, costs and restitution ordered by the Court and collected by MAXIMUS
37 weekly.
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39 2.1.1.15 Provide Electronic Monitoring ("EM") services as ordered by the court, with the expense
40 to be borne by the Probationer. The description of the Electronic Monitoring Services, the responsibilities
41 of both MAXIM US and the Court, as well as the level of notification for alerts are described in Exhibit A
42 attached hereto.
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44 2.1.1.16 Provide programs ("Programs") to Probationers when ordered by the Court. See Exhibit
45 B (MAXIMUS Programs Menu) for a description and pricing of the Programs offered.
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47 2.1.1.17 Provide random drug testing as ordered by the Court, with the expense to be borne by
48 the Probationer.
49
50 2.1.1.18 Comply with all laws regarding confidentiality of Probationer records.
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52 2.1.1.19 Maintain fine, restitution or court costs collected from the Probationers in an escrow
53 account without benefit or profit from said accounts.
54
55 2.1.1.20 Provide services based upon a sliding scale if the Probationer is determined to be
56 indigent by the Court following sentencing for up to 10% of the average daily population of active cases
57 referred, and at no cost for the probationers for whom the Court waives all fees due to extreme indigency.
58 The number of probationers for whom all fees may be waived is estimated to be less than 1 % of the total
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probationer population (probationers for whom services are required to be rendered under this
agreement). Should the number of probationers for whom the Court orders all fees waived exceed 3% of
the total probationer population, the parties shall work toward a mutually satisfactory solution including but
not limited to amendment of this agreement.
2.1.1.21 Provide to probationers, when needed, information regarding local resources for
employment and educational opportunities. MAXIMUS shall make available the Job readiness Program
described in Exhibit B to probationers who have not been ordered as a condition of probation but who
want to enroll in the program and pay its cost.
2.1.1.22 Maintain in each area an office to which probationers shall report, and which shall have
flexible hours, including hours after five PM on weekdays and hours on Saturdays as needed to ensure
that Probationers are able to report while maintaining employment.
2.1.2. Court. The Court shall provide the following:
2.1.2.1 Refer appropriate cases to MAXIMUS for community supervision.
2.1.2.2 Order each probationer to remit to MAXIMUS payment according to the services ordered
by the Court according to the Services noted in Section 3.2 of this Agreement. The Court shall enforce
payment and failure to pay shall be a violation of probation that may result in revocation.
2.1.2.3 Utilize pre-trial supervision program, EM and Programs if and when appropriate. Such
conditions may be ordered by the Court through the initial court order or as a result of an amended order
of the Court.
2.3 Term. The term of this Agreement is an initial period of Three (3) years commencing March
1, 2004, or at such earlier time as may be mutually agreed to by and between the County and MAXIMUS.
This Agreement, its terms and conditions, and authorized Exhibits and Amendments may be renewed at
the County's option for two succeeding periods of one-year each, provided County exercises these options
in writing at least thirty (30) days prior to the termination to this agreement or any extension hereof.
2.4 Termination. County may terminate this Agreement for cause by giving MAXIMUS written
notification of a breach, providing thirty days from the date of such notice for MAXIMUS to cure, and if not
cured, giving an additional seven (7) days written notice of termination of this agreement. Failure of the
County to exercise this provision for any breach does not constitute a continuing waiver of any subsequent
breach, whether of the same or other provision.
3. PAYMENT/PRICING.
3.1 Payment from Probationers. Any payments for specified services herein will be the sole
responsibility of the Probationer unless otherwise agreed by the County. Further, there may be additional
amounts that the Court may instruct MAXIMUS to collect (such as restitution, court fines and fees). As
used in this Agreement, the term "Probationer" shall mean the person actually receiving the services or
meaning the person actually being supervised, or participating in a Program or directly receiving or using
any other MAXIMUS service or equipment.
3.2 Pricing Table. The Services provided hereunder shall be priced according to the
following pricing table:
3.2.1 Application Fee for Intake Interview
$10.50
3.2.2 Basic Supervision Cost:
$50.00 per month
$20.00 per session
3.2.3 Standard Program/Class Cost:
3.2.4 Alcohol/Drug Testing:
$20.00 per test
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3.2.5 Risk! Needs Assessment:
$25.00 per assessment
3.2.6 Electronic Monitoring Cost:
3.2.6.1 Compliance Monitoring Program EM Unit):
$10.00 per day
$5.00 per day
$5.00 per day
3.2.6.2 Voice 10
3.2.6.3 Sobrietor Unit used with an EM unit:
3.2.7 Additional Services and Pricing are referenced in Exhibit B to this Agreement.
3.2.8 Any adjustment to this pricing shall be by mutual consent of MAXIMUS and the County and
shall be in writing and attached to this Agreement.
3.2.9 The application fee for intake interview includes a charge of Two Dollars and Fifty Cents
($2.50) to help defray part of the County's monitoring and oversight functions related to this Agreement,
and the basic supervision cost includes a charge of Five Dollars ($5.00) to help defray part of the
County's monitoring and oversight functions. These charges shall be remitted to County in the same
manner as fines and other Court fees collected from probationers.
4. LIMITATION OF LIABILITY.
4.1 Disclaimer of Warranty. MAXIMUS makes no warranties regarding the services or any
equipment provided hereunder. MAXIMUS excludes the warranties of merchantability and fitness of the
services or any equipment provided hereunder for a particular purpose. The foregoing warranties are in
lieu of all other warranties, expressed or implied.
4.2 Acts of Probationers. In no event does MAXIMUS assume any responsibility or liability for
acts that may be committed by probationers in connection with the services provided under this
Agreement, or for any damages caused by the County's failure to fulfill its responsibilities.
4.3 Damages. MAXIMUS covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners, and the officers and employees of the County and of the County and
Circuit Court for Monroe County, from any and all claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in connection with, or by reason of services
provided by MAXIMUS or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or
other wrongful act or omission of MAXIMUS or its Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere in this agreement.
4.4 Liability. MAXIMUS assumes no responsibility for the selection of participants for its
programs. The responsibility for placement is solely the responsibility of the referring agency or Court.
Termination of placement in any MAXIMUS program is also determined by the referring agency or Court.
Such termination may be defined by the term stated in a referral document, or upon special order. It is the
responsibility of MAXIMUS to inform the referring agency or Court of program violations during the term of
placement as determined by the agency or Court. The referring agency or court may determine that early
termination and other sanctions are required. Formal policy may be developed between referring agency
or court and MAXIMUS that pre-defines placement and termination conditions, provided such policy is
written and is consistent with the levels of authority defined in this statement.
5. PROPRIETARY INFORMATION AND TRADE SECRETS.
5.1 Agreement Not to Disclose. During the term of this Agreement and for a period of two (2)
years following the termination of this Agreement, for any reason whatsoever except as required by
applicable law, the County shall not disclose to any person or entity any information which is or has been
4
1 disclosed to it or of which it became aware as a consequence of or through its relationship with
2 MAXIMUS, which has value to MAXIMUS, and which is treated by MAXIMUS as "Proprietary Information,"
3 except in compliance with and pursuant to any public records law requiring disclosure. In addition, the
4 Court shall not, at any time while MAXIMUS is performing services for or on behalf of the Court and at all
5 times following the termination of its relationship with the Court for any reason whatsoever, disclose to any
6 person or entity except as may be required by applicable law, any Trade Secret of MAXIMUS. In those
7 instances in which applicable law requires the disclosure of information, the County and Court will inform
8 MAXIMUS of the request and information disclosed.
9
10 5.2 Proprietary Information. All Proprietary Information and all Trade Secrets received or
11 developed by MAXIMUS while MAXIMUS is performing services for or on behalf of the Court, are
12 confidential to and are and will remain the sole and exclusive property of MAXIMUS. The Court will hold
13 such Proprietary Information and Trade Secrets in trust and strictest confidence and will not use,
14 reproduce, distribute, disclose or otherwise disseminate the Proprietary Information or Trade Secrets or
15 any physical embodiments thereof and may, in no event, take any action causing or fail to take the action
16 necessary in order to prevent, any Proprietary Information and any Trade Secret to lose its character or
17 cease to qualify as Proprietary Information or as Trade Secrets. It is anticipated that MAXIMUS shall
18 convey to County very limited, if any, records containing proprietary information or trade secrets.
19
20 5.2.1 Definition of Proprietary Information. "Proprietary Information" means information
21 related to MAXIMUS (1) which derives economic value, actual or potential, from not being generally known
22 to or readily ascertainable by other persons who can obtain economic value from its disclosure or use; (2)
23 which is not generally known by MAXIMUS competitors; and (3) which is the subject of efforts that are
24 reasonable under the circumstances to maintain its secrecy. Proprietary Information also includes
25 information which has been disclosed to MAXIMUS by a third party and which MAXIMUS is obligated to
26 treat as confidential.
27
28 5.2.2 Definition of Trade Secrets. "Trade Secrets" shall include the whole or any portion of any
29 scientific or technical and non-technical data related to the formulas, patterns, designs, compilations,
30 programs, methods, techniques, drawings, processes, finances, actual or potential Courts and suppliers,
31 existing and future products and services, and employees of MAXIM US. Trade secrets also include
32 information which has been disclosed to MAXIMUS by a third party and which MAXIMUS is obligated to
33 treat as confidential.
