AGENDA
CITY COUNCIL/ SUCCESSOR
AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/
FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 5:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, December 2, 2025
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.
AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.
PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the Cit y Counci l or other government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor.
Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.
CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.
PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to
raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.
Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.
ZOOM LINK INFORMATION
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• All public comments are allowed up to 3 minutes to speak.
Topic: City Council Meeting
Time: Dec 2, 2025 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://fountainvalley.zoom.us/j/84794595205?pwd=8VDpjjnZud1Dv2DbJktiV1FAx5Cxdd.1 Meeting ID: 847 9459 5205
Passcode: 077055
YOUTUBE INFORMATION
The City Council meeting is streamed live via Youtube, you can access the live City Council meeting by clicking on this link to access the broadcast on Youtube:
https://www.youtube.com/@CityofFV
CLOSED SESSION
CALL TO ORDER 5:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: De La Cruz v. City of Fountain Valley
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Father Charles Tran – Holy Spirit Catholic Church SALUTE TO THE FLAG Mayor Ted Bui
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Constantine, Grandis, Harper, Vice Mayor / Vice Chair Cunneen, Mayor/Chair Bui
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
CITY MANAGER / MAYOR UPDATE
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.
CONSENT CALENDAR
Consent Calendar Items 1 – 5 will be approved simultaneously with one motion unless separate action/or discussion is requested.
1. Receive and File the Draft Minutes of the November 18, 2025 Regular City Council Meeting Minutes Page 5
2. Approve the Register of Demands for the period of 11/6/2025 to 11/19/2025 Page 13 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 11/6/2025 and 11/19/2025 for a total of $3,427,234.62.
3. Approve an agreement with SC Commercial LLC dba SC Fuels for bulk fuel delivery for Fire Station Nos. 1 and 2, and authorize staff to increase the amount of PO# 260105 by $52,500.
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve an agreement with SC Commercial LLC dba SC Fuels for bulk fuel delivery for Fire Station Nos. 1 and 2, and authorize staff to increase the amount of PO# 260105 for bulk fuel by $52,500.
4. Approval of Memorandum of Understanding for Countywide Mass Notification System (AlertOC) Page 298
Approve the MOU to maintain access to the County’s AlertOC (Everbridge) platform for emergency public notifications.
5. Approval of a Resolution of the Fountain Valley City Council adopting the Measure M2 Expenditure Report for the Fiscal Year 2024-25 Page 377 Approve the Resolution and Measure M2 Expenditure Report
PRESENTATIONS
• Recognition of Mayor Ted Bui by Outside Agencies
• Presentation to Outgoing Mayor Bui by Vice Mayor Cunneen • Comments by Outgoing Mayor Bui
• Election of Mayor and Vice Mayor
• Administration of the Oath of Office to Newly Elected Mayor • Comments by New Mayor
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL
COMMENTS
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR
AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is December 16, 2025 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
MINUTES OF THE
CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN
VALLEY AGENCY
FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY
HOUSING AUTHORITY
Closed Session 5:30 p.m.
Regular Meeting 6:00 p.m.
Tuesday, November 18, 2025
Council Chambers
CLOSED SESSION
CALL TO ORDER 5:30 p.m.
PUBLIC COMMENTS (Closed Session matters only)
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case)
There was no reportable action.
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
(1 potential case)
By a 5-0 vote, the City Council voted to approve the City Attorney moving forward with the weapon confiscation.
OPEN SESSION
CALL TO ORDER 6:00 p.m.
INVOCATION Jeff Van Boehrem
SALUTE TO THE FLAG Vice Mayor Jim Cunneen
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Constantine, Grandis, Harper, Vice Mayor/Vice Chair Cunneen, Mayor/Chair Bui
All present
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None
CITY MANAGER / MAYOR UPDATE
City Manager Maggie Le and Mayor Bui provided their updates.
PRESENTATIONS
Update from Orange County Supervisor Janet Nguyen
Supervisor Nguyen was unable to attend tonight’s meeting. Recognition of Los Amigos High School Volleyball Team as League Champions – Presentation by Mayor Ted Bui
Mayor Bui recognized the Los Amigos High School Girls Volleyball Team for their accomplishment of being League Champions.
Hyundai Hope on Wheels 5k and Color Fun Run Check Presentation; Presented By Community Services Director/Deputy City Manager Rob Frizzelle and Hyundai Hope on Wheels Representatives from Hyundai recognized and awarded the following groups for their participation in the Hyundai Hope on Wheels 5k and Fun Run:
Masuda Monarchs PTSO
FV Royal Regiment Boosters
FVHS Dance Team
Cox Elementary School PTA
Plavan Elementary School PTO
Fulton Middle School Cheer
FVHS Boys Basketball Boosters
Gisler Elementary
Talbert Middle School
Oka Elementary School
Newland Elementary
Donation by Fountain Valley Rotary Club for the Renaming of Ed Arnold Way - Presented by Marla McGee, President
Marla Mcgee presented the City with a check as a donation from the Fountain Valley Rotary Club for the Renaming of Ed Arnold Way.
FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Bret Berg, Julie, Mike Nisco, Katy
CONSENT CALENDAR
Consent Calendar Items 1 - 4 were approved simultaneously.
1. Receive and File the Draft Minutes of the November 4, 2025 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the November 4, 2025 Regular City Council Meeting
MOTION: Constantine SECOND: Harper
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
2. City of Fountain Valley Six Month Strategic Objectives for September 23, 2025 through March 17, 2026
ACTION: Move to Receive and File the City of Fountain Valley Six Month Strategic Objectives for September 23, 2025 through March 17, 2026 MOTION: Constantine SECOND: Harper
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
3. Receive and File the Quarterly Treasurer's Report for Quarter Ended September 30, 2025 ACTION: Move to Receive and File the Quarterly Treasurer's Report for Quarter Ended September 30, 2025
MOTION: Constantine SECOND: Harper
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
4. Approve the Register of Demands for the period of 10/23/2025 to 11/5/2025 ACTION: Move to Approve the Register of Demands for the period of 10/23/2025 to 11/5/2025
MOTION: Constantine SECOND: Harper
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
5. Second Reading and Adoption of an ordinance of the City Council of the City of Fountain Valley, California, adopting, by reference, the 2025 Edition of the California Fire Code as modified.
Public Hearing Opened: 6:56 p.m.
No public Comments
Public Hearing Closed: 6:57 p.m.
ACTION: Move to Approve the Second Reading and Adoption of an ordinance of the City Council of the City of Fountain Valley, California, adopting, by reference, the 2025 Edition of the California Fire Code as modified.
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
ADMINISTRATIVE ITEMS
6. Renew the CityTech software subscription from January 1, 2026 to December 31, 2030.
ACTION: Move to Renew the CityTech software subscription from January 1, 2026 to December 31, 2030.
MOTION: Grandis SECOND: Constantine
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
7. Approve a Project Budget in the Amount of $115,000.00 to Close Out the Emergency Metropolitan Water District (MWD) Connection Water Main Break Repair Project.
ACTION: Move to Approve a Project Budget in the Amount of $115,000.00 to Close
Out the Emergency Metropolitan Water District (MWD) Connection Water Main Break Repair Project.
MOTION: Constantine SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
8. Approve Amendment No. 12 to Cooperative Agreement No. C-5-3613 for an additional $2,039,000 between the Orange County Transportation Authority (OCTA) and the City of Fountain Valley
ACTION: Move to Approve Amendment No. 12 to Cooperative Agreement No. C-5- 3613 for an additional $2,039,000 between the Orange County Transportation Authority (OCTA) and the City of Fountain Valley MOTION: Constantine SECOND: Grandis
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
9. Lease Amendments to Contracts 11-50 and 06-02 with the Boys and Girls Clubs of Huntington Valley
ACTION: Move to Approve the Lease Amendments to Contracts 11-50 and 06-02 with the Boys and Girls Clubs of Huntington Valley
MOTION: Harper SECOND: Cunneen
AYES: Constantine, Grandis, Harper, Cunneen, Bui
NOES: None
ABSENT: None
ABSTAIN: None
10. Adopt a Resolution Amending Fees for Special Events with Mutual Impacts at Mile Square Regional Park
ACTION: Move to Adopt a Resolution Amending Fees for Special Events with Mutual Impacts at Mile Square Regional Park
MOTION: Harper SECOND: Cunneen
COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Mayor Bui requested that a Special meeting be convened the week of November 24th – 26th to discuss the recent complaints with outside council. Seconded by Council member Cunneen. The Special Meeting component was later retracted and council will receive the report once the outside Council has finalized the findings.
CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Evan Jorgensen, Andrea
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Mayor Bui
November 5 Attended the Qua Contemporary Chinese Soft Opening along with our councilmembers and staffs
November 6 Attended a Joint Well Agreement Signing Ceremony, attend Champion OC: Global events Committee, attend OC Park meeting
November 7 Attended Masuda’s Veteran’s Day Ceremony
November 8 Attended Miss FV event at Saphire Center
November 11 Attended the Veterans Day Ceremony
November 12 Attended the Chamber’s OC Connect, State of City HB November 13 Attended the Orange City Council Chamber - Cities Selection Committee, attend Old World Network at Night organized by FV Chamber Of Commerce November 15 Attended the Zephyr Motorsport Grand Opening Vice Mayor Cunneen
November 7 Attended the Annual Kazuo Masuda Middle School Veterans Day Ceremony November 8 Attended the Miss Fountain valley 2026 Scholarship Competition November 10 Attended the inaugural Sister City Advisory Committee meeting November 11 Attended the Annual Veterans Day Ceremony at Veterans Park November 12 Attended the Fountain Valley Chamber of Commerce OC Connect Breakfast Council Member Grandis
November 8 Attended the Miss Fountain Valley Scholarship November 10 Attended the OCPA Board of Directors meeting November 11 Attended the Veterans Day Ceremony
November 12 Attended the Fountain Valley Chamber OC Connect and then the OC Sanitation District Admin meeting
AYES: Grandis, Harper, Cunneen, Bui
NOES: Constantine
ABSENT: None
ABSTAIN: None
November 13 Attended the Volunteer event for setting up the Poker Tournament November 15 Attended the Hyundai Turkey giveaway ad then Charity Poker Tournament November 16 Met with the Currents home owners with Mayor Bui Council Member Constantine
November 5 Attended the QUA Contemporary Chinese Cuisine, a new restaurant of Kei Concepts in the shopping center on Brookhurst and Edinger. The restaurant is gorgeous and the food is delicious, so if you have the opportunity, please check it out. Distributed the month of November Centerpiece Newsletters to Richard’s Cookie Jar, Lamppost Pizza, Yong’s Donuts, Dunkin’ Donuts, etc.
November 6 Participated in the CRA (California Republican Assembly Meetings) of both the Huntington Beach and Fountain Valley Chapters at IHOP in Huntington Beach. Dr.
Stefan Bean, the Orange County Superintendent of Schools was the presenter.
November 7 Stopped in at the Friends of the Fountain Valley Library 25 Cent Book Sale at the Fountain Valley Library. Later, attended the annual Miss Fountain Valley 2026 Scholarship Competition at Saigon Grand Center, actually now the Sapphire Center, as it’s been renamed.
November 12 Watched the Fountain Valley Planning Commission Meeting on Zoom.
November 15 While it was raining pretty well, I stopped in at the Hyundai Motor America Turkey Giveaway event to charities on behalf of some local residents, then the annual Food Drive at the Green Valley Association Office parking lot. Later, stopped in at the Special Olympics Southern California (SOSC) at the Fountain Valley Recreation Center to see how the Healthy Athletes was going, since the rain had resulted in the cancellation of all the outdoor competition at the Fountain Valley Sports Park for the day and would also cancel everything for tomorrow without rescheduling. So disappointing. Stopped in at the 27th year anniversary sale at Sports Basement.
November 18 Watched the Orange County Board of Supervisors Meeting on the County of Orange website, then attended the annual Thanksgiving Luncheon at The Center at Founders Village Senior and Community Center. Such a big crowd today! Council Member Harper
November 5 Attended the QUA restaurant opening
November 7 Attended the CALCOG Board Meeting
November 8 Attended the Miss Fountain Valley event
November 11 Attended the Veterans Day event at Veterans Park November 12 Attended the OCTA Finance Committee meeting November 15 Attended the FV Community Foundation Poker Tournament
ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING
AUTHORITY
Mayor Bui adjourned the meeting at 8:40 pm to the next Meeting of the Fountain Valley City Council on December 2, 2025 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
___________________________
Ted Bui, Mayor
Attest:
___________________________
Rick Miller, City Clerk
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 2, 2025
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 11/6/2025 to 11/19/2025
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable
EXECUTIVE SUMMARY
Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.
DISCUSSION
Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.
FINANCIAL ANALYSIS
The attached Register of Demands represents payments made by the City of Fountain Valley between 11/6/2025 and 11/19/2025 for a total of $3,427,234.62.
ATTORNEY REVIEW
The Attorney for the City reviewed this staff report and concurs with the recommended action.
PUBLIC NOTIFICATION
Not applicable.
Register of Demands
December 2, 2025
ALTERNATIVES
Alternative No. 1: Approve the attached Register of Demands.
Alternative No. 2: Do not approve as presented and provide direction to staff.
RECOMMENDATION
Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 11/6/2025 and 11/19/2025 for a total of $3,427,234.62.
Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 11/6/2025 to 11/19/2025.
City Of Fountain Valley
Register of Demands
11/6/2025 - 11/19/2025
Department
Check
Date Vendor Description Doc #
Check/ACH
# Amount
10000000 NON-DEPARTMENTAL
