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Home My WebLink AboutC-1997C i y C I e(k-- %01" '*100 Contract Number : 03F -006 Agreement to Provide Mandated Cost Claiming Services THIS AGREEMENT, entered into this day of U S 2003 and effective immediately by and between MAXIMUS, Inc. (hereinafter Consultant) and the City of Arcadia (hereinafter "City "), WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover costs associated with carrying out programs mandated by the State of California, WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying out State mandated programs, and has determined that engaging the Consultant to assist in the mandated cost claim preparation process is the most economical and cost effective means for preparing the City's state mandated cost claims; and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in determining the costs of governmental programs and in the submission of cost claims to the State of California, and WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and negotiating cost claims pertaining to state mandated programs. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services The Consultant shall prepare claims for reimbursable state mandated costs as provided herein. A. Annual State Mandated Cost Reimbursement Claims The Consultant shall prepare and file applicable actual annual state mandated cost reimbursement claims for the 2002 -2003 fiscal year and estimated claims for the 2003- 2004 fiscal year. The fiscal year 2002 -2003 actual claims to be filed are claims that are included in the State Controller's Claiming Instructions that provide for timely filed claims to be submitted by January 15, 2004. B. All Other Claims for Which Claiming Instructions Are Issued in FY 2003- 2004 With the exception of the claims in Scope of Services I.A. above, the Consultant shall prepare, submit and file on the City's behalf, all other eligible actual and estimated state mandated cost reimbursement claims for which State Controller Claiming Instructions are issued in the 2003 -2004 fiscal year. City of Arcadia - 1 - July 25, 2003 '"MOO Contract Number: 03F -006 2. Consultant Claim Filing Requirements The Consultant shall file these claims to the extent that appropriate documentation is available and verifiable and that claim amounts exceed $1,000 per claim. 3. Costs and Method of Compensation Scope of Services LA. & B. - Annual State Mandated Cost Reimbursement Claims & All Other New Claims for Which Claiming Instructions are Issued in FY 2003- 2004 For all services provided pursuant to Scope of Services 1.A. & B., the City agrees to pay the Consultant a fixed fee in the amount of ten thousand four hunded dollars ($10,400). Half of that fee five thousand two hundred dollars ($5,200) will be due in the 2003 -2004 fiscal year and the remaining half of the fee $5,200 on a deferred payment basis which will be due when the City receives at least $50,000 in reimbursement from the State for the claims prepared by the Consultant. The fixed fee non - deferred ($5,200) portion will be billed in four equal installments: Twenty -five percent (25 %) or $1,300.00 of the fixed fee shall be due and payable on September 1, 2003, December 1, 2003, March 1, 2004, and June 1, 2004. The deferred payment fee will be billed to the City after claims are filed. Payment will be due and payable after the City has received at least $50,000 from the State in compensation for the claims prepared by the Consultant. Payment will be due within thirty (30) days after the City receives a statement from the Consultant, which specifies the amounts received from the state and the payment due. 4. Services and Materials to be Furnished by the City The Consultant shall provide guidance to the City in determining the data required for claims submission. The Consultant shall assume all data so provided to be correct. The City further agrees to provide all specifically requested data, documentation and information to the Consultant in a timely manner. Consultant shall make its best effort to file claims in a timely manner pursuant to Scope of Services. Consultant shall not be liable for claims that cannot be filed as a result of inadequate data or data provided in an untimely manner. For purposes of this Agreement, data that is requested by the Consultant must be provided within three weeks of the request, or three weeks prior to the filing deadline, whichever would come first, to be deemed to have been received in a timely manner. It is the responsibility of the City to provide the Consultant with payment information upon receipt of disbursements from the State for any and all claims filed pursuant to this agreement. City of Arcadia - 2 - July 25, 2003 M 5. Third Parties `-"* Contract Number : 03F -006 The City and the Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 6. Consultant Liability if Audited The Consultant will assume all financial and statistical information provided to the Consultant by City employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the City under the claims for whatever reason is the sole responsibility of the City. 7. Indirect Costs The cost claims to be submitted by the Consultant may consist of both direct and indirect costs. The Consultant may either utilize the ten percent (10 %) indirect cost rate allowed by the State Controller or calculate a higher rate if City records support such a calculation. The Consultant by this Agreement is not required to prepare a central service cost allocation plan or departmental indirect cost rate proposals for the City. 8. Consultant Assistance if Audited If audited, the Consultant shall make workpapers and other records available to the State auditors. If requested by the City, the Consultant shall provide assistance to the City in defending claims at the desk audit level if an audit results in a disallowance of at least twenty percent (20 %) or seven hundred fifty dollars ($750), whichever is greater. Reductions of less than twenty percent (20 %) or seven hundred fifty dollars ($750) shall not be contested by the Consultant. Nothing in this section or any part of this Agreement shall be construed to include Incorrect Reduction Claims preparation. 9. Insurance Consultant shall acquire and maintain appropriate general liability insurance, workers' compensation insurance, automobile insurance, and professional liability insurance. See Attachment A — Insurance Provisions — Section 3.2.10. 10. Changes The City may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by City of Arcadia - 3- July 25, 2003 M Contract Number: 0317-006 and between the City and the Consultant, shall be incorporated in written amendment to this agreement. 11. Termination of ALyreement If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner its obligation under this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. 12. City Contact Person The City designates the following individual as contact person for this contract: Name: Tracey L. Hause Telephone: (626) 574 -5425 Title: Administrative Services DirectOFax: (626) 821 -0092 Address: 240 W. Huntington Drive PO Box 60021 Arcadia CA 91066 -6021 OFFER IS MADE BY CONSULTANT By. Allan Burdick, Vice President MAXIMUS, Inc. Date: July 25, 2003 Approved as to form: , Stephen P. Deitsch City Attorney OFFER IS ACCEPTED BY CITY By: City Official- William R: Kelly City manager Date: a 14* Concur: Tracey L. Hause Date City of Arcadia - 4 - July 25, 2003 %&or ` o Attachment "A" 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duratiop, of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors directly reporting to the Consultant. Consultant shall also require all of its subcontractors to maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) or equivalent; (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) or equivalent; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liabilitv. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of two (2) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liabilitv. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in DMGattachment A A -1 10V Attachment "A', connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. 'The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or ' self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant under this agreement. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not fall below the required limits of this contract except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City, and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds, No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self - Insurance Retentions. Consultant has ample insurance coverage in place to meet and satisfy the insurance requirements of this contract. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and DMaattach=nt A A -2 Attachment "A" endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. DMQattachment A A -3 PRODUCER MARSH USA INC. 1255 23rd STREET, NW SUITE 400 WASHINGTON, DC 20037 Attn: PATTY MUNIZ 202 263 7600 500625 -OPROF -ONLY- te1Er10,i'iIL D INSURED MAXIIVIUS, INC.; ANI LL suasi®)a�r`jR MAY 12 2003 11419 SUNSET HILLS ROAD RESTON, VA 20190 CITY OF ARCADIA CITY CLERK { ' 9, � ")` } '�'i DATE (MM /DD/YY)• 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 COMPANY A FEDERAL INSURANCE CO \Y1 COMPANY B ATLANTIC MUTUAL INSURANCE COMPANY 1 , V COMPANY EXECUTIVE RISK SPECIALTY INS CO A T L X V' / COMPANY D 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR OWNERS & CONTRACTOR'S PROT 3537 -42 -97 04/01/03 04(0'f,/A GENERAL AGGREGATE $ 2+000,000 PRODUCTS - COMP /oP AGG $ 2,000,000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire ) $ 1,000,000 MED EXP (Any one person ) $ 10,000 A A A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 74978992(AOS) 74978993 (TX) 74978994 (VA) 04/01/03 04/01/03 04101/03 Q%�, COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: 4 EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ n INCL PARTNERS/EXECUTIVE I(—jl OFFICERS ARE: EXCL 400- 53 -13 -82 (OR,WI) 400- 53 -13 -83 (AOS) 04/01/03 04/01/03 ., 0(l i X TORY LIMITS ER EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE is 1,000,000 C PROFESSIONAL LIAB 8165 -7146 05/01/03 105/01/04 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLESISPECIAL ITEMS THE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS FOR GENERAL LIABILITY /AUTOMOBILE LIABILITY, BUT ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. THE ABOVE COVERAGES ARE PRIMARY AND NON- CONTRIBUTORY. WAIVER OF SUBROGATION APPLIES WHEN CONTRACTUALLY REQUIRED. CITY OF ARCADIA ATTN: JUNE D. ALFORD, CITY CLERK 240 W. HUNTINGTON DR. P.O. BOX 60021 ARCADIA, CA 91066 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL 30 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. Timothy M. Sasser a o w PRODUCER MARSH USA INC. 1255 23rd STREET, NW COMPANY SUITE 400 E WASHINGTON, DC 20037 Attn: PATTY MUNIZ 202 263 7600 COMPANY F 500625- OPROF -ONLY- INSURED COMPANY MAXIMUS, INC., AND ALL SUBSIDIARIES 11419 SUNSET HILLS ROAD G RESTON, VA 20190 COMPANY H }' DATEIMMIDDIYYI 05/01/03 COMPANIES AFFORDING COVERAGE MAXIMUS, INC. AND ALL SUBSIDIARIES 11419 SUNSET HILLS ROAD RESTON, VA 20190 POLICY NUMBER: 3537 -42 -97 (4/1/03 - 4/1/04) COMMERCIAL GENERAL LIABILITY CGL FORM #80 02 2305 (EQUIVALENT TO CGL FORM #CG 20 10 03 97) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED-.OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) Is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. The coverage provided by this endorsement is primary insurance over any other insurance. CITY OF ARCADIA ATTN: JUNE D. ALFORD, CITY CLERK 240 W. HUNTINGTON DR. P.O. BOX 60021 ARCADIA, CA 91066 AUTHORIZED REPRESENTATIVE MARSH USA INC. BY Timothy M. Sasser INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION. MJ n CA 0001 0797 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights. duties and what is and Is not covered. 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 providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Rotor to Section V-- Definitions. SECTION I-- COVERED AUTOS ITEM TWO of the declarations shows the "autos' that are covered "autos" for each of your coverages, The following numerical symbols describe the "autos" that may be cov- ered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO ". 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (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 after the pol- icy begins, 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the pol- icy begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private pas- senger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own), This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the slate where they are licensed or principally garaged, This in- cludes those "autos" you acquire ownership of after the policy begins provided they are re- quired to have No -Fault benefits in the slate where they are licensed or principally garaged. 6 OWNED "AUTOS" SUBJECT TO A COMPUL- SORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law In the state whore they are licensed or princi- pally garaged are required to have and cannot reject Uninsured Motorists Coverage. This in- CA 196 t7 -D7) CA 00 01 07 97 cludes those "autos" you acquire ownership of after the policy begins provided they are sub- ject to the same state uninsured motorists re- quirement. 7 SPECIFICALLY DESCRIBED "AUTOS ". 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), 8 _ HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow, This does not include any "auto" you tease, hire, rent or bor- row from any of your "employees" or partners or members of their households. 9 = NONOWNED ''AUTOS" ONLY, Only those "autos" you do not own, lease, hire, rent or bor- row that are used in connection with your busi- ness. This includes "autos" owned by your "employees ", partners (if you are a partner- ship). members (if you are a limited liability company), or members of their hou8."- ►Bolds but only while used in your business or yaur per- sonal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POL- ICY BEGINS 1. If symbols 1, 2, 3. 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, it symbol 7 is entered next to a coverage in ITEM TWO of the Declarations. an "auto" you ac- quire will be a covered "auto" for that coverage only if a. We already cover all "autos" that you own for that coverage or it replaces an "auto' you pre- viously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS Copyright, Insurance services Office, Inc., 1888 Z80 -d b0 /20 d 19Z -1 8811E92202+ Page 1 of 10 NVN ONI VSn RSSVA_ word WdZ0:90 EO- Orr -Inr Z 0sv /vrav:)1v d0 A110 014PIS xed WdVO:V £OOZ O£ Inr xed paAiaDaa i If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with 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 own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing: d. "Loss "; or e. Destruction. SECTION II— LIABILITY