34
35 6. INDEMNIFICATION. MAXIMUS will indemnify the County from and against all liability resulting
36 from the negligence or willful misconduct of MAXIMUS and its employees in the provision of Services
37 hereunder in accordance with paragraph 4.3 above. The County will indemnify MAXIMUS from and
38 against all liability resulting from the negligence or willful misconduct of the County and its employees in
39 the operation and use of the Services, subject to the limitations of Florida Statute Section 768.28. Further
40 the County agrees to indemnify MAXIMUS from and against all liability resulting from the acts committed
41 by the Probationers receiving Services hereunder, subject to the limitations of Florida Statute Section
42 766.28. The term "liability" includes but is not limited to legal fees and expenses, penalties and interest. In
43 no event, however, shall either party be responsible or liable for any indirect, special, punitive, incidental,
44 or consequential damages. This indemnification provision shall remain in effect even if this Agreement is
45 terminated.
46
47 7. FORCE MAJEURE. MAXIMUS shall not be liable for any delay in performance or
48 nonperformance which is due to causes beyond MAXIMUS' control, including, but not limited to, war, fire,
49 floods, sabotage, civil unrest, strikes, embargoes or other transportation delays, acts of God, acts of third
50 parties, acts of governmental authority or any agent or commission thereof, accident, breakdown of
51 equipment, differences with employees or similar or dissimilar causes beyond MAXIMUS' reasonable
52 control.
53
54 8. INSURANCE. MAXIMUS shall maintain comprehensive general liability insurance, including acts,
55 errors or omissions and contractual liability insurance, in an amount not less than $1,000,000. Prior to
56 commencing services under this agreement, MAXIMUS shall furnish to the County a Certificate of
57 Insurance or other evidence that the required insurance is in effect, and shall provide County, with
58 certificates of insurance for all new or renewal policies. The Monroe County Board of County
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Commissioners shall be named as Additional Insured on all policies other than the errors and omissions,
worker's compensation, and contractual portions issued to satisfy the above requirements. Certificates
shall be mailed to Bill Grumhaus, Monroe County Risk Manager, 1100 Simonton Street, Key West, FI.
33040.
9. NOTICES. Any notices or communications given or required in connection with this Agreement
shall be in writing and shall be deemed to have been given when sent by U.S. regular mail, postage
prepaid, to the other party at the address stated herein above and directed to the attention of the person
signing this Agreement, his successor, other designee or officer of the party. Notice sent by other means,
including by facsimile shall be deemed effective upon receipt.
Notification for MAXIMUS is: Steven P. Merrefield
Senior Vice President
1051 Culpepper Drive
Conyers, GA 30094
Phone: 770.761.7300
Fax: 770.761.7344
E-Mail:
Notification for the County is: John R. Collins
County Attorney
PO Box 1026
Key West, FI. 33041-1026
Phone: 305-292-3470
FAX: 305-292-3516
E-Mail: Collins-iohn<Ci>.monroecountv-f1.QoV
With a copy to:
A change in the address, telephone, facsimile number, or eOmail address of either party may be made in
the same manner as for giving of any other notice.
10. GENERAL.
10.1 No Assignments. Without the prior written consent from the County, MAXIMUS shall not
assign or transfer this Agreement.
10.2 Entire Agreement. The entire agreement between the parties with respect to the subject
matter hereof is contained in this Agreement, the Request for Qualifications and response thereto. Unless
contradicted by the terms of this agreement, the parties shall be bound by the provisions of the RFQ and
Response. To the extent the RFQ and response are contradicted by the language in this Agreement, this
Agreement supersedes all prior oral and written proposals and communications related to this Agreement
between the parties. No provision of this Agreement shall be deemed waived, amended or modified by
either party unless such waiver, amendment or modification is in writing and signed by the party against
whom the waiver, amendment or modification is claimed. This Agreement shall be binding upon and inure
to the benefit of the parties hereto, their permitted successors and assigns.
10.3 Severability. If a term, covenant, condition or provision of this Agreement 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
provision of this Agreement would prevent the accomplishment of the original intent of this Agreement.
6
1 The parties agree to reform the Agreement to replace any stricken provision with a valid provision that
2 comes as close as possible to the intent of the stricken provision.
3
4 10.4 Captions. The captions set forth herein are for convenience of reference only and shall not
5 define, modify, or limit any of the terms hereof.
6
7 10.5 Governing Law and Venue. This Agreement shall be governed by and construed in
8 accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely
9 in the State. Venue for any legal action which may arise out of or under this agreement shall be in Monroe
10 County, Florida.
11
12 10.5.1 Conflicts in interpretation. The parties agree that, in the event of conflicting
13 interpretations of the terms or a term of this Agreement by or between them, the issue shall be submitted
14 to mediation prior to the institution of any other legal proceeding.
15
16 10.5.2 Ajudication of Disputes and Disagreements. The parties agree that all disputes and
17 disagreements shall be attempted to be resolved by meet and confer sessions between representatives of
18 the parties. If no resolution can be agreed within thirty (30) days after the first meet and confer session,
19 the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the
20 issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to
21 seek such relief as may be provided by this Agreement or by Florida law.
22
23 10.5.3 Cooperation. In the event any administrative or legal proceeding is instituted against
24 either party relating to the formation, execution, performance, or breach of this Agreement, the parties
25 agree to participate, to the extent required by the other party, in all proceedings, hearings, processes,
26 meetings, and other activities related to the substance of this Agreement. The parties agree that neither
27 party shall be required to enter into any arbitration proceedings related to this Agreement or any
28 Attachment or Addendum to this Agreement.
29
30 10.5.4 Legal Obligations and Responsibilities; Non-delegation of Constitutional or
31 Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as relieving, any
32 party from any obligation or responsibility imposed upon the party by law except to the extent of actual and
33 timely performance thereof by the other party, in which case the performance may be offered in
34 satisfaction of the obligation or responsibility. Further this Agreement is not intended to authorize, nor
35 shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the County,
36 except to the extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the
37 provisions of Chapter 125, Florida Statutes.
38
39 10.6 Attorney's Fees and Costs. In the event any cause of action is initiated or defended by
40 any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
41 entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
42 against the non-prevailing party, and shall include reasonable attorney's fees, court costs, investigative,
43 and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
44 pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
45 customary procedures required by the circuit court of Monroe County.
46
47 10.7 Records. MAXIMUS shall maintain all books, records, and documents directly pertinent to
48 performance under this Agreement in accordance with generally accepted accounting principles,
49 consistently applied. Upon ten (10) business days written notice to the other party, representatives of
50 either party shall have access, at all reasonable times, to all the other party's books, records,
51 correspondence, instructions, receipts, vouchers and memoranda (excluding computer software)
52 pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal
53 audit. MAXIMUS shall retain all records required to be kept under this agreement for a minimum of five
54 years, and for at least four years after the termination of this agreement. MAXIMUS shall keep such
55 records as are necessary to document the performance of the agreement and expenses as incurred, and
56 give access to these records at the request of the County, the State of Florida or authorized agents and
57 representatives of said government bodies. It is the responsibility of MAXIM US to maintain appropriate
58 records to insure a proper accounting of all collections and remittances. MAXIM US shall be responsible
7
1 for repayment of any and all audit exceptions which are identified by the Auditor General for the State of
2 Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or
3 their agents and representatives.
4
5 10.7.1 Public Access. The parties shall allow and permit reasonable access to and inspection
6 of, all documents, papers, letters, or other materials subject to the Florida Public Records Law, as
7 provided in Chapter 119, Florida Statutes, and made or received by the parties, unless specifically
8 exempted by State Statute. County shall have the right to cancel this agreement upon violation of this
9 provision by MAXIM US.
10
11
12 10.8 Access to Program Records. Upon ten (10) business day's written notice to MAXIMUS,
13 MAXIMUS shall make available to the County or Court program records for Probationers subject to the
14 Court or the Court jurisdiction in connection with work performed with this Agreement.
15
16 10.9 Ethics Clause. MAXIMUS warrants that it has not employed, retained or otherwise had act
17 on its behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or
18 any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation
19 of the provision the County may, at its discretion terminate this agreement without liability and may also, at
20 its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any
21 fee, commission, percentage, gift, or consideration paid to the former or present County officer or
22 employee. County employees and officers are required to comply with the standards of conduct
23 delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
24 gifts, doing business with one's agency, unauthorized compensation, misuse of public position, conflicting
25 employment or contractual relationship, and disclosure of certain information.
26
27 10.10 Authority. MAXIM US warrants that it is authorized by law to engage in the performance
28 of the activities encompassed by the project herein described. Each of the signatories for MAXIMUS
29 below certifies and warrants that the Contractor's name in this agreement is the full name as designated
30 in its corporate; they are empowered to act and contract for MAXIMUS, and this agreement has been
31 approved by the Board of Directors of MAXIMUS or other appropriate authority.