11/10/25 CALPERS NOV 2025 - CALPERS MEDICAL 43560 4852 324,274.65 11/06/25 THE LINCOLN NATIONAL NOV 2025 LIFE INSURANCE/LTD/ADD/EAP 43923 2317104 1,465.64 11/06/25 AMAZON LEADERSHIP ACADEMY GRAD SUPPLY 44005 4914 24.78 11/12/25 FOUNTAIN VALLEY POLI PR PPE251107 - 8002 44154 4946 2,350.00 11/12/25 FOUNTAIN VALLEY CRED PR PPE251107 - DED 9500 44155 4944 31,082.60 11/12/25 FOUNTAIN VALLEY FIRE PR PPE251107 - DED 8000 44156 4945 2,749.79 11/13/25 EMPOWER/BENEFITS COR PR PPE251107 - DED 7031, 7032, 7033, 7036 44157 4940 82,096.84 11/13/25 CALIFORNIA STATE DIS PR PPE251107 - DED 6004, 6005, 6007 44158 4941 1,104.35 11/12/25 MISSION SQUARE RET P PLAN# 803216 - PPE251107 - DED 2013, 2015 44159 4951 2,921.94 11/12/25 MISSION SQUARE RET P PLAN #800389 - PR PPE251107 - DED 2011 44160 4952 1,046.15 11/12/25 MISSION SQUARE RET P PLAN #800414 - PR PPE251107 - DED 2014 44161 4953 226.75 11/12/25 MISSION SQUARE RET P PLAN #108536 - PR PPE251107 - DED 2018 44162 4954 576.90 11/12/25 U.S. BANK N.A. PR PPE251107 - DED 7029 & 7030 44163 4955 3,570.60 11/12/25 FVPOA PAC PR PPE251107 - DED 8005 44164 4947 510.00 11/13/25 INTERNAL REVENUE SER PR PPE251107 - DED 1100, 3000 44165 4942 206,092.50 11/13/25 EMPLOYMENT DEVELOPME PR PPE251107 - DED 4000 44166 4943 68,031.77 11/12/25 INTERNATIONAL BRO PR PPE251107 - DED 8003 44167 4948 500.00 11/12/25 INTERNATIONAL BRO PR PPE251107 - DED 8004 44168 4949 625.00 11/12/25 INTERNATIONAL BRO PR PPE251107 - DED 8001 44169 4950 850.00 11/13/25 INTERNAL REVENUE SER PR PPE251107 MISC PR - DED 1100, 3000 44202 4956 164.77 11/13/25 EMPLOYMENT DEVELOPME PR PPE251107 MISC PR - DED 4000 44203 4957 21.05 11/19/25 AFLAC NOV'25 AFLAC ACCT HH049 44277 2317176 4,211.56 TOTAL NON-DEPARTMENTAL 734,497.64
10000010 NON-DEPARTMENTAL
11/10/25 CALPERS NOV 2025 - CALPERS MEDICAL 43560 4852 30,336.00 11/06/25 MISSION SQUARE RET P DEC 2025 - PLAN #803210-RETIREE REIMB. 43984 4932 148,892.01 TOTAL NON-DEPARTMENTAL 179,228.01
10010100 CITY COUNCIL
11/19/25 GRANDIS, GLENN RAILWAY, HOTEL, AIRFARE 44409 2317203 907.73 TOTAL CITY COUNCIL 907.73
10010102 LEGAL SERVICES
11/13/25 HARPER AND BURNS, LL SEP '25 - CITY LEGAL SERVICES 43374 4968 35,767.07 11/13/25 HARPER AND BURNS, LL OCT. '25 - CITY LEGAL SERVICES 44143 4968 39,927.00 TOTAL LEGAL SERVICES 75,694.07
10010103 OFFICE OF CITY MANAGER
11/13/25 REVA FELDMAN, LLC EXECUTIVE LEADERSHIP TRAINING 44089 4976 2,500.00 TOTAL OFFICE OF CITY MANAGER 2,500.00
10010104 ADMIN SERVICES
11/13/25 VERIZON WIRELESS 09/26-10/25/25 ADMIN CELLPHONES 44100 2317169 80.04 TOTAL ADMIN SERVICES 80.04
10020200 HUMAN RESOURCES
11/06/25 PSYCHOLOGICAL CONSUL PRE EMPLOYMENT PSYCH EVALUATIONS 43705 2317085 1,419.00 11/10/25 CALPERS NOV 2025 - CALPERS MEDICAL 43560 4852 443.44 11/06/25 PARSONS, MICHAEL EXECUTIVE PHYSICAL 43632 4933 999.00 11/06/25 AMAZON 2025 OFFICE & RECRUITMENT SUPPLIES 43961 4917 59.97 11/13/25 SHRED-IT USA LLC 10-22-2025 MONTHLY SHRED-IT SERVICES FOR 44040 2317159 129.85 11/13/25 EXPERIAN 9/27 - 10/31/2025 PRE EMPLOYMENT CREDIT 44045 2317133 25.00 11/06/25 BIOMETRICS4ALL, INC OCT 2025- HR RELAY FEES 43999 4920 9.75 11/19/25 DEPARTMENT OF JUSTIC OCTOBER 2025 HR DEPT 44328 2317195 399.00 11/13/25 AT&T MOBILITY 9/27/24 -10/26/25 HR CELL PHONE 44073 2317120 278.81 11/13/25 BOB MURRAY & ASSOC RECRUITMENT SERVICES - CHIEF OF POLICE 44083 2317124 2,500.00 11/13/25 THE COUNSELING TEAM NOVEMBER 2025 EAP SERVICES 44104 2317168 1,500.00 11/19/25 BREELER, DAMON TUITION REIMBURSEMENT (ORG 423) 44302 4991 1,050.00 11/19/25 DEPARTMENT OF JUSTIC AUG 2025 HR DEPT LIVESCAN/FINGERPRINT 44325 2317194 32.00 11/19/25 BOB HALL & ASSOCIATE AUG-OCT HR RECRUITMENT SERVICES 44329 2317187 1,250.00 11/19/25 STERLING HEALTH SERV OCTOBER 2025 FSA ADMIN FEES 44330 5003 56.00 11/19/25 CAMPAGNOLO, NICOLE REIMBURSEMENT - MMASC CONFERENCE 44404 4992 165.90 TOTAL HUMAN RESOURCES 10,317.72
10030300 PLANNING
11/06/25 THE PLANNING CENTER MAY 25CONSULTANT SVCS FOR EUCLID/HEIL 43919 2317105 10,470.50 11/06/25 THE PLANNING CENTER JUN 25 CONSULTANT SERVICES FOR 43921 2317105 13,709.35 11/06/25 AMAZON NOTEBOOK WITH PEN AND PEN HOLDER CLIP- 43916 4914 14.13 11/06/25 KLING CONSULTING GRO SEPT 2025SOILS REVIEW CONSULTING SVCS 43463 2317080 850.00 11/06/25 KLING CONSULTING GRO SEPT 2025SOILS REVIEW CONSULTING SVCS 43465 2317080 850.00 11/13/25 INFOSEND, INC DATA PROCESSING PRINTING MAILING 44102 2317139 1,487.54 11/06/25 BLDG REFUND FULL REFUND FOR PERMIT 25-733 9446 43261 2317066 21.67 11/19/25 STRADLING YOCCA CARL LEGAL SERVICES-PLANNING-AFFORDABLE 44407 2317227 1,979.50 11/13/25 VERIZON WIRELESS 9/26-10/25/25 CELL PHONE/IPADS 44186 2317173 40.01 11/13/25 AT&T MOBILITY 9/27-10/26/25 CELL PHONE/IPADS 44185 2317121 89.80 11/19/25 AT&T MOBILITY 10/27-11/26/25 CELL PHONE/IPADS 44278 2317185 45.14 11/06/25 AMAZON LOGITECH WIRELESS MOUSE- 43915 4914 25.00 11/06/25 MICHAEL BAKER INTERN OCT 2025 - PROFESSIONAL SERVICES 43968 4931 6,517.00 11/19/25 ORANGE COUNTY REGIST OCTOBER 2025 ADVERTISEMENTS 44230 2317217 1,997.96 11/19/25 INFOSEND, INC OCTOBER 2025 DATA PROCESSING PRINTING 44276 2317209 875.75 11/06/25 ARELLANO ASSOCIATES 9/1-10/31/25 PROFESSIONAL SERVICES 44033 4918 368.28 TOTAL PLANNING 39,341.63
10030301 BUILDING & SAFETY
11/06/25 VCA CODE JULY 2025 BUILDING PLAN RVW AND STAFFING 43426 4936 12,251.25 11/13/25 OC SANITATION DISTRI SEPTEMBER 2025 SEWER CONNECTION 43631 2317147 (721.36) 11/19/25 GRM INFORMATION MANA DESTRUCTION INVOICE FOR 253 PLANS 44292 4996 1,899.00 11/06/25 BLDG REFUND FULL REFUND FOR PERMIT 25-733 9446 43261 2317066 397.49 11/13/25 VERIZON WIRELESS 9/26-10/25/25 CELL PHONE/IPADS 44186 2317173 99.31
11/13/25 AT&T MOBILITY 9/27-10/26/25 CELL PHONE/IPADS 44185 2317121 210.52 11/06/25 CALIFORNIA BUILDING 3RD QTR JUL - SEPT SB1473 GREEN BUILDING 43687 2317067 (91.60) TOTAL BUILDING & SAFETY 14,044.61
10030305 ECONOMIC DEVELOPMENT
11/13/25 AT&T MOBILITY 9/27-10/26/25 CELL PHONE/IPADS 44185 2317121 44.90 11/13/25 COSTAR REALTY INFORM 11/1-11/30/25 REAL ESTATE SEARCH SERVICE 44103 2317127 412.69 TOTAL ECONOMIC DEVELOPMENT 457.59
10030310 CODE ENFORCEMENT
11/06/25 AMAZON MONITOR STAND RISER-DALEY 43917 4914 16.30 11/06/25 AMAZON IPHONE CASE-NEWMAN 43918 4914 20.64
11/13/25 VERIZON WIRELESS 9/26-10/25/25 CELL PHONE/IPADS 44186 2317173 38.01 11/13/25 AT&T MOBILITY 9/27-10/26/25 CELL PHONE/IPADS 44185 2317121 40.24 TOTAL CODE ENFORCEMENT 115.19
10040400 FINANCE
11/06/25 HINDERLITER, DE LLAM APR-JUN'25 CONTRACT/AUDIT SVS - SALES TAX 43975 2317074 4,026.08 11/19/25 AT&T MOBILITY 10/27 - 11/26/25 R SMITH CELL PHONE 44241 2317183 45.14 11/19/25 HDL COREN & CONE OCT-DEC 2025 PROPERTY TAX CONTRACT 44413 2317208 3,960.00 TOTAL FINANCE 8,031.22
10040401 PURCHASING
11/13/25 PRIMO BRANDS 8710065142 CH 7/27/25 - 8/26/25 DRINKING 44048 2317151 752.74 11/13/25 PRIMO BRANDS 8710065142 CH 8/27/25 - 9/26/25 DRINKING 44049 2317151 367.58 11/13/25 NEOFUNDS/TOTALFUNDS 202510 POSTAGE REPLENISHMENT 44047 2317146 3,000.00 11/13/25 PRIMO BRANDS 8710065142 CH 9/27/25 - 10/26/25 DRINKING 44050 2317151 367.58 11/13/25 AMAZON CH OFFICE SUPPLIES/KITCHEN SUPPLIES 44046 4958 130.60 11/19/25 PROFORMA PRINTING SY CITY ENVELOPE (WINDOW, BLANK AND 44327 2317222 2,575.41 TOTAL PURCHASING 7,193.91