COVERAGE A. COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily Injury" or "properly dam- age" to which this insurance applies, caused by an "accident" and resulting from the ownership, mainte- nance or use of a covered "auto', We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and result - Ing from the ownership, maintenance or use of covered "autos ". However, we will only pay for the "covered pollution cost or expense" If there is either "bodily in- jury" or "property damage" to which this insurance ap- plies that is caused by the same "accident ". We have the right and duty to defend any "insured" against a "suit' asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insur- ance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of fudgments or settlements, 1. WHO I5 AN INSURED The following are "insureds ": a. You for any covered "auto ". b. Anyone also while using with your permission a covered "auto" you own, hire or borrow ex- cept: (1) The owner or anyone else from whom you hire or borrow a covered "auto ". This ex- page 2 of 10 M ceptlon does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" it the covered "auto" is owned by that "employee' or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business Is yours, (4) Anyone other than your "employees', Part- ners (it you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees ", while moving property to or from a covered "auto ". (5) A partner (if you are a partnership), or a member (if you are a limited liability com- pany) for a covered "auto" owned by him or her or a member of his or her house- hold. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability, 2. COVERAGE EXTENSIONS a. Supplementary Payments In addition to the Limit of Insurance, we will pay for the "insured ": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law vio- lations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we de- fend. but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $250 a day because of time off from work, (5) All costs taxed against the "insured" in any "suit" against the "insured" we defend. (6) All interest on the full amount of any judg- ment that accrues after entry of the judg- ment in any "suit" against the "Insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or de- posited in court the part of the judgment that is within our Limit of Insurance. Copyright. Insurance Services Ofroe, Inc,. 1996 Z110-4 VOM d M -1 e0L1E9aa0a+ CA 196 (7.97) CA 00 01 07 97 NVN ONI VSII HS00 -0,1:1 wdE0 :90 E0 -0E -tar £ asV /yiay3d A0 Am : uolms xej WdbO =b con o£ lflf : xeJ paA1a3a8 B b. Out -of -State Coverage Extensions While a covered "auto" is away from the state where It is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used, This extension does not apply to the limit or limits specified by any law governing motor carriers of passen. gers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, ro. quired of out -of -state vehicles by the ju- risdiction where the covered "auto' is being used. We will not pay anyone more than once for the same elements of loss because of these ex- tensions. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured ". M M }2, CONTRACTUAL Liability assumed under any contract or agreement. JIQLthis exclusion does not apply to liability for dame °A�• � tea. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or un- employment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EM- PLOYER'S LIABILITY "Bodily Injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured "; or (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of para- graph a. above. CA 196 (7.97) CA o0 0107 97 This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity: and (2) To any obligation to share damages with or repay someone also who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury' to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract ". Por the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in Connection with a residence premises. S. FELLOW EMPLOYEE "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fel- low "employee's" employment or while performing duties related to the conduct of your business. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to li- ability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement Into or onto the covered "auto"; or b. After it is moved from the covered "auto' to the place where it is finally delivered by the "insured ". 9. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is at- tached to the covered "auto ". 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of "mobile equipment", 10, COMPLETED OPERATIONS "Bodily Injury" or "property damage" arising out of your work after that work has been completed or abandoned, In this exclusion, your work means: Copyright, Insurance Services office, Inc., 1995 Z90 -d 70 /70A 19Z -1 8811E9ZZ0l+ Page 3 or 10 NVN )NI VSn HSNVIN -W01:l wdE0 :90 CO- OE -Inr t7 OSy /t110y3dy J0 AM : u014p4S XPJ P757 17557 o£ lnf xej pania�aa