32
33 10.11 Public Entity Crime Statement. A person or affiliate who has been placed on the
34 convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to
35 provide any goods or services to a public entity, may not submit a bid on a agreement with a public entity
36 for the construction or repair of a public building or public work, may not submit bids on leases of real
37 property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or
38 consultant under a agreement with any public entity, and may not transact business with any public entity
39 in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
40 months from the date of being placed on the convicted vendor list.
41
42 10.12 Anti-kickback. The Grantee warrants that no person has been employed or retained to
43 solicit or secure this agreement upon an agreement or understanding for a commission, percentage,
44 brokerage or contingent fee, and that no employee or officer of the County or TDC has any
45 interest, financially or otherwise, in the said funded project, except for general membership. For breach or
46 violation of this warranty, the Grantor shall have the right to annul this agreement without liability or, in its
47 discretion, to deduct from the agreement price or consideration, the full amount of such commission,
48 percentage, brokerage or contingent fee.
49
50 10.13 Modifications and Amendments. Any and all modifications of the terms of this
51 agreement shall be only amended in writing and executed by the Board of County Commissioners for
52 Monroe County and MAXIMUS.
53
54 10.14 Independent Contractor. At all times and for all purposes hereunder, MAXIMUS is an
55 independent contractor and not an employee of the Board of County Commissioners of Monroe County.
56 No statement contained in this agreement shall be construed as to find MAXIMUS or any of its employees,
57 contractors, servants or agents to the employees of the Board of County Commissioners of Monroe
8
1 County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe
2 County.
3
4 10.15 Compliance with Law. In carrying out its obligations under this agreement, MAXIMUS
5 shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of
6 this agreement, including those now in effect and hereafter adopted. Any violation of said statutes,
7 ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the
8 County to terminate this agreement immediately upon delivery of written notice of termination to
9 MAXIMUS.
10
11 10.16 Licensing and Permits. MAXIMUS warrants that it shall have, prior to commencement of
12 work under this agreement and at all times during said work, all required licenses and permits whether
13 federal, state, County or City.
14
15 10.17 Non-Discrimination. MAXIMUS shall not discriminate, in its employment practices and in
16 providing services hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry,
17 sexual orientation, gender identity or expression, familial status or age, and shall abide by all federal and
18 state laws regarding non-discrimination. Upon a determination by a court of competent jurisdiction that
19 such discrimination has occurred, this Agreement automatically terminates without any further action by
20 the County, effective the date of the court order. MAXIMUS is aware of the provisions of Section
21 13-1'" c.1s.r, Monroe County Code, relating to non-discrimination, and agrees to abide by the Code's non-
22 discrimination requirements.
23
24 10.18 Claims for State or Federal Aid. The parties agree that each shall be, and is,
25 empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
26 Agreement, provided that all applications, requests, grant proposals, and funding solicitations shall be
27 approved by each party prior to submission, and which approval shall not be unreasonable withheld.
28
29 10.19 Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
30 terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
31 entitlement to or benefit of any service or program contemplated hereunder, and the parties agree that
32 neither the County nor MAXIMUS or any officer, agent, or employee of each shall have the authority to
33 inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,
34 have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
35 community in general or for the purposes contemplated under this Agreement.
36
37 10.20 Attestations. MAXIMUS agrees to execute such documents as the County may
38 reasonably require, including a Drug-Free Workplace Statement, and a Public Entity Crime Statement.
39
40 10.21 Signatures of Parties Required. THIS AGREEMENT SHALL NOT BE EFFECTIVE
41 UNTIL EXECUTED BY BOTH PARTIES AND RECEIVED IN FINAL EXECUTED FORM BY AN
42 AUTHORIZED REPRESENTATIVE OF MAXIMUS AT ITS PRINCIPAL PLACE OF BUSINESS.
43
44 10.22 County Authority. By execution hereof the signer below hereby certifies that signer is duly
45 authorized to execute this Agreement on behalf of the Court.
46
47 10.23 No Personal Liability. No covenant or agreement contained herein shall be deemed to be
48 a covenant or agreement of any member, officer, agent or employee of the Board Of County
49 Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or
50 employee of the Board Of County Commissioners of Monroe County shall be liable personally on this
51 Agreement or be subject to any personal liability or accountability by reason of the execution of this
52 Agreement.
53
54 10.24 Execution in Counterparts. This Agreement may be executed in any number of
55 counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
56 one and the same instrument and any of the parties hereto may execute this Agreement by signing any
57 such counterpart.
9
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36
37
10.23 No Personal Liability. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of the Board Of County
Commissioners of Monroe County in his or her individual capacity and no member, officer, agent or
employee of the Board Of County Commissioners 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.
10.24 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.
WHEREFORE, the parties hereto have caused these presents to be executed on the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS OF
::~RI;~
MAYOR MU )( E. NELSON
Date: 1- ~ 1- 0 4
ATTEST: DANNY L~',KOLHAGE, CLERK
BY: ~~C. ~5f~
Deputy Clerk
Date: / - d)-f .. c/ $I
MAXIMUS, Inc.:
~~Q
By: ,...- z...L.o 0' .
Title: ~ v' (\6 ~Mc~
p.. /'Ilea i f ,:;( ~JJ
Date:
Printed Name: _ScC;::""tI.-,J
Date: (( <P (0 ~
10
1
2 EXHIBIT A: ELECTRONIC MONITORING SERVICES
3
4 COMMUNITY CORRECTIONAL SERVICES AGREEMENT
5 BehNeen
6 MAXIM US Incorporated (UMAXIMUS") and Monroe County, Florida
7
8
9
10 In addition to the terms and provisions set forth in the above referenced Agreement, the following
11 terms shall apply to all electronic monitoring services provided under the Agreement:
12
13
14 1. SERVICES AND RESPONSIBILITIES OF MAXIM US
15
16 1.1 Monitoring Services. MAXIMUS will provide the following monitoring services to the Court for
17 the Court's operation of an electronic monitoring program. The monitoring services provided hereunder
18 are specifically designed to determine by electronic means the presence of a person at a specified
19 location (typically that person's place of residence).
20
21 1.1.1 MAXIMUS will perform the functions of data entry and data storage for all properly enrolled
22 Probationers. The data entry function consists of the input of all required demographic, curfew, and
23 system configuration information on each case into the central host computer system.
M /
25 1.1.2 MAXIMUS will maintain twenty-four (24) hour, seven (7) days per \J/eek management of
26 Probationer data enrolled hereunder.
27
28 1.1.3 MAXIMUS will provide notification of Alert Conditions to authorized and identified Court's
29 staff. Alert notification will be in accordance with Section 2.1.5 herein or as agreed upon in writing by the
30 Court and MAXIMUS.
31
32 1 .1.4 Alert Condition and Equipment status information for each Probationer will be documented
33 and maintained by MAXIMUS.
34
35 1.1.5 Notification Options.
36
37 1.1.5.1 Compliance Monitoring Program Level. The Compliance Monitoring Program has as its
38 primary intent the non-immediate monitoring of compliance to ordered conditions. This program does
39 NOT provide 24-hour enforcement of conditions. This program is NOT recommended for high-risk
40 probation cases, if any. At this level of monitoring, the Court determines that next business day (or later as
41 determined by the Court) notification is acceptable on any and all violations incurred curing the monitoring
42 period.
43
44 1.1.5.2 Other Notification Levels. Because certain electronic monitoring equipment provides
45 round-the -clock monitoring, it is possible to increase the notification frequency for higher-risk cases. In
46 such cases the Court may desire more immediate notification; MAXIMUS will increase the level of
47 notification provided appropriate County personnel can be made available for response. The absence of
48 written notification procedures to the contrary, the Compliance Monitoring Level will apply.
49
50 1.2 Maintenance. MAXIM US shall maintain the Equipment at its expense. The Probationer shall
51 be responsible for lost or missing Equipment and/or the cost of required repairs necessitated by (i) the
52 Probationer's negligence or (ii) the damage or destruction of the Equipment by parties other than
53 MAXIMUS. The court will assist MAXIMUS in enforcement of this policy.
54
55 2. EQUIPMENT. MAXIMUS shall supply a sufficient quantity of Units to meet the Court's need subject to
56 forty-eight (48) hour notice prior to shipment.
57
58 3. MONITORING SYSTEM
11
1
2 3.1 Description. The monitoring system utilized hereunder is an active monitoring system
3 consisting of a Transmitter, an FMD and a central computer system. The Units communicate with the host
4 computer system through the Probationer's standard telephone service.
5
6 3.2 System Maintenance. The Court acknowledges that periodic maintenance on the host
7 computer system is required. During the performance of this maintenance, the system may be required to
8 be temporarily 'off-line'. The Court will be notified in advance of any such situation.
9
10 3.3 MAXIMUS expressly disclaims any warranty that any equipment provided hereunder is
11 impervious to tampering.
12
13 4. THE COURT'S OBLIGATIONS. The Court shall have the responsibility to:
14
15 4.1 Refer appropriate cases to MAXIMUS for supervision under as contemplated in this
16 Agreement.
17
18 4.2 Identify authorized personnel to which MAXIMUS may report violations.
19
20 4.3 Provide to MAXIMUS required Probationer case and curfew information and Court Order.