10050500 ENGINEERING
11/13/25 ARC DOCUMENT SOLUT BLUEPRINT - PD PROJECT MYLARS 43697 2317117 1,715.54 11/06/25 AMAZON OCT 2025 - PW ENG OFFICE SUPPLIES 43476 4914 71.21 11/06/25 SO CALIF EDISON CO REFUND FV INV #22511 43532 2317095 67.45 11/13/25 AT&T MOBILITY 9/27-10/26/25 - CELL PH TG SM KK JP KH RD SS 44014 2317119 496.99 11/13/25 AMAZON OCT 2025 - PW ENG OFFICE SUPPLIES 44051 4958 21.72 11/06/25 CANON U.S.A., INC. NOV 2025 - CANON MAINTENANCE & SERVICES 43979 4923 433.37 11/13/25 AMAZON OCT 2025 - PW ENG OFFICE SUPPLIES 44052 4958 66.18 TOTAL ENGINEERING 2,872.46
10050503 STREET LIGHTING
11/19/25 BEAR ELECTRICAL SOLU AUG 2025 - STREET LIGHT REPAIRS 44223 4989 9,213.00 11/19/25 BEAR ELECTRICAL SOLU SEP 2025 - STREET LIGHTS REPAIRS 44224 4990 1,882.00 11/06/25 YUNEX, LLC SEP 2025 - T.S. CALL OUTS 43475 4939 4,890.23 11/17/25 SO CALIF EDISON CO OCT 2025 - STREET LIGHTS ELECTRICITY 44196 2317175 9,367.94 11/17/25 SO CALIF EDISON CO OCT 2025 - STREET LIGHTS ELECTRICITY 44195 2317174 18,444.52 TOTAL STREET LIGHTING 43,797.69
10050550 RIGHTS-OF-WAY
11/06/25 JHM SUPPLY, INC BRASS VALVES/FITTING KIT 43982 2317078 2,925.07 11/06/25 JHM SUPPLY, INC BRASS VALVE 43983 2317078 2,146.75
11/06/25 JHM SUPPLY, INC SUPPLIES FOR SPORTS PARK LANDSCAPING 43985 2317078 2,019.32 11/19/25 RESOURCE BUILDING MA DECOMPOSED GRANITE 44383 2317224 991.08 11/06/25 SO CALIF EDISON CO 10/03/25 to 11/02/25 ROWS 44077 2317100 101.11 TOTAL RIGHTS-OF-WAY 8,183.33
10050551 TREE MAINTENANCE
11/06/25 GREAT SCOTT TREE SER E-5 PALM TREE TRIMMING SERVICES 43974 4927 2,541.30 11/06/25 GREAT SCOTT TREE SER F-5 PALM TREE TRIMMING SERVICES 43971 4927 1,773.00 11/06/25 GREAT SCOTT TREE SER F-4 TREE TRIMMING MAINTENANCE SERVICES 43964 4927 591.00 11/06/25 GREAT SCOTT TREE SER E-6 PALM TREE TRIMMING MAINTENANCE 43965 4927 177.30 11/06/25 GREAT SCOTT TREE SER G-2 PALM TREE TRIMMINGS SERVICES 43973 4927 591.00 11/06/25 GREAT SCOTT TREE SER EMERGENCY LIMB AT 8871 CANARY AVE 43972 4927 651.24 11/06/25 ALAN'S LAWNMOWER & G TOOLS FOR LANDSCAPE 43993 2317057 438.15 11/13/25 GREAT SCOTT TREE SER UNDERCHARGED FOR TREES MAY PLANTING 44173 4967 506.25 TOTAL TREE MAINTENANCE 7,269.24
10050552 PARK MAINTENANCE
11/06/25 MERCHANTS LANDSCAPE 9/2025 CIVIC FACILITIES LANDSCAPE 43966 4930 4,183.54 11/06/25 MERCHANTS LANDSCAPE 9/2025 PARKS & CIVIC FAC. LANDSCAPE 43967 4930 21,985.27 11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 119.73 11/19/25 AMAZON WATER PUMP & HOSE FOR MAINLINES AT 44369 4986 405.51 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 19.02 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 19.53 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 19.53 11/19/25 AMAZON LOCKS TO BE USED FOR CALSENSE 44371 4986 32.61 11/19/25 BEE BUSTERS, INC. BEES AT CORDATA PARK INSIDE IRRIGATION 44372 2317186 185.00 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 19.53 11/06/25 SO CALIF EDISON CO 10/06/25 to 11/03/25 NIEBLAS PARK (GARDENIA) 44075 2317094 28.81 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 20.07 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 20.07 TOTAL PARK MAINTENANCE 27,058.22
10050553 CONCRETE MAINTENANCE
11/13/25 ROADLINE PRODUCTS IN GRAFFITI REMOVER 44150 4977 696.50 11/06/25 UNITED RENTALS NORTH PROPANE 43544 2317106 80.90 11/06/25 UNITED RENTALS NORTH CONCRETE MIX TRAILER 43986 2317106 337.35 11/06/25 VISTA PAINT CORP PAINT FOR GRAFFITI 43556 2317110 129.75 11/13/25 FULL TRAFFIC MAINTEN CAUTION TAPE 44017 2317135 191.23 11/13/25 RESOURCE BUILDING MA CONCRETE 44147 2317157 308.15 TOTAL CONCRETE MAINTENANCE 1,743.88
10050554 PAVEMENT MAINTENANCE
11/19/25 ROADLINE PRODUCTS IN PAINT FOR GRAFFITI AND RED CURB 44216 5000 3,336.38 11/06/25 RED WING BUSINESS AD SAFETY BOOTS-E.S. 43549 2317090 265.00 11/19/25 ALL AMERICAN ASPHALT ASPHALT REPAIR 44253 2317177 687.28 11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 19.02 11/19/25 ALL AMERICAN ASPHALT ASPHALT WORK 44189 2317177 495.23 11/19/25 ALL AMERICAN ASPHALT BASE FOR STREETS 44249 2317177 207.61 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 19.53
11/19/25 RED WING BUSINESS AD SAFETY BOOTS-R.A. 44193 2317223 249.08 11/19/25 ALL AMERICAN ASPHALT ASPHALT WORK 44187 2317177 352.85 11/19/25 AMAZON 4 RAIN JACKETS 44248 4986 493.84
11/19/25 ALL AMERICAN ASPHALT ASPHALT WORK 44188 2317177 253.48 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 19.02 11/13/25 PACIFIC PRODUCTS STREET SIGNS -NO OUTLET 44170 2317148 1,321.31 11/13/25 ASSOCIATED READY MIX CONCRETE 44171 2317118 1,816.13 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 19.02 11/19/25 ALL AMERICAN ASPHALT ASPHALT REPAIR 44254 2317177 253.48 11/19/25 ROADLINE PRODUCTS IN PAINT FOR CURBS 44255 5000 1,084.40 11/19/25 UNITED RENTALS NORTH CONCRETE-SIDEWALK 44191 2317231 367.98 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 133.07 11/19/25 ALL AMERICAN ASPHALT ASPHALT MIX 44365 2317177 157.93 11/19/25 PACIFIC PRODUCTS BLADES 44366 2317220 1,624.38 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 120.09 11/19/25 VULCAN MATERIAL COMP ASPHALT 44250 2317234 315.34 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 29.38 TOTAL PAVEMENT MAINTENANCE 13,640.83
10050555 STORM DRAIN MAINT
11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 8.53 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 8.53 11/06/25 FUSCOE ENGINEERING SEP 2025 - MS4 AUDIT PREPARATION 44000 4926 7,143.75 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 8.53 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 8.53 11/06/25 JOHN L. HUNTER & ASS AUG 2025 - WQMP & HYDROLOGY 17103 44026 2317079 1,468.50 11/06/25 JOHN L. HUNTER & ASS AUG 2025 - WQMP REVIEWS 16582 44027 2317079 981.50 11/06/25 JOHN L. HUNTER & ASS AUG 2025 - WQMP & HYDROLOGY REVIEWS 44029 2317079 2,106.75 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 8.53 11/13/25 SO CALIF GAS CO 10/2/25-11/3/25 WALNUT PUMP STATION 44211 2317163 61.27 11/13/25 SO CALIF GAS CO 10/3/25-11/4/25 SANDALWOOD PUMP STATION 44206 2317163 26.63 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 8.88 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 8.88 TOTAL STORM DRAIN MAINT 11,848.81
10050558 RECREATION CENTER