21
22 4.4 Identify and make available the Court's staff and/or Equipment (fax, pager) for the purpose of
23 notification by MAXIMUS to the Court of alerts and equipment status problems.
24
12
1
2
3
4
5
6
7
8
EXHIBIT B
MAXIMUS PROGRAMS MENU
COMMUNITY CORRECTIONAL SERVICES AGREEMENT
Between
MAXIM US INCORPORATED (UMAXIMUS") and
Monroe County, Florida
Domestic Violence
Program
24 modules
Anger Management
Program
8 modules
Standard Cognitive
Program
12 steps
Parenting & Family
Issues
12 modules
Job Readiness
6 modules
Responsible Living
8 modules
Domestic violence offenders
(separate male/female groups)
Pretrial, probation, parole, court
ordered or self-referrals
Basic Program is 24 modules +
orientation group + an individual
assessment.
Designed for use with adults who
have been involved in assault or
violence in non-domestic
situations and/or anyone who
has obvious difficulty dealing
with anger.
Developed for chronic offenders,
particularly those who have been
resistant and unsuccessful in
various other treatment
programs and/or who are at risk
of revocation. Appropriate for
those who have multiple alcohol
and drug offenses as well as
other repeat offenders.
Program designed for
enhancement of parenting skills.
This group is designed for
anyone who needs
enhancement with employment
or career skills
A program designed for first-time
misdemeanant offenders.
This is a cognitive-behavioral program. This
educational approach confronts batterer
beliefs and behaviors. The focus is on
power and control issues in domestic
relationships. Designed to comply with
content and length regulations for DV
programs. Groups are task-oriented with
each client working at an individual pace.
A cognitive-behavioral program that helps
the client to understand and manage
feelings and behaviors that accompanies
anger. In this group, the client will identify
stress and frustration levels and establish
goals and self-control plans.
A cognitive-behavioral program designed to
enhance social, moral and positive
behavioral growth in a progressive, step-by-
step fashion. This program addresses
criminal thinking patterns, relationship
issues, values, attitudes and decision-
making processes. The goal is to move
offenders from predominately pleasure and
pain reasoning to a higher level of social
rules orientation.
A cognitive-behavioral program designed to
teach parenting skills. Focuses on
children's values, problems, and developing
traits of a healthy family.
A cognitive-behavioral program focusing on
correcting faulty beliefs about work. Topics
include career identity, why people get jobs
and promotions and other issues related to
employment.
A cognitive-behavioral program that
challenges offenders to look at their
behavior and how it relates to their
involvement in the criminal justice system.
The program includes topics and exercises
regarding responsible budgeting;
appreciating, building, and maintaining
interpersonal relationships; self analysis of
behavior and value clarification; and the
development of short-term and long-term
oals.
$75.00 evaluation
assessment
$20.00 per group
session
$25.00 workbook
Open-ended
(Non-domestic
violence)
$20.00 per group
session
$10.00 workbook
o en-ended
$20.00 per group
session
$25.00 workbook
Open-ended
$20.00 per group
session
$15.00 workbook
o en-ended
$20.00 per group
session
$ 9.00 workbook
Open-ended
$20.00 per group
session
$10.00 workbook
Open-ended
13
Thinking for Good This program addresses This 10-module program is directed at $20 per group session
criminal thinking. Can be challenging criminal thinking, beliefs, $1 0 workbook
10 modules used with lesser grade attitudes, and behaviors. Addresses faulty
crimes. pattems of behavior using MRT personality Open-ended
stages.
Managing Money for This program is for clients This is a seven-hour, one time program $90
Financial Success who have had difficulties designed to assist clients with financial $5 workbook
managing their finances. issues. Topics include rating financial
7 hour program This can include, but is not behavior, looking at financial strengths and
limited to, clients convicted weaknesses, planning a budget, information
of writing bad checks or about obtaining and using credit, and more.
sho liftin .
CHOICES-Changing This program is for clients This is a seven-hour, one time program $90
How Often I Choose who are first time offenders designed to have clients assess some of the $5 workbook
Effective Solutions or are convicted of lesser choices they have made in their lives.
offenses and might not need Topics include listening, communication,
7 hour program a long-term program. responsibilities, dealing with conflict, goal
setting, choices and consequence, and
values.
Making Responsible This program is for clients This three-hour program is designed to have $45
Choices whose irresponsible acts clients explore what it means to be a $5 workbook
have resulted in violations of responsible person.
3 hour program the law or violations of
societal rules.
SAFE-Smoking This program was designed This four-hour program is designed to $60
Alternatives and for juveniles. inform juveniles about the risks and dangers
Future Effects of smoking, both to themselves and to
others.
4 hour program
Groups subject to availability
,..
ACORD", CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYI
01115/(14
PRODUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MARSH USA INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
12:iS 23rd STF:EET, NW HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEN D OR
SUITE liDO ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
WASHINGTON. DC 20031 COMPANIES AFFORDING COVERAGE
Altn: PATTY MUNIZ 202 263 1600 -.,.,.--"
..- COMI'ANY
500625-GPROF-ONL Y- A FEDF.;RAL INSURANCE CO
-.-..- .. 00 .'. .........__.
II'lSUl-lI:'C> COMI'''NV
MAXIMUS, INC.. AND ALL SUBSIDIARIES B ATLANTIC MUTUAL INSURANCE COMPANY
11419 SUNSET HILLS ROAD -.------.--..-...." .-... ..... .. ...........----
RESTON, VA 7.0190 COMP"NY
C EXECUTIVE RISK SPECIALTY INSURANCE COMPANY
-_....
COMP^NY
0
COVERAGES This certificate supersedes and replaces any previously iss\led certific<lte, 2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE eEEN ISSUED YO 'I.Hf. INSVI{I;;I~ NAM[;;D A[}OVC rOR TH[ POLICY PCRIOD
INDICATED. NOTWITf'15TANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMF.NT WITH r~ESPECr 'ra WHICH TlilS
CERTIFICATE MAY BE I~Sl)F.D OR MAV PERTAIN, T~IF.: INSURANCE AF;:-ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLlCI~S. ^GGr~I"GA'I'I., I.IMITS SI-IOWN M",Y tlAV[ [1[[N RCDUCED BY PAID CLAIMS.
~-r------._- ,. -. .., .. .. . . .-.-.-.. .--... .
POLICY NUMIlCR I'OI)CV I:~H:CTIV~ rOLlCY ~)(PIRATION LIMITS
LTR TYrc or INSURANCC DATE (114 MIDDIYY) OATI'It.lM/DI),YVI
I
GENf.flAL L1AIlILrry C,FNFRAI. AC,(.;RF(.;ATF $ 2,000,000
f-- 04/01/03 04/01104 ~Q.Q.U_C.lS-=-C9M~OI'.~CC I $
A X COMMt:HCIAL Gt:Nt:HAL lIAIlILlTY 3537-42,97 2,000,000
.,..n_n. ~ CLAIM!; MADC ~ OCCUR ......---
- "t:H:iONAL I> ADV INJURY : $ 1,000.000
- OWNI'R'S & CI)NTRl>,ClOk'S I'HO r CACH OCCURRCNCr: i$ 1 ,000,000
..".'".-..- I FIRF DAMAGF:. (Any. O':~..~!.~Li $ 1.000.000
-
: Mt:O loX" (l>,ny one person I $ 10,000
I AUTOMOElILF L1ARILlTY I COMBINCD SINGLC LIMIT $ 1.000.000
A ANY AUTO 74978992(AOS) 04/01/03 04/01104 ,
". ,_O_h.'__
A ~ ALL OWN[O ^l.ITOf> 74!l78!l!l3 (rX) 04/01/03 04/01104 , BODILY INJURY $
A SCHl:lJUU:l1 AU 10S 74978994 (VA) 04/01/03 04/01104 ' (I'er peroon)
,- -- . - . .... ._-,------
X J HfnCD AUTOS 1:I0DIL Y INJUHY $
--.-- (Per ilc.cll,"lcnt)
~ NON-0WNeO AUTOr,
...... .. . PROPFRTY DAMAGF $
GARAGe LIADlLlTY _~lIIn_ONI 'I.,., FA ACCIDFNT $
.....-....---..
ANY AUTO l) rHt'''THAN~UTO_O.~Ly',---_
CACH ACCIDCNT $
I---
AG(.;Rr.GATF. $
f-xr::...% LlAHILllV CACI i OCCURRENCE -_.~ 5,000,000
xl UP-'enaLA FonM .. .--.----
A 7Di"I-OS-6:, 04/01/03 (Mill 1104 AGGRCGATC $ 5,000.000
\ .'-,----
i OTHeR THAN UMtlRCLLA ronM I $
I WORKERS COMrENSATION AND X I 'r'z,~1l~JI~S I I VII<-
fMI'I.()VH<S'LIAHIUIY CR
B 400-53-13-82 (OR,WI) 04/01/03 04101104 CAel1 ACCIOFNT $ .--~6o'o':.6uo-
8 ' "'H~ I-'f<Of-'l-lI':: I OKI ~ INt:L 400-53-13,83 (AOS) 04/01/03 04/01/04 f)!SEIISE - POLICY lIMII' S 1.000,000
P^RTNFR:;/~);FC\.lTIVI' ....-
OFFICCRr, ARr: CXCL OI:;t:ASI:: - eACH CMrLOyeC S 1.000,000
0'1 H~I{
C PROFESSIONAL L1AG 81135-714G 05/01/03 05/01/04 1.000,000
DEscmrTION or- OPCRATIONSILOCATlONSNCHICLCSISPECIAL ITEMS
CERTIFICATE HOLDER IS ADDITIONAL INSUREI) IN RESPECT OF GENERAL LIABILITY AS REQUIRED DY CONTRACT.
CERTIFI';.\TE HOLDER CLE-001187140-04 CANCELLATION
SHOULD .....IY Of I'HI:: AlIOV!: Dl:SCRIBED POLICIES BE CANCELLED BEFORE TlIC
t:XPIRATlON DATE THEREOr, THE INSURANCC COMPANY WILL CNOEAVOR TO MAIL
MONROE COl)N"I'Y, FlOR.IDA _~~_ DAYS WRITTeN NOTICe TO THC CERTI"ICMf' HOI.I)~H NAMtOD TO THE LEFT,
ATTN: GILL GRUMHAUS
MONROE COUNTY RISK MANAGE:R DUT FAILURE TO MAIL SUCH NO'I'IC~ ~HALL IMPOSE NO OBLIGATION OR UI\[lIL1TY OF
1100 SIMONTON STREET ANY KIN!) 1.lI'ON 'rH~ COMPANY, ITS AGENTS OR f1C~RCSCNTATIVCS.
KEy WI;ST, FL 33040
IlllrHJlIllClIlID~>>ltl<J)mI\tll( MAH~H U~A INC.
Timothy M, Sasser
ACORD 25 (1/95) ffJ ACORD CORPORATION 1968 I
1 . d
2vEv-SS2 fSOE)
'.~~~Q.4~~,1~
h~unOJ ao~uow eSl:ll VO 12 uer
COMMERCIAL AUTO
CA 00 (II 0797
BUSINESS AlJ'rO COVERAGE FORM
V~lriOlIS prOViSI()n~; ill Ihls pnlicy rc~;lrid c()vera~s, l~ead
the entire pol icy ,:a rc fully to determine rights, dutl coS
and what i~ :Jnd i:, not l:O\'..::red.
SECTION r - COVERED AllTOS
Throllgh()(lI this p()licy the words "you" and "YOUI" rdcr
to the Named Insurcc..l ShU\V11 111 the l)edarallul1s. The
words "wc", "u:-:' <lnd "our" rclcr lu Ihe Company provid-
ing Ihi~; insumncc.
Item l\\() or the I )<.;c:lar:lliOIlS show:; till': "al1lu~" thaI are
covered "autos" rur c;lch or yom (ovcr~'gcs, Th~: follow-
in!~ IlUl11cric,Li symbols lh:scribc Ihc "aLllO~' that muy b<.:
covered "autos". The symbols cntl:rcd !lext to :1 cover-
age on the DI:(;larations cksigl1at~ the only "autos" that
,1((' covcr,~d ";l\.110s".
Other words alld phrases thac appc:lr in quotation Illarb
have special n1l~<lHing. K~~r~~r to Sectiun V Dc!initi()I1:;,
Symbol
Any "AU1,~l"
2
Own..:<.I"AuIO:O:'
Only
J
Owned Private
Pass~:T1gcr
''Autos' Only
4
Owned "AUHls"
OthnThan Pri-
vate Pa:$scnger
"Autos' Only
:5
Owno.:d "Autos"
Subje.ct To No,
F milt
6
O\"n~~d "^Ilt()~'
Subjcct. To ^
COll1plJ I :;(,ry
Uninsured
MOlurtsts Law
7
Specifically De-
sCI'ibcJ "Auto:,"
~
l-lired"Autm;"
Only
9
NOI\-OWIW<1
"Autos" Only
CA 00 0] 07 en
c'd
A. Dl~SCripti()1l Of Covcn~d Auto Designation S)'mbols
I.)cs<:ription Of Covered Auto Lh.~si~naliolJ S)'lllhol.~
Only those "autos" you own (and for Liability Cover~lge any "trailers" you don't own while
attachcd to power units you OWl1). This inclulks those "aut.()~;" )'OLl .lCquirc own(,)r~hjr of :Jf~
tel' the policy begins.
Ollly the prjv,lte passenger "autos" you <J\V1l. This includes thos~~ priv<lte pa~cn~cl' "aut(~S"
yOll anwir,' own<~,"Ship of after the policy begins.
Only those "autos" you OWll thaI' arc not of the private passen.l.:el' type (and for Li,lbilily
Covcragl: .llIy"trailcrs" YOll dOll" own while attached to power lUllls you own), This in-
dllde~ Ihl1Sl~ ",.ul0s" not or the private rasscnger tJlle YOll tlcqllil'(~ OW!l/;"ship of :Jfl:cr the
the policy begins.
Only chose "aulos" YOII uwn tll:H are required tl) It:lV'; No.Fault bend-its in the Slate whl~rc
they arc licensed or principally gJragcc!, This includes those "aulos" you ,ll.:qu;re ownership
or alkr lhe p()lit~y begins provided they :ltC required to h:1Vl' N()..Fault bt'ndils j]l Ih~, st:..lte
where they arc licensed or pnncip:!lIy I~aragcd_
Only thos~~ ";lutOs" you o\\-n I.hat hec<lusc or the law in the stat(' wh\~rc they arc licensed lH
principally g,lraged ar.; required to have .wt! C;mllot reject Uninsured Motorists Covl..'rage.
This inclucks those ",lutOs" you acquire owner:;hip llr "flel' the policy begins prtlvidcd they
are ~lIbject to thc same ~Iate uninsured mor.orists t'l;,quircment.
Only chos~~ "allto~' lkscrihcd in Item Tl1ret. or rht~ Dedi.mllians t()r whieh 1I prcmium
charge is shown (and for Liability Coverage any "tr~likrs" you dun'. own whil~ att~lched to
an)' power unit described ill Item Three).
Only those "autos" you lease, hire, rent 01' borrow, This docs not include any "auIo" yOll
lease, hire, rent, or borrow Ii-om any or your "employces", partlll:I'S, (if YOIl arc:J partner-
ship). rm:mbers (i r you are a Ii milcd liability comr,II1Y) or members or their household:;;,
Only those "autos' you uo not own. ICJ~c, hire, rent or borrow that arc llsed in connection
with your bu~incss. This includes "autos" owned by your "crnpJ()ye\~:,". partners (if you arc a
parlnership), membcrs(if YOll are a limited liabilitycomr~ln)'), or members of their hOllsc-
holus but only while llsed in yOllr business or your personal <If;lairs.
coriYl'jg,hr. Insurance ScrviccsDffiec, Inc" 1996
P:~gc 101' 10 []
c","E","-SSc rSOEl
es 1 : 11 "'"0 12 ue["
r;:;~uno:J ao..Juoj.j
B. OWll~~d ^lIt(l~ You Acquire After The PnlicJ Hl'gins
I. I f Symbol s 1. 2,3,4, 5' or 6 are c ntcrcd llL'xt to
a c~Y\.:r.l),.:c in Itern -)'wo of lhe Declarations,
[hen you 1\:1\'<': COVCI'ilgC for "autos" [I\al you (lC-
quire of'lhc typ!.: d~'scribed ror Ihe n:mainJer or
the polk)' pcri(\(1.
2. BUI, i r Symbol 7 \~ ('ntcrl't! Itext to a coveragc
111 flCIl1 Two 01"111,: Ikclar:lliollS, an "aulo" YOll
;hYI\li rc wi lJ bl~ :\ (:(l\'C rcd ":.1l110" lor that CovCI'-
t1~C ollly If':
:I. We alre.IJy co\'cr all "autos" lhat you ()wn
lor lbat coverage 01' it repl;;lccS .11' "ault\"
you previously ()I,'~'ed that had that. cover-
al~l\ and
b. 'r'<t1, k'll llS \\jehirl JO days aller you ;'IC-
qlJirc il IlIal .~'Oll Walllll5 10 (;OV~~I' (II<-ir that
coverage_
C. Ce.rtain Tr'ailers, Mohile 1':quipml'lIt ,\11<1 'rl~mp().
nil)' Substitute Autos
[I' Liability Coverage is prm'iJcd by this Coverage
Form, the (ollowin:,.; tYP'-:$ of whicles arc also cov-
ered "uutos"l(lI' L,jahility C()v(!ra,.~c:
I. "Tr:l i krs" with a 10:1(1 capacity of 2.l>OO pounds
or I css dcsi~~lh;d pri rllari ly ti:H travel Oil public
rO<ld:-;.
2. "Mobile L'(juipme.lll" whik being carriecJ or
lowl.:d by a covered "aUlo",
3. Any "auto" you do not own while used with the
p.-:rmi:;:;ion or ib O\\1lL;r uS " tl.:ruporary subSI;-
l.ulL.' II)r a covl..:reJ "auto" y()u 0.....11 th:lt is out or
service bCeallSL.' O(ils: '
a. Br!.:aktlown;
h, Repair:
0.:. SI,; fvi ci "!:;
d. "1...('SS"; Of'
e. Destruction.