11/06/25 MERCHANTS LANDSCAPE 9/2025 SPORTS PARK LANDSCAPE MAINT 43969 4930 42,618.77 11/06/25 MERCHANTS LANDSCAPE 9/2025 SPORTS PARK LANDSCAPE MAINT 43970 4930 1,162.33 11/06/25 IMPERIAL SPRINKLER S IRRIGATION PARTS FOR SPORTS PARK 43991 2317075 1,524.74 11/19/25 AMAZON CAR CHARGER FOR PHONE AND DEVICES 44370 4986 29.35 11/19/25 AMAZON CARGO ADJUSTABLE BAR 44368 4986 77.19
11/19/25 SITEONE LANDSCAPE SU IRRIGATION SPRINKLERS FOR SP 44373 2317226 844.61 11/13/25 ORANGE COUNTY WATER RECYCLED WATER USAGE 6/22/25 TO 10/12/25 44065 4974 19,574.22 TOTAL RECREATION CENTER 65,831.21
10060600 FIRE SUPPRESSION
11/06/25 AT&T MOBILITY 9.9.25-10.8.25 FIRE BACK UP CELLS 43603 2317061 724.32 11/06/25 AT&T MOBILITY 9.9.25-10.8.25 FIRE CELL PHONES 43604 2317062 184.65
11/06/25 AMAZON MICROPRISMATIC SONSPICUITY TAPE FOR 43605 4914 23.71 11/06/25 AMAZON OFFICE SUPPLIES FIRE ADMIN 43606 4914 100.03 11/06/25 AWARDS & TROPHIES CO METAL PHOTO PLATE - KURI 43608 2317063 14.50 11/06/25 AMAZON OFFICE SUPPLIES STATION 2 43609 4914 15.74 11/06/25 INLAND FLEET SOLUTIO APPARATUS MAINTENANCE AND REPAIR RIG 43610 2317077 9,686.28 11/06/25 CITY OF HUNTINGTON B ANNUAL AGREEMENT FOR FIRE DEPT 43622 2317068 12,586.00 11/13/25 L.N. CURTIS & SONS CREDIT FOR RETURNED COUPLING 43623 2317143 (126.15) 11/06/25 ALLSTAR FIRE EQUIPME WILDLAND BOOTS/SUSPENDERS 43690 2317058 1,239.75 11/06/25 CATHEY, AUSTIN REIMBURSEMENT FOR PARAMEDIC LICENSE 43691 4924 250.00 11/06/25 INLAND FLEET SOLUTIO APPARATUS MAINTENANCE AND REPAIR UNIT 43692 2317077 4,081.40 11/06/25 INLAND FLEET SOLUTIO APPARATUS MAINTENANCE AND REPAIR UNIT 43693 2317077 1,775.56 11/06/25 INLAND FLEET SOLUTIO APPARATUS MAINTENANCE AND REPAIR UNIT 43694 2317077 1,175.83 11/06/25 INLAND FLEET SOLUTIO APPARATUS MAINTENANCE AND REPAIR UNIT 43695 2317077 653.98 11/06/25 AMAZON DESK CALENDARS 43696 4914 29.85
11/06/25 AMAZON OFFICE SUPPLIES FIRE STATION 1 43925 4914 440.61 11/06/25 AMAZON PRESSURE WASHER STATION 2 43931 4914 184.86 11/06/25 VERIZON WIRELESS 10.23.25-11.22.25 FIRE AVL TRACKERS 43936 2317107 990.26 11/13/25 VERIZON WIRELESS 10.26.25-11.25.25 FIRE CELL PHONES 44113 2317170 95.02 11/13/25 AMAZON OFFICE SUPPLIES TRAINING CAPTAIN 44114 4958 65.21 11/13/25 DANIEL'S TIRE SERVIC TIRES FOR FIRE APPARATUS UNIT 398 44115 2317131 372.55 11/13/25 ALLSTAR FIRE EQUIPME STINGER TPR RESCUE GLOVES 44116 2317114 750.38 11/13/25 AMAZON CREDIT FOR DESK CALENDAR 44117 4958 (21.52) 11/13/25 AMAZON CREDIT MEMO FOR DESK CALENDAR 44118 4958 (21.51) 11/13/25 AMAZON CREDIT FOR DESK CALENDAR 44119 4958 (21.51) 11/13/25 L.N. CURTIS & SONS DIAMOND BLADE 44124 2317143 174.48 11/13/25 CROSS CONNECTIONS EM RAIDO PROGRAMMING & REPAIR 44125 2317128 1,387.05 11/13/25 GRAY, JASON REIMBURSEMENT FOR PARAMEDIC LICENSE 44127 4966 250.00 11/13/25 ARAMARK REFRESHMENT 10.1.25-10.31.25 COFFEE LEASE STATION 1 44130 2317116 28.00 11/13/25 PURETEC INDUSTRIAL W DEIONIZED WATER TANK RENTAL STATION 1 44131 2317153 21.67 11/13/25 PURETEC INDUSTRIAL W DEIONIZED WATER TANK RENTAL STATION 2 44132 2317153 21.67 11/13/25 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 2 44133 2317153 130.75 11/13/25 PURETEC INDUSTRIAL W DEIONIZED WATER SYSTEM STATION 1 44134 2317153 130.75 TOTAL FIRE SUPPRESSION 37,394.17
10060601 PARAMEDICS
11/06/25 AMAZON JANITORIAL SUPPLIES STATIONS 43699 4914 105.78 TOTAL PARAMEDICS 105.78
10060602 AMBULANCE SERVICES
11/06/25 AT&T MOBILITY 9.9.25-10.8.25 AMBULANCE CELL PHONES 43602 2317060 44.90 11/06/25 BOUND TREE MEDICAL FIRST AID/MEDICAL SUPPLIES 43624 4921 143.46 11/06/25 BOUND TREE MEDICAL FIRST AID/MEDICAL SUPPLIES 43625 4921 272.10 11/06/25 LIFE ASSIST FIRST AID/MEDICAL SUPPLIES 43627 4929 73.52 11/06/25 ZOLL MEDICAL CORPORA LITHIUM ION SUPERPWOER BATTERIES 43688 2317111 818.49 11/06/25 BOUND TREE MEDICAL FIRST AID/MEDICAL SUPPLIES 43689 4921 2,499.22 11/06/25 LIFE ASSIST FIRST AID/MEDICAL SUPPLIES 43924 4929 198.85 11/06/25 LIFE ASSIST FIRST AID/MEDICAL SUPPLIES 43926 4929 1,234.76
11/06/25 CALIF DEPT OF HEALTH VRRP-IGT PROGRAM 44011 4922 527,792.00 11/13/25 VERIZON WIRELESS 10.26.25-11.25.25 AMBULANCE CELL PHONE 44120 2317171 38.86 11/13/25 BOUND TREE MEDICAL FIRST AID/MEDICAL SUPPLIES 44121 4961 129.00 11/13/25 BOUND TREE MEDICAL FIRST AID/MEDICAL SUPPLIES 44122 4961 311.98 11/13/25 VERIZON WIRELESS 10.23.25-11.22.25 AMBULANCE AVL TRACKERS 44123 2317172 152.04 11/13/25 LIFE ASSIST FIRST AID/MEDICAL SUPPLIES 44126 4973 1,234.57 11/13/25 SPECTRUM GAS PRODUCT OXYGEN CYLINDER RENTAL STATION 2 44128 2317164 64.40 11/13/25 SPECTRUM GAS PRODUCT OXYGEN CYLINDER RENTAL STATION 1 44129 2317164 136.85 11/13/25 CARE AMBULANCE AMBULANCE SERVICES SEPTEMBER 2025 44135 4962 13,875.00 11/13/25 CARE AMBULANCE 10.28.25-11.1.25 CONTRACT AMBULANCE 44136 4962 54,662.44 11/13/25 CARE AMBULANCE 10.14.25-10.27.25 CONTRACT AMBULANCE 44137 4962 54,662.44 TOTAL AMBULANCE SERVICES 658,344.88
10060603 FIRE PREVENTION
11/06/25 AT&T MOBILITY 9.9.25-10.8.25 FIRE CELL PHONES 43604 2317062 94.85 11/13/25 VERIZON WIRELESS 10.26.25-11.25.25 FIRE CELL PHONES 44113 2317170 51.95 TOTAL FIRE PREVENTION 146.80
10060604 FIRE RESERVES
11/13/25 CHEN, SCOTT RESERVE MEAL STIPENED OCTOBER 44138 4964 20.00 11/13/25 QUINONEZ, CESAR RESERVE MEAL STIPENED OCTOBER 44139 4975 20.00 11/13/25 TERRILL, JACOB RESERVE MEAL STIPENED OCTOBER 44140 4979 20.00 TOTAL FIRE RESERVES 60.00
10060605 DISASTER PREPAREDNESS
11/06/25 AT&T MOBILITY 9.9.25-10.8.25 FIRE CELL PHONES 43604 2317062 44.90 11/13/25 VERIZON WIRELESS 10.26.25-11.25.25 FIRE CELL PHONES 44113 2317170 38.86 TOTAL DISASTER PREPAREDNESS 83.76
10070700 PATROL
11/13/25 VERITONE, INC RACIAL PROFILING DATA COLLECTION 44064 4981 5,500.00 11/13/25 CITY NET SEPT 2025 - OUTREACH SERVICES 44066 2317126 31,416.62 11/13/25 STERI CLEAN HAZMAT CLEANUP 44080 2317166 1,684.00 11/13/25 PREMIER UNIFORMS SHOULDER PATCHES 44058 2317150 1,235.00 11/13/25 JILL PROMOTIONS SWAG JOURNALS 44063 2317141 672.30 11/13/25 AMAZON FLASH DRIVES - RECORDS 44062 4958 163.04 11/13/25 CALIF FORENSIC PHLEB OCT 2025 - BLOOD DRAWS 44071 2317125 2,054.00 11/13/25 FORENSIC NURSE SPECI VICTIM EXAM - DR 25-32515 44069 2317134 1,700.00 11/06/25 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 43963 2317084 605.42 11/13/25 DALE, MADISON HOTEL/MEALS/MILEAGE CAHN CONFERENCE 44057 4965 1,298.22 11/13/25 WILLIAMS, HEATHER HOTEL/MEALS/MILEAGE POST MGMT SESSION 44081 4982 1,288.70 TOTAL PATROL 47,617.30
10070701 INVESTIGATION