SECTION II - LIABILITY COVERAGE
A. Covcr:'lgl.'
We will ruy all sums un "msurc,r' legally ITIlJ$tpay
3S damages because of "bodily injury' or "property
damage" to wl1idl this InSIlf";lnCe applies. caused by
:111 "accident." :lnu rcslltllng Irom the ownership,
maintenance or use 01'..1 covered "auto".
Wc will :\Iso pay all $UIn" ..HI "insured' legally must
pay as " ''L;overed pollution Cost or cxpcn~c" to
which Ihis in~:lIrancc applies. caused by an "aed.
dent" and resulling from the ownership, maintc-
n..\ncc ur lIse of t'overL,d "autos". However. we will
only pay 1(.)1' Ihe "covered !X11IlltioJJ cost or exp(;I1:-;e"
if there is (~ithcf' "bodily in.i~'U-:JI' 0" "properlY dam-
age" to which this insurance apr1ies that is c,luscd
by the same "accid(;nl",
E'd
2H>v- SS2 r SOE)
We have th~ ril~hl :.1 I\(I duty to dcfi.:nd any "insure,
ag.ainsl " "sllit" "asking fol' ~:uch d,lm,q;cs or a "ell
cr~d pollution cnst ~~r expense", 1..lowe\.'<:I', we hill
no dUlY to dcl'cnd any "insurc(f' ..lg:Jinst :1 "sui
scding damages f()r "bodily injury" or "rropcl'
damage" or a "covl,rcd pollutloll cost or expense"
whid) lhi:.; ilbUl'anCC docs not ;'ipply, \Vc may invc
lii,'.:ttc :.In<l s(~ttlc anv claim or '\uil" as we consid,
<t;;proj)l'I;)lC. OUI' - dUlY If) ("'fend nf sCllk en,
when the Li::Jhilil)' C'o\'l:r:lge Limit of Insurance h
been exhausted by P;IYIll~:nI or jud~~ll1cn(s 01' senl
m<:nts.
1. \\'11<1 Is An Inslln~d
'fIll; fi)llowin,: <1rl~ "ill:-;lJro..:d~":
a. You ror any coven.:d "~luto".
h. ..\nyorll' ('!se whik \I:;ing Wilh YOLIT' p(
mission a covered ":.IU10" YOII (\\\1'. hirl~
bon'owexcept:
(I) The owner or anyone else ii'om wile
you hin: or borrow II covered "~l ute
'rhis l.:x(;l:plion dOL:s nol apply if tl
covered "auto" i~ n "trailer" cOJm~~ct'
10 <I coverl.:d "auw" YOll Own.
(2) YOllr "cmrloyce" il" the coycred ''<11I1
is owned by that "employee" or
member u( hi:; or IIcr hOllsehold.
(3) SOlllcorH: llsillg a c(,,,en:d "auto" wh
he or she is working in a business
selling, scrvj,:in,~, rcp,liring. pMkiug
storing "aUllIS" UJ1Ic~s that busirlcss
yours.
(4) Anyone llthcr than your "cmployee
r..lftncrs (if YOll me a parlnL'rshi:
mcmhL~r~ (if YOll art~ CI limited habi)
cornp<1I1Y). or tI Ics~ce or borrower
any or their''..: Illployccs", while movi
prope rty 10 or from :.1 covered "auto"
(5) A paJ1r1~r ( if you arc it p:mnership),
<l melllba (if you :11'':'' a limited hat
ily company) le,ll' ::l (;(lv~rcd "auto" 01'
0..:([ bv him or hl..T Or a lfll:mbcr of I
or h~r h('L1schold.
c. Any()n~ linbll.: Ii)r the L:ondLlCl or un ":
~urC(r' dcscribc{1 :l bov,~ but only ro the (
lenl of that liability.
2. COVCr:l~C Extensi()n~
~l. Suppkmenfar)' 1')aymcnCs
In addilil)lI lU lilt: Limi.l of Insurance.
will pay r(H tbc "inslIl'ccr':
(1) All cXp\~nSl~S w(' incur,
h~uno:J ao...uow
~S 1 : 11 VO 12 U~L
(2) tip 11.' :t2.000 I(~J' Cl)sl of bail bonds (111,
(;~LlJing bo:JLh,b b; rdllt\:d lr,)flic lilw
Vltll:llw:l<' r<:qUtrl~l1 bl~Ci!lI~~ ,~f ~In ";H:'
c'dc.n:" ~"C con::r. w~. do 11(11 h,ive \()
ftlrtli~Jl ;h,';:l: 1~\\mL.
?,' Conrnll::1unl
L.i,lhi1itv :.J:-:~:um~J IJmk~1' :Iny contracl or a::"I'l'(;'
IrlOlI,
(]) 'I he .;,>"t of l:,c-Iltb In n::1 <':lJ:,l.: I!ltadr
m;:;JI~ ill ;\fl\' "~I:;( :JPlillst Ih... "in..
mrcd"wl' d~:ko~1, bw''oll,y H',T h,I:"j
<ll1hmnt, \v,lhi:l \)1I:' Lillll: (,1' l'l~l.IranCc.
i:~1I11bi:-> ,;;;,.:llISiull (h~::~ 1101 :~pp],: to liatHlily iu:'
:1:1 ,lIa!.':,,:s:
a. ..'i;;sun:1;:d in ., (,"J111I'act or ;ll:!rCCnl..'nllh,1'1 i'~
,,\0 "iJl.~llr,'d .:mllr,ld' pmvid..:t1 ',i1," h,-,(!i;y
lll,'ury" or "pl'Or,,'.ri.y d1fn:I:",," ll'<~,'U"" s'ub,.c,
quem [n th..... c.::,\;ClJll,"1 ,-,1' die conrrdC~ ,>r
~1:e1'l..'C frH')!r: (~r
b. Th,11 tl,... "i,I:o.ulcJ" \....I)lIld hav,~ in 111.:: llb-
so.:nCl: 01' llil~ ~~~;lItr<lct ~H l-L~r.;~m,~w.
;~. \\'orkcn' CQmpt'ns.1tiOtl
Any ob!ig.llj'.l11 I;,,. ",l1ieh the "in,uTI,'"f' (,,' 11,.,,-
'insll(~d'~" i,lS!" (;, In.;V lx bdd li"hlc url"~r' <11\\
workers' cll.mpensnw;n, di~~li:'l(il) l'C:'I~;lil, ";
LlnCmrIO}1m:nl a'mpl'll~all()n 1;1\\' Ill' <In?,' ~imi-
Lu law_
4. F.mplt,~.t't. Illd(~mTlitic:ation And ElIIr"oy\'r~ 1 ,I'
ahiWy
(,I) ,td! I'~a;'(';lab]: C';.:p,,'l1;;C', ':I1'~lJrrcd hy
thl.:"ins:..tr,:d' ;11. 0\11 1~'qIJ<..:~l. iJ,<::.ILLding
actual kl~~, ,.\r~~i1rtlj Ilk; up 10$250 ., day
bc:r;l use (if time olr l'wm v"1..\rk,
(~) 1\1J (;()S;,. I;lx(:d ;Jt~:Jin';t the "h"U:l.'if m
lJ.ll)' ",,\.lit' i.l,~~ljLEl tho' "ill),:lrn:tr' .".c de-
fend,
((.) ,t, II iJlh:r<,~n ~'Il lh~ till! am(;l,nt 01' ;'n~'
jLJJ~l:l(;1l1 (h<ll ;l(':~~rH~(; ,l1lr~,. Gnlf',' (.,'
the jud,~~rncnt iL ;(lIY "~;Ull~' a~(lin~t the
"11l,:unHf' ...."~ J"knJ, bllt our dl,liy 10
r;IY i.nccrcs~ t:'mb wllt:1l Wl' 1:1"',.,, p,nd..
<.:lli:rcd h\ pilY ()I' deposiled ill coun (!Il'
pan (If the ju,lgmcnl lh~l :s wilb:ll \.llll'
r ,i mi ll," In!';mance,
"Uodi I,y in.illr~/' 10:
a. ,,'\n "cmpluy<.~c" (If fh.~"i n~UI'Ltl.. <!rising uul
of ~!ld in th", COli r~1.: oj:
b. Out-Of-StZltc C\"'l: na~:l' 1':xtl~IL~ion:;
(I) Eml'[o}'m~'nl by 1'j(,""ill~urc:J": or
'While 11 cnvcn:.,J "aliI'"'' i~ :1'\'\'::1)" lFOI[1 11:<;:
sl~ll~ WJlcre Lt ($ h:cn:;..:d ,....:: \'.i II:
P) P,'rk.rrnillc' Ih(' .1lllic~ rl:bll~d 1" H",
C()n.dtICII,t\lu~ "il~surcd Y' L"'lIsim;.;,: 0:'
(I) ln~!'cn<;c :hc Limil oj' ln~\LnL[~Cl' [~1l Li-
:ihiJily Ct)\,cl'a~~ W mc,:t th::' limll~
spccili~:ll b)' 1I <:oHlpul~)I';- 01' tln:lJ\ci"l
l\~~p'~'nsibilily law ur 111t.~ .1111j",h~:ll\lII
';',:her: :hc cO.....l.:rt.d ":I\lln" i.s bc:jl)[; Ilsed.