11/06/25 COUNTY OF ORANGE SEPT 2025 - AFIS 44061 2317070 1,688.00 11/06/25 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 43963 2317084 46.38 11/13/25 HUGHES, WILLIAM MEALS/MILEAGE PEER SUPPORT CONF 44082 4969 308.32 TOTAL INVESTIGATION 2,042.70
10070702 TRAFFIC
11/19/25 ALL CITY MANAGEMENT 8/17/25-8/30/25 CROSSING GUARDS 44309 4985 4,733.15
11/19/25 ALL CITY MANAGEMENT 8/31/25-9/13/25 CROSSING GUARDS 44310 4985 10,185.26 11/19/25 ALL CITY MANAGEMENT 9/14/25-9/27/25 CROSSING GUARDS 44311 4985 11,333.84 11/19/25 ALL CITY MANAGEMENT 9/28/25-10/11/25 CROSSING GUARDS 44312 4985 11,255.91 11/19/25 ALL CITY MANAGEMENT 10/12/25-10/25/25 CROSSING GUARDS 44315 4985 11,024.53 11/13/25 UNIVERSAL PROTECTION 9/26/25-10/30/25 - PARKING ENFORCEMENT 44059 4980 15,938.41 TOTAL TRAFFIC 64,471.10
10070705 L.E. COMMUNICATIONS
11/13/25 CYRACOM INTERNATIONA OCT 2025 - NON-EMERGENCY TRANSLATIONS 44072 2317129 107.64 TOTAL L.E. COMMUNICATIONS 107.64
10070707 CRIME PREVENTION
11/06/25 PETTY CASH FIELD SER PETTY CASH REIMBURSEMENT 43963 2317084 59.94 11/13/25 AMAZON THANK YOU TAGS 44068 4958 38.02
TOTAL CRIME PREVENTION 97.96
10080800 RECREATION CENTER
11/06/25 VERIZON WIRELESS 6/02 - 7/01/25 RC PARK PATROL & ATHLETICS 44085 2317109 45.02 11/06/25 VERIZON WIRELESS 9/02 - 10/01/25 RC PARK PATROL & ATHLETICS 44084 2317108 45.02 11/13/25 AMAZON RC & FIELD OFFICE SUPPLIES 44178 4958 152.91 11/13/25 PRIMO BRANDS 8710024716 REC CENTER WATER 9/27/25- 44180 2317151 96.73 11/13/25 AMAZON RC OFFICE SUPPLIES 44176 4958 62.96
11/13/25 SPECTRUM GAS PRODUCT HELIUM REFILL 10/31/25 44181 2317164 28.28 11/06/25 AMAZON BUILDING SUPPLIES - DOOR STOPS 43956 4916 73.55 TOTAL RECREATION CENTER 504.47
10080801 ATHLETICS
11/06/25 VERIZON WIRELESS 6/02 - 7/01/25 RC PARK PATROL & ATHLETICS 44085 2317109 37.57 11/06/25 VERIZON WIRELESS 9/02 - 10/01/25 RC PARK PATROL & ATHLETICS 44084 2317108 37.59 11/13/25 AMAZON RC & FIELD OFFICE SUPPLIES 44178 4958 28.99 11/06/25 REC SVCS REFUND YOUTH BASKETBALL REFUND 742010 43666 2317089 70.00 11/06/25 REC SVCS REFUND YOUTH BASKETBALL REFUND 742010 43953 2317088 70.00 11/06/25 QUANTUM SIGNS & GRAP TABLECLOTH FOR YOUTH BASKETBALL 43957 2317086 255.56 11/06/25 MANHATTAN STITCHING STAFF SHIRTS FOR YOUTH BASKETBALL 43959 2317081 840.64 11/13/25 SPORTS FACILITIES GR (6) DOZEN SOFTBALLS FOR ADULT SOFTBALL 44092 2317165 715.98 11/13/25 D&B UMPIRES UMPIRE FEES FOR GAMES 10/13-10/24 44093 2317130 1,206.00 11/19/25 D&B UMPIRES UMPIRE FEES FOR GAMES 10/27/2025-11/7/2025 44300 2317191 1,656.00 TOTAL ATHLETICS 4,918.33
10080810 SENIOR & COMM CENTER
11/06/25 THE LIGHTHOUSE OUTRE SR CASE MGMT & REFERRAL/SOCIAL SVC 43978 2317103 6,709.50 11/13/25 LEI JES CATERING CATERING FOR 10.20.25 LUNCH & LEARN 44145 4972 125.73 11/06/25 AMAZON OFFICE SUPPLIES 43987 4914 68.21
11/06/25 AMAZON REFUND FOR BILLIARDS CHALK 43988 4914 (10.76) 11/06/25 AMAZON REFUND FOR BILLIARDS CHALK 43990 4914 (10.76) 11/06/25 AMAZON OFFICE SUPPLIES 43994 4914 22.75
11/13/25 LEI JES CATERING CATERING FOR BILLIARDS TOURNAMENT 44144 2317144 113.13 11/06/25 AMAZON OFFICE SUPPLIES 43992 4914 22.61
11/06/25 SPECTRUM GAS PRODUCT SC HELIUM TANK RENTAL - OCTOBER 44006 2317102 13.00 11/13/25 S.C. GYM REPAIR SC FITNESS ROOM MONTHLY SERVICE & 44184 2317158 210.00
11/19/25 AMAZON OFFICE SUPPLIES - PRINTER INK 44335 4986 93.51 TOTAL SENIOR & COMM CENTER 7,356.92
10080820 CONTRACT CLASSES
11/06/25 WEST GROVE VOLLEYBAL INSTRUCTOR PAYMENT 101955 43950 4937 722.40 11/06/25 YOUNG REMBRANDTS INSTRUCTOR PAYMENT 105429 43951 4938 273.00 11/06/25 DEN HARTOG, ERICA INSTRUCTOR PAYMENT 100500 43952 4925 291.20 11/13/25 POSTMASTER/U.S.POSTA POSTAGE FOR WINTER 43954 2317149 5,000.00 11/13/25 REC SVCS REFUND REFUND FOR 742010-A2 44018 2317154 70.00 11/13/25 REC SVCS REFUND REFUND FOR 251139-A2 44036 2317155 36.00 TOTAL CONTRACT CLASSES 6,392.60
10080821 SPECIAL EVENTS
11/13/25 AMAZON DIA DE LOS MUERTOS GIVEAWAYS 44177 4958 181.42 11/13/25 AMAZON DIA DE LOS MUERTOS GIVEAWAYS 44175 4958 123.66 11/06/25 AMAZON SPECIAL EVENT SUPPLIES 43955 4915 170.48 11/06/25 QUANTUM SIGNS & GRAP SIGNS FOR EVENT - HALLOWEEN HOUSE 43958 2317087 265.08 TOTAL SPECIAL EVENTS 740.64
10080823 PARK PATROL
11/06/25 VERIZON WIRELESS 6/02 - 7/01/25 RC PARK PATROL & ATHLETICS 44085 2317109 51.27 11/06/25 VERIZON WIRELESS 9/02 - 10/01/25 RC PARK PATROL & ATHLETICS 44084 2317108 51.28 11/06/25 AMAZON RESTROOM CLOSED & WET FLOOR SIGNS FOR 43922 4914 112.99 11/13/25 AMAZON TRASH CANS FOR POD A & POD B BATHROOMS 44055 4958 83.74 TOTAL PARK PATROL 299.28
10095001 GENERAL FUND
11/13/25 PSOMAS 9/26-10/23/25 - I405 IMPROVEMENT 44001 2317152 3,109.78 TOTAL GENERAL FUND 3,109.78
10098001 GENERAL FUND
11/19/25 RHA LANDSCAPE PARKS & COMMUNITY SERVICES MASTER PLAN 44333 2317225 4,000.00 TOTAL GENERAL FUND 4,000.00
11000000 ISF INFORMATION PROCESSING
11/06/25 SO CALIF EDISON CO REFUND FV INV #22511 43532 2317095 3.55 TOTAL ISF INFORMATION PROCESSING 3.55
11010050 ISF IS ADMIN CAPITAL
11/13/25 AXON ENTERPRISE, INC BODY-WORN CAMERAS (61) AND LICENSES 44107 2317122 168,618.41 11/13/25 AXON ENTERPRISE, INC CREDIT TRANSFER FOR SOFTWARE AND 44108 2317122 (17,202.86) 11/19/25 CITYTECH SOLUTIONS, 7/1/25-12/31/25 PERMITTING SOFTWARE 44285 4993 25,698.50 11/13/25 ADVANCED OFFICE / IN CONTRACT 41290 OVERAGE 9/26 - 10/25/25 44112 2317113 1,034.75 11/19/25 CHARTER COMMUNICATIO 11/1 - 11/30/25 PD CABLE TV 44235 2317188 107.38 11/19/25 CHARTER COMMUNICATIO 11/1 - 11/30/25 CH FIBER 44236 2317189 1,975.00 11/13/25 ADVANCED OFFICE / IN CONTRACT M-22588 OVERAGE 10/3 - 11/2/25 44042 2317113 112.59 11/13/25 ADVANCED OFFICE / IN CONTRACT M-22588 OVERAGE 10/1 -10/31/25 44043 2317113 55.86 11/13/25 ADVANCED OFFICE / IN CONTRACT 41585 10/6 - 11/5/25 OVERAGE 44086 2317113 40.62 TOTAL ISF IS ADMIN CAPITAL 180,440.25
11010104 ISF IS
11/13/25 BOHLSON, STEVEN MILEAGE REIMBURSEMENT - 2025 MISAC 44041 4960 123.06 11/19/25 AT&T MOBILITY 9/27 - 10/26/25 IT STAFF PHONES 44238 2317182 149.85
11/19/25 AT&T MOBILITY 9/27 - 10/26/25 EMERGENCY CELL 44243 2317184 265.52 TOTAL ISF IS 538.43
11110000 ISF GB CITY HALL