I'liis ,~:o:1t'll~il)n docs not appl.y 10 tit..:
li,..,il (W limil~ ~p,?~ificd by ~my 1.:1\\0"
J~l,~\tt:l I,jrq; Inotor carri~rs (it .r~,I.!;~t'~ni~c::::'r:-;
()I' p n)pc rty
b. '[~I.: S[1o:.J:::e. child. pUI'I.:nl, broll1N or SolSl(-]
of that "I.:rnpluycc" ..~ a C('IlSCqIlCI\"-:C (l
P:a\I,gr,\ph :I. ~'.b(.lvc.
Tb.is exclusion :Lprh~s:
(l) \VhClh.::"1' t"lC "illsun:t1' ln~li h<;; liirlll (.; a:
all cmplo}'l.:r' 01' ,,' MIY ,jthcT c<Tuej[),
~md
(2, Pl'Ovide tJJe minltnum a1Tl()lIm~ aul
types 0" OLIICI' <,:')'..(:n)gc~, Slldl itS mI-
l:, ulc, r~q~Ilr'cd of ()U~-,of-s~ar-: v('.hic.k,:;
by tr.~ .j:urj~;.c:liciioT1 whc,'1.: Ihe covered
"[[ulO" I!;. h{:i 11gu<c(L
(2) '['.1 an)' nhtigmLon t,) :iIBr~ (.bIlI~H~l':
,....ith (11' n:pay someOrle ~l~<, W/-(' 1..11"
p;lydil'flagcs [)C';IU~c 01'1110.1 ;rdllry.
V'....e wfl not pny ar.y(\nc rm:m.: 1ha~l (Ilh,~e-
ior th.:: ~amc ~i<;lTlrHls ,)1 lo~" he.causc of
thcs.: c~tCn:,iNl'~;.
I3ul lhi~ e-,c1u~;i'r'l) (jOt.~ n','1 ,lrrly [0 "GoJjl~' in
jt.:T)" In ul)mesli.; "eln]>!,l;;,.::,:' n';lI entitled t(
1'\.~.1rkcrs' compcu",HilHl h"::l\c1it~ 01' lv ]i,..t-tlll:
aSSllm'~ri hy 1,IIC "Ill:,un:U" ll:lder an '''in~ur<.'(
conlr:,cL', I'or the pllrpj)~(~~ nf tlh~ Cl',vr;:r:!f!'
flll'III, :, dO!n-::stic "c:mployt(;" is a pcroon .;n
gJgl.:41 in hou';'cl\old tJr <lOlllcS~,C ","{irk pI.: l'
formed I,ri l'l~ip(dl~ i.n COlUlccti,lll 1\"1111 ,I reSl
d"fH:"~ ~lrf~!lIjs~<:;_
n. ":~ehl~iofll>
Thi~ in~uranl:(~ r.I'H~' 11"1 :}I'pl}' te, any nf [h~ lilll.,w-
]~: ~
1. J::).Jl'Ci:"l.eu (kltltl,.'IIded Injlll)'
1-'(';111'1w F,mplnYH'
"Hild.il}" ia)ury' or "pwp<;:riy d~lfll<'!!-C" cxpcc(.::d
or Inlended 1i'Orll Ill.; ~;t,tntlp()inl (J[ th~ "ill-
5ured",
"R1xli:).- !I1jur~/' 10 :lny fcllo'.l' '\'rnploye.;:" lOr th
";n>;lIrC!d' .'\rtldllgo"l ol'and inche ccol1r,;., "I' If!
tdhlW "cl1Iploy-cc't' cmplo:.mc;nl Ill' wldc per
formin.g dutit:::l rclat~l1 trl the c(mJuc: or you
business.
c." 1100107 97
CL)pyripllt. 1 Il;'-;U,/, 0:. nee Service~..Qffko. hlC_. J9<}1.'
J>~9;C :3 of 10 r'
-v'd
2-vE-v-SS2 rSOEl
~....uno:J ao....uoj.J
eSl=11 -vO 12 uer
ACORDTM
DATE (MM/DDIYY)
01/15/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PRODUCER
MARSH USA INC.
1255 23rd STREET, NW
SU ITE 400
WASHINGTON, DC 20037
Attn: PATTY MUNIZ 2022637600
500625-0PROF-ONL Y-
COMPANY
A FEDERAL INSURANCE CO
INSURED
MAXIMUS, INC., AND ALL SUBSIDIARIES
11419 SUNSET HILLS ROAD
RESTON, VA 20190
COMPANY
B ATLANTIC MUTUAL INSURANCE COMPANY
COMPANY
C EXECUTIVE RISK SPECIALTY INSURANCE COMPANY
COMPANY
o
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIDDIYY) DATE (MM/DDIYYI
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY 3537-42-97 04/01/03 04/01/04 PRODUCTS-COM~OPAGG $ 2,000,000
CLAIMS MADE [K] OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone fire) $ 1,000,000
MED EXP (Anyone person) $ 10,000
AUTOMOBILE LIABILITY $ 1,000,000
COMBINED SINGLE LIMIT
A ANY AUTO 74978992(AOS) 04/01/03 04/01/04
A X ALL OWNED AUTOS 74978993 (TX) 04/01/03 04/01/04 BODILY INJURY $
A SCHEDULED AUTOS 74978994 (VA) 04/01/03 04/01/04 (Per person)
X HIRED AUTOS
X NON-OWNED AUTOS
AP
Y
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
DATE
ANY AUTO OTHER THAN AUTO ONLY:
WAIVER EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE 5,000,000
A X UMBRELLA FORM 7977 -05-65 04/01/03 04/01/04 AGGREGATE 5,000,000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND X
EMPLOYERS' LIABILITY
B 400-53-13-82 (OR,WI) 04/01/03 04/01/04
B THE PROPRIETOR! X INCL 400.53-13-83 (AOS) 04/01/03 04/01/04 DISEASE - POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $
THER
C PROFESSIONAL L1AB 8165-7146 05/01/03 05/01/04 1,000,000
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER IS ADDITIONAL INSURED IN RESPECT OF GENERAL LIABILITY AS REQUIRED BY CONTRACT.
MONROE COUNTY, FLORIDA
ATTN: BILL GRUMHAUS
MONROE COUNTY RISK MANAGER
1100 SIMONTON STREET
KEY WEST, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL
_~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
lQIXMIlRID<IX~ MARSH USA INC.
Timothy M. Sasser
COMMERCIAL AUTO
CA 00 0 I 07 97
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. Read
the entire policy carefully (0 determine rights, duties
and what is and is not covered.
SECTION I - COVERED AUTOS
Throughout this policy the words "you" and "your" refer
to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the Company provid-
ing this insurance.
Item Tvvo of the Declarations shows the "autos" that are
covered "autos" f{)r each of your coverages. The follow-
ing numerical symbols describe the "autos" that may be
covered "autos". The symbols entered next to a cover-
age on the Declarations designate the only "autos" that
are covered "autos".
Other words and phrases that appear in quotation marks
have special meaning. Refer to Section V Definitions.
Symbol
Any "Auto"
2
Ovvned "Autos"
Only
3
Owned Private
Passenger
"Autos" Only
4
Owned "Autos"
Other Than Pri-
vate Passenger
"Autos" Only
5
OW11ed "Autos"
Subject To No-
Fault
6
Owned "Autos"
Subject To A
Compulsory
Uninsured
Motorists Law
7
Specifically De-
scribed "Autos"
8
Hired "Autos"
Only
9
Non-Owned
"Autos" Only
CA 000107 97
A. Description Of Covered Auto Designation Symbols
Description Of Covered Auto Designation S}1nbols
Only those "autos" you OW'll (and for Liability Coverage any "trailers" you don't own while
attached to power units you own). This includes those "autos" you acquire ownership of at:
tel' the policy begins.
Only the private passenger "autos" you own. This includes those private passenger "autos"
you acquire ownership of after the policy begins.
Only those "autos" you own that are not of the private passenger type (and for Liability
Coverage any "trailers" you don't own while attached to power units you OW11). This in-
cludes those "autos" not of the private passenger type you acquire oW11ership of after the
the policy begins.
Only those "autos" you own that are required to have No-Fault benefits in the state where
they are licensed or principally garaged. This includes those "autos" you 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.
Only those "autos" you own that because of the law in the state where they are licensed or
principally garaged are required to have and cannot reject Uninsured Motorists Coverage.
This includes those "autos" you acquire ownership of afler the policy begins provided they
are subject to the same state uninsured motorists requirement.
Only those "autos" described in Item Three of the Declarations for which a premium
charge is shown (and for Liability Coverage any "trailers" you don't own while attached to
any power unit described in Item Three).
Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you
lease, hire, rent, or borrowtrom any of your "employees", partners. (if you are a partner-
ship), members (if you arc a limited liability company) or members of their households.
Only those "autos" you do not own, lease, hire, rent or borrow that are used in 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 house-
holds but only while used in your business or your personal affairs.