11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 18.35 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 18.35 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 18.35 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 18.35 11/19/25 ROAD RUNNER EXTERMIN 10/2025 MONTHLY PEST SERVICE-CITY HALL 44323 4999 76.00 11/19/25 ROAD RUNNER EXTERMIN INTERIOR ROACHES-1 TIME SERVICE-CITY 44324 4999 95.00 11/06/25 PACIFIC COAST REFRIG RISK MANAGER HVAC INSTALL 44002 2317083 3,350.00 11/19/25 FRONTIER COMMUNICATI 10/25 - 11/24/25 T-1 METRONET 44274 2317201 799.15 11/19/25 FRONTIER COMMUNICATI 10/28 - 11/27/25 EOC LINES 44273 2317200 721.69 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 18.35 11/13/25 AMAZON CH OFFICE SUPPLIES/KITCHEN SUPPLIES 44046 4958 78.28 11/19/25 FRONTIER COMMUNICATI 11/1 - 11/30/25 METRONET 44264 2317198 518.65 11/13/25 SO CALIF EDISON CO 10/07/25 to 11/04/25 CITY HALL 44151 2317160 8,277.80 11/19/25 AR INDUSTRIES REPAIR OF WEST PATIO GATE 44201 2317179 634.05 11/13/25 SO CALIF GAS CO 10/2/25-11/3/25 CITY HALL 44213 2317163 757.05 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 18.86 11/19/25 SMARDAN SUPPLY CO. KITCHEN WATER LINE REPAIR 44256 5002 12.97 11/19/25 SMARDAN SUPPLY CO. BREAKROOM WATER LINE REPAIR 44257 5002 82.74 11/19/25 DAVID CROWELL ELECTR ELECTRICAL FOR NEW WATER SYSTEM 44260 2317192 340.00 11/19/25 DAVID CROWELL ELECTR ELECTRICAL FOR RISK MANAGER HVAC 44261 2317192 170.00 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 18.86 TOTAL ISF GB CITY HALL 16,042.85
11150000 ISF GB CITY YARD
11/06/25 CLEMENT COMMUNICAT SAFETY POSTERS FOR YARD 43997 2317069 849.38 11/19/25 AMTECH ELEVATOR SERV 11/2025 ELEVATOR MAINTENANCE-CITY YARD 44357 4988 235.05 11/19/25 DEPARTMENT OF INDUST ANNUAL STATE ELEVATOR TEST 44350 2317193 225.00 11/19/25 AT&T 9/22 - 10/21/25 FS #2/CY/REC PHONES 44244 2317181 210.68 11/19/25 MARCOM COMMUNICATION 9/25/25-10/25/25 MONTHLY ELEVATOR 44362 2317214 48.00 11/19/25 ROAD RUNNER EXTERMIN 10/1/25-12/31/25 QUARTERLY PEST CONTROL- 44332 4999 149.00 11/19/25 SMARDAN SUPPLY CO. EYEWASH STATION REPAIR 44343 5002 22.49 11/06/25 SO CALIF EDISON CO 10/03/25 to 11/02/25 CORPORATION YARD 44076 2317099 2,469.33 11/19/25 SMARDAN SUPPLY CO. EYEWASH STATION REPAIR 44342 5002 10.23 11/13/25 SO CALIF GAS CO 10/3/25-11/4/25 YARD 44207 2317163 62.97 TOTAL ISF GB CITY YARD 4,282.13
11160001 ISF GB FS1
11/06/25 SO CALIF EDISON CO 09/29/25 to 10/27/25 FIRE STATION NO. 1 43704 2317097 1,911.94 11/19/25 SMARDAN SUPPLY CO. INSTALL SHOWER DRAIN CLEANOUT 44341 5002 3.78 11/19/25 FRONTIER COMMUNICATI 11/1 - 11/30/25 FS#1 METRONET 44272 2317199 43.19 11/19/25 PROFESSIONAL PLUMBIN REPAIR OF BATHROOM SINKS 44259 4998 331.00 11/13/25 SO CALIF GAS CO 10/2/25-11/3/25 FIRE STATION #1 44214 2317163 366.78 TOTAL ISF GB FS1 2,656.69
11160002 ISF GB FS2
11/19/25 AT&T 9/22 - 10/21/25 FS #2/CY/REC PHONES 44244 2317181 210.68 11/19/25 SMARDAN SUPPLY CO. LAUNDRY ROOM DRAIN CLEAN OUT 44347 5002 155.41 11/13/25 SO CALIF GAS CO 10/3/25-11/4/25 FIRE STATION #2 44208 2317163 117.85 11/19/25 SMARDAN SUPPLY CO. URINAL UNCLOG 44258 5002 39.24 TOTAL ISF GB FS2 523.18
11170000 ISF GB POLICE DEPARTMENT
11/19/25 AMTECH ELEVATOR SERV 11/2025 ELEVATOR MAINTENANCE-PD 44358 4988 212.51 11/06/25 COUNTY OF ORANGE SEPT 2025 - OCATS 44060 2317070 1,374.20 11/19/25 VERIZON WIRELESS 9/23 - 10/22/25 PD MDC 44275 2317233 1,156.03 11/19/25 ROAD RUNNER EXTERMIN 10/2025 MONTHLY PEST SERVICE-PD 44321 4999 112.00 11/13/25 SO CALIF EDISON CO 10/07/25 to 11/04/25 POLICE DEPARTMENT 44152 2317161 7,890.34 11/13/25 SO CALIF GAS CO 10/2/25-11/3/25 PD 44215 2317163 922.44 TOTAL ISF GB POLICE DEPARTMENT 11,667.52
11180000 ISF GB REC CENTER
11/19/25 SMARDAN SUPPLY CO. BUILDING H RESTOOM FAUCET REPAIR 44344 5002 69.00 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44349 5002 70.85 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44348 5002 940.00 11/19/25 AT&T 9/22 - 10/21/25 FS #2/CY/REC PHONES 44244 2317181 210.68 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44334 5002 22.30 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44336 5002 32.75 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44337 5002 9.15 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44338 5002 276.07 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44345 5002 18.56 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44346 5002 105.36 11/19/25 SMARDAN SUPPLY CO. NEW WATER HEATER INSTALL 44340 5002 45.15 11/19/25 AR INDUSTRIES ENTRY DOOR PIVOT REPAIR-REC CENTER 44361 2317179 1,422.45 11/06/25 SO CALIF EDISON CO 09/30/25 to 10/28/25 REC MAINT BLDG 43976 2317098 26.19 11/06/25 SO CALIF EDISON CO 09/30/25 to 10/28/25 SPORTS PARK 43980 2317094 27.62 11/06/25 SO CALIF EDISON CO 09/30/25 to 10/28/25 REC CENTER 44078 2317101 2,717.11 11/19/25 ROAD RUNNER EXTERMIN 10/2025 MONTHLY PEST SERVICE SPORTS 44320 4999 184.00 11/19/25 ROAD RUNNER EXTERMIN 10/2025 MONTHLY PEST SERVICE-REC CENTER 44322 4999 86.00 11/13/25 KEN'S LOCKSMITHERY LOCK REPAIR GYM STORAGE 44148 2317142 80.81 11/13/25 SO CALIF EDISON CO 10/07/25 to 11/04/25 PARK & RIDE - RC 44153 2317162 2,318.78 11/13/25 SO CALIF GAS CO 10/3/25-11/4/25 REC CENTER 44210 2317163 471.84 TOTAL ISF GB REC CENTER 9,134.67
11180001 ISF GB SR CENTER
11/13/25 JMG SECURITY SYSTEMS 7/1/25-9/30/25 RECURRING BURG ALARM 44067 4971 201.42 11/13/25 JMG SECURITY SYSTEMS 7/1/25-9/30/25 RECURRING FIRE SYS 44070 4971 661.89 11/19/25 DEPARTMENT OF INDUST ELEVATOR CERTIFICATION 44317 2317193 225.00 11/19/25 AMTECH ELEVATOR SERV 11/2025 ELEVATOR MAINTENANCE-SENIOR 44356 4988 201.52 11/19/25 AMAZON SENIOR CENTER RESTROOM FLUSHER 44219 4986 78.84 11/19/25 JMG SECURITY SYSTEMS SECURITY EQUIP INSTALLATION-SENIOR 44359 4997 2,540.33 11/06/25 SO CALIF EDISON CO 09/29/25 to 10/27/25 SENIOR CENTER 43703 2317096 3,211.79 11/19/25 ROAD RUNNER EXTERMIN 10/2025 MONTHLY PEST SERVICE-SENIOR 44319 4999 144.00 11/13/25 SO CALIF GAS CO 10/2/25-11/3/25 SENIOR CENTER 44212 2317163 301.77
TOTAL ISF GB SR CENTER 7,566.56
11250001 PW - FLEET MGMT
11/06/25 SC COMMERCIAL LLC BULK GAS FOR FIRE STATION 1 43469 4934 2,061.97 11/06/25 BEST TOWING AND TRAN TOWING FEE FOR UNIT 443 43938 2317065 132.00 11/06/25 BEST TOWING AND TRAN TOWING FEE FOR UNIT 269 43937 2317065 164.00 11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 71.56 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 71.56 11/06/25 FACTORY MOTOR PARTS PART FOR UNIT 302 43943 2317072 54.58 11/06/25 FACTORY MOTOR PARTS PART FOR UNIT415 43944 2317072 94.26 11/19/25 AMAZON SAFETY RAIN JACKETS 44218 4986 210.45