Copyright, Insurance Services Office, Inc., 1996
Page I of 10 0
B. Owned Autos You Acquire After The Policy Begins
1. I I' Symbols I, 2, 3.4, 5 or 6 are entered next to
a coveragc in Item T\vo of the Declarations,
then you have coverage for "autos" tbat you ac-
quire ofthc type described for the remainder of
the policy period.
2. But, if Symbol 7 is entered next to a coverage
in hem Two of the Declarations, an "auto" you
acquire \vill be a covered "auto" (or that cover.
ageonly If
a. We already cover all "autos" that you own
f()r that coverage or it replaces an "auto"
you previously owned that had that cover-
age; and
b. You tell us 'Within 30 days after you ac-
qui re it that you want us to cover it for that
coverage.
C. Cert.ain Trailers, Mobile Equipment And Tempo-
rary Substitute Autos
If Liability Coverage is provided by this Coverage
Form, the following types of vehicles are also cov-
ered "autos" for Liability Coverage:
l. "Trailers" \\1th a load capacity of 2,000 pounds
or less designed primarily for travel on public
roads.
2. "Mobile equipment" while being carried or
towed by a covered "auto".
3. Any "auto" you do not O\\ln while used with the
permission of its owner as a temporary substi-
tute for a covered "auto" YOll O\\ln that is out of
service because of its:
We have the right and duty to defend any "insure,
against a "suit" asking for such damages or a "co
cred pollution cost or expense". However, we ha\
no duty to defend any "insured" against a "sui
seeking damages for "bodily injury' or "proper
damage" or a "covered pollution cost or expense"
which this insurance does not apply. We may invc
tigate and settle any claim or "suit" as we consid
appropriate. Our' duty to defend or settle en
when the Liability Coverage Limit of Insurance h
been exhausted by payment of judgments or settl
ments.
l. Who Is An Insured
The follO\'ving arc "insureds":
a. You for any covered "auto".
b. Anyone else while using 'With your p{
mission a covered "auto" you own, hire
borrow except:
(1) The owner or anyone else fi'om whe
you hire or borrow a covered "aut<
This exception does not apply if tl
covered "auto" is a "trailer" connect,
to a covered "auto" you own.
(2) Your "employee" if the covered "auI
is owned by that "employee" or
member of his or her household.
a. Breakdown:
b. Repair:
c. Servicing;
d. "Loss"; or
e. Destruction.
(3) Someone using a covered "auto" wh
he or she is working in a business
selling, servicing, repairing, parking
storing "autos" unless that business
yours.
(4) Anyone other than your "employee
partners (if you are a partnershij
members (if you are a limited liabil
company), or a lessee or borrower
any of their"employees", wbile movi
property to or from a covered "auto"
SECTION H - LIABILITY COVERAGE
A. Coverage
We \viU pay all sums an "insured" legally must pay
as damages because of "bodily injury" or "property
damage" to whieh this insurance applies, caused by
an "accident" and resulting from the ownership,
maintenance or use of a covered "auto".
(5) A partner (if yo 11 are a partnership).
a member (if yo 11 are a limited lial
ity company) for a covered "auto" 0\1
cd by him or her or a member of j
or her household.
We will also pay alI sums an "insured" legally must
pay as a "covered pollution cost or expense" to
which this insurance applies, caused by an "acci-
dent" and resulting from the ownership, mainte-
nance or use of covered "autos". However, we will
only pay for the "covered pollution cost or expense"
if there is either "bodily injury' or "property dam-
age" to which this insurance applies that is caused
by the same "accident".
c. Anyone liable for the conduct of an "
sured" described above but only to the (
tent of that liability.
2. Coverage Extensions
a. Supplementary Pa)ments
In addition to the Limit of Insurance.
will pay for the "insured":
(1) All expenses we incur.
(2) Up to $2.000 (()r eost of hail bonds: (ill-
duding bonds fur rdated hil (]Ii.: law
\1Ulations) requlrel1 because of 010 ",!\.>
c'dent" we {:OYCf. We do not have to
ttlrnish :h,~sc b()nds.
2_ Contnlctual
Liability assumed under <lilY contract or agf{"C-
m,~ rit
(3) '1 he .:o"t of bomb to rek,,::.c attach
menls.. in any "sniE" against th~ "in--
sun:d" 1,ve defend. bur only ftor hond
amount-; \,-lthin OUT Urni: of In~,urancc.
But this exclusion {ioc~ lHH apply to liability for
rfamagcs:
a. i\SSlJI11CU in '" C,jOlnlct or agreement HHlt i~
an "insur<~d uml met" pmvideu 'Iw' bodily
UI)tlr::/, or "property d,trna:l;..,, occm--;;. subse-
quent (0 the \':;\t:,'Wi~llL of thcc(.1Iltn1\:t or
agn~eml~lll; or
u. ThaI the "inslIred" would hi! v'~ in the ab-
sence of the (:Ol)1ract ,ill' agn:em~:ru,
3. \\'orken' Compl:n:liatiotl
All}' obligali(lD f{lf which Ihe"inSl.lrc.J' 01' rht'
'insun.:l.l':,;' imiwet mav be held li"bl e ulldel' am
workers' compensauO'n, diMbilit}' bo::nt;:(jls 0;
unemployment compensation law or .my :>.irni-
lar law_
4. Employee Illdemnlftcatio[J And Em[Jlo.wr's I.j.
abilit:y
(4) All n:llSOtlubli: ('xp~~nscs i!lcurn:d by
the "inSl.lfo;l!' ;:ll uur u;'\.juei--t.. including
actual loss 0fearnjn~; up to $250 a day'
because of time ofl' ITom work,
(5) All COSf& faxed against the "insurctf m
illl)' "suit" against th,~ "iru:;urctl' >~'~: de-
fe ml.
(()) All interest 011 tile filII ,t0101ll11 of any
judgment thaI accrues aiter entry of
the judgment in any "suit" agaimt the
"ml>ureJ' we dettmd, but our duly to
pay interest L'TIth when wt' lw...!; ImilL
o11ered to payor deposited in court tJH.~
part of the jutfgm:.:nt that lS v,1thm our
Limil of Insurance.
"fiodily injur:1' to:
a. An "employee" of th",: "insured" arising out
of .md itl the eourse ot:
(J) Emplo}.-1ncnt b.li the "imured": or
(2) P",rflmninl.l the duties rdal ed I (J Ih~
conduct o{the "insured's" businc5"; or
b. Out-Of-State CO\o'COlgc ExtelL'limUI
\Vhile a covered "auju" i~ aW;:ly frotH lb;;
Slate where It IS licensed we ""ill:
(1) Increase rhe Um!l of lru;uraI,ce for Li-
ahility Covemge to mCl:'t thclimil$
specified by <l c()lnpulr.NY or tin.mcial
remQnsibflity la\\ of the ,jurie.,cjkti(Ju
,,,,here: the co....ered "aULD" is beinl2 used,
"'hi:o:. clitensioll docs lIot appl)' ~IO the
limit or limits specified by ,my law
gO\'0r lllllg motor carriers of pa5~t:nger~
Or property
n. The spouse. child. pareDt, brother or sIsto
of that "employee" ,_:<; a consequcncc 0
Paf;l.graph a. 2bovc,
Thisexdusion applies:
(l) Whet.her 1'1C "insureU' IlW)' he liuble a~
an employer Of In afty other t:~paciIY
~md
(2) Provide the minimum amount!. and
types of Dther coverage;;, sllcll 48 no-
findf. required ()f (,ut-(~f-sr.ate vehides
by the jl.Jri~licti()n whl:re the covered
"auto" is being u,ed_
(2) To .my ohlig;ltii)f'i ki,..Jun.: damage:
""lthor repay someone else '.."to mns
pill'd<tIHuges because of th~ injury,
But tbis exclu:'\ion doc:; nol apply to "bodily in
jury" toO domestic "employees" not entitled t(
\\'Orkers' compensation benefits or to ]j.'1btllt'
as.s.u.rncd hy the "msured' under an "in:mH.:~
c<mtr1>l;.'C, For tile purpOS(~S or th.-: Cover:.:.g<
flJf'lll, a domestic "employee" is a person en
gaged in household or dDlt1Cst!C work per
formed primipally in c<mnection with a res!
&:'llI(c(~ pn~mi~e".
We wiH not pay anyoBe more than {)flce
fur the same ekmellts of loss because of
thcs.-e extcmiom;,
u_ ":~dllsi()1lS
This insurance do(~.,. nl\1 flflply tn any of the fi}lIow-
mg:
1. EXJK:t:~u (h' ""'ended Injw;.
"Bodily i~jurY' or "pwperly damage" expected
or inten~ed from the standpoint of the "in-
sure<f' .
5, Fellow Employee
"Bodilyinjur)" to IHl;" fellow "employee" of th
"insured' arising out of and ill the C'O(H'S(~ nf I h
f<:Uow"employee"" cmplu)TI1cnt or ",mile pcr
forming duties related to the conduct of YOll
bUSiness"
CA (100107 97
Ct)pyright rmmrance ServicesQffice.. lnc.. 199'6
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