11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 71.56 11/19/25 RED WING BUSINESS AD SAFETY BOOTS-D.L. 44192 2317223 257.81 11/06/25 SC COMMERCIAL LLC BULK GAS FOR FIRE STATION 1ULK FUEL 43941 4934 1,622.44 11/06/25 EBERHARD EQUIPMENT PART FOR UNIT 8652 43947 2317071 98.82 11/06/25 RINCON TRUCK CENTER, STOCK PARTS 43948 2317092 173.40 11/06/25 FACTORY MOTOR PARTS PART FOR UNIT 126 43945 2317072 13.10 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 71.56 11/19/25 ASBURY ENVIRONMENTAL PART WASHER SERVICES 44386 2317180 143.94 11/06/25 MCFADDEN DALE INDUST SHOP PART MATERIALS 43933 2317082 147.75 11/06/25 ASBURY ENVIRONMENTAL USED OIL SERVICES 43939 2317059 446.83 11/06/25 FACTORY MOTOR PARTS PART FOR UNIT 405 43942 2317072 260.63 11/06/25 FACTORY MOTOR PARTS BATTERY FOR UNIT 223 43932 2317072 141.68 11/06/25 ASBURY ENVIRONMENTAL USED OIL SERVICES 43940 2317059 130.00 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 71.56 11/19/25 ASBURY ENVIRONMENTAL USED OIL SERVICES 44388 2317180 103.00 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 73.59 11/19/25 SC COMMERCIAL LLC BULK GAS FOR FIRE STATION 1 44351 5001 3,447.71 11/19/25 SC COMMERCIAL LLC BULK DIESEL FOR FIRE STATION 2 44352 5001 2,714.33 11/19/25 SC COMMERCIAL LLC BULK GAS FOR FIRE STATION 1 44354 5001 1,355.70 11/19/25 MCFADDEN DALE INDUST SHOP PART 44355 2317215 119.48 11/19/25 ASBURY ENVIRONMENTAL USED OIL SERVICE 44385 2317180 153.00 11/19/25 AMAZON PASSENGER SIDE MIRROR - F150 44220 4986 92.37 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 75.45 TOTAL PW - FLEET MGMT 14,646.09
11370053 ISF EQ PD R&C CAPITAL
11/13/25 AXON ENTERPRISE, INC BODY-WORN CAMERAS (61) AND LICENSES 44107 2317122 79,728.38 TOTAL ISF EQ PD R&C CAPITAL 79,728.38
11380053 ISF EQ R&C CAPITAL
11/13/25 AMAZON MOBILE TV STAND - SENIOR CENTER 44004 4958 278.09 TOTAL ISF EQ R&C CAPITAL 278.09
11400000 ISF CITY SELF INSURANCE
11/06/25 ATHENS ADMINISTRATOR OCT 2025 - PLAN #803210-RETIREE REIMB. 43998 4919 100,638.26 TOTAL ISF CITY SELF INSURANCE 100,638.26
11400411 SELF INSURANCE
11/19/25 TEMPORARY STAFFING PART TIME TEMP EMPLOYEE - WE 10/19/2025 43481 5004 1,647.68
11/13/25 TEMPORARY STAFFING PART TIME TEMP EMPLOYEE WE 10/26/2025 44023 4978 1,647.68 11/13/25 TEMPORARY STAFFING PART TIME TEMP EMPLOYEE WE 11/02/25 44022 4978 1,647.68 11/13/25 EMPLOYMENT DEVELOPME JUL-SEP 2025 ACCT #932-0092-1 UNEMP 44088 2317132 3,603.00 11/13/25 RELIABLE TRANSLATION VIETNAMESE TRANSLATION FOR 11/4/25 44096 2317156 1,657.20 TOTAL SELF INSURANCE 10,203.24
11400430 SELF INSURANCE
11/06/25 THE LINCOLN NATIONAL NOV 2025 LIFE INSURANCE/LTD/ADD/EAP 43923 2317104 3,444.23 11/19/25 FOUNTAIN VALLEY FIRE DECEMBER 2025 - FVFA LTD 44279 4995 702.00 11/19/25 TRUST OF PORAC DEC 2025 - PORAC LTD (ACCT 54541) 44291 5005 1,543.50 TOTAL SELF INSURANCE 5,689.73
23030310 CDBG CODE ENFORCEMENT
11/13/25 AT&T MOBILITY 9/27-10/26/25 CELL PHONE/IPADS 44185 2317121 44.90 TOTAL CDBG CODE ENFORCEMENT 44.90
23030311 CDBG ADMIN. OF GRANT
11/19/25 ORANGE COUNTY REGIST OCTOBER 2025 ADVERTISEMENTS 44230 2317217 878.23 TOTAL CDBG ADMIN. OF GRANT 878.23
23030313 CDBG NEIGHBOORHOOD REVITA
11/13/25 MOBILE HOME IMPROVE HIP GRANT 43962 2317145 19,570.00 11/13/25 INTEGRITY LEVELING HIP GRANT 2ND - FINAL PAYMENT 43960 2317140 14,483.80 11/13/25 HCD REBATE/REFUND HIP REBATE GRANT 44007 2317138 3,445.00 11/13/25 4 13 GC SERVICES HIP GRANT 2ND - FINAL PAYMENT 44009 2317112 17,033.35 TOTAL CDBG NEIGHBOORHOOD REVITA 54,532.15
23030316 CDBG LEAD BASED PAINT
11/13/25 BARR & CLARK, INC. HIP Lead Testing 44142 2317123 350.00 TOTAL CDBG LEAD BASED PAINT 350.00
23130324 FVHA AFFORDABLE
11/19/25 STRADLING YOCCA CARL PROFESSIONAL LEGAL SERVICES 44405 2317227 1,177.00 11/19/25 STRADLING YOCCA CARL PROFESSIONAL LEGAL SERVICES 44406 2317227 535.00 TOTAL FVHA AFFORDABLE 1,712.00
30095300 CAPITAL IMP - FACILITIES
11/13/25 INTERWEST CONSULTING SEP 2025 - CH & PD BREAKROOM 44035 4970 1,470.00 11/13/25 CHARLES TAYLOR ENVIR 10/31/2025 - CH ASBESTOS & LEAD INITIAL 44094 4963 1,730.00 TOTAL CAPITAL IMP - FACILITIES 3,200.00
30095302 CAPITAL IMP - PAVEMENT REHAB
11/19/25 ONWARD ENGINEERING JUL 2025 - DESIGN NEWHOPE WARD ELLIS 44226 2317216 277.50 11/19/25 ONWARD ENGINEERING OCT 2025 - DESIGN EUCLID (SLATER TO 44225 2317216 1,653.75 TOTAL CAPITAL IMP - PAVEMENT REHAB 1,931.25
50000000 WF NON-DEPARTMENTAL
11/13/25 GENERAL PUMP CO., IN CONTRACT 1372 RETENTION RELEASE PRJ 44109 2317136 32,647.05 11/19/25 KENNEDY, KIP UTILITY REFUND - FINALED 9/21/25 44293 2317211 32.06 11/19/25 WALLING, DAVID UTILITY REFUND - FINALED 9/21/25 44294 2317236 44.05 11/19/25 KHALIL, SAMI UTILITY REFUND - FINALED 9/29/25 44295 2317212 38.15 11/19/25 ORANGE COUNTY SANITA UTILITY REFUND - FINALED 10/12/25 44296 2317218 1,447.86 11/19/25 THI NHUT TRANG BUI UTILITY REFUND - FINALED 9/9/25 44297 2317229 59.82 11/19/25 VY TRACH MAC UTILITY REFUND - FINALED 10/20/25 44298 2317235 27.05
TOTAL WF NON-DEPARTMENTAL 34,296.04
50040403 WF UTILITY BILLING
11/06/25 AMAZON SELF INKING STAMP 44044 4914 32.63
11/06/25 TEMPORARY STAFFING TEMP STAFF - FINANCE 10/27-11/2/25 44010 4935 2,128.72 11/19/25 TEMPORARY STAFFING TEMP STAFF - FINANCE 11/3-11/9/25 44228 5004 2,128.72 TOTAL WF UTILITY BILLING 4,290.07
50050570 WF WTR PROD. OPNS
11/06/25 JENKINS, JEFFREY D WELL 10 MIOX 43702 4928 1,690.00 11/06/25 BAVCO BACKFLOW APPAR BACKFLOWS FOR WELL SITES 44019 2317064 1,648.66 11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 19.39 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 19.39 11/19/25 AMAZON WHITE PLASTIC CLIPS FOR VAPORTIGHT 44221 4986 40.46 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 19.39 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 19.39 11/13/25 TESCO CONTROLS, LLC RES 2 COMMUNICATION ISSUES 44008 2317167 3,752.40 11/19/25 AMAZON LIGHT BULB LAMP 44222 4986 15.11
11/19/25 LIFECOM AIR MONITORS 44399 2317213 80.00
11/13/25 HARRINGTON INDUSTRIA PIPING FOR CHEMICAL LINES 44197 2317137 257.74 11/13/25 HARRINGTON INDUSTRIA CHEMICAL PUMP PARTS 44198 2317137 2,540.59 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 19.39 11/19/25 HARRINGTON INDUSTRIA PARTS FOR CHEMICAL PUMPS 44303 2317207 2,787.51 11/13/25 ORANGE COUNTY WATER RECYCLED WATER USAGE 6/22/25 TO 10/12/25 44065 4974 287,624.35 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 19.92 11/13/25 BLUE-WHITE INDUSTRIE CHEMICAL FLOW METERS 44200 4959 3,417.37 11/19/25 PACIFIC COAST REFRIG WELL 8'S THERMOSTAT 44232 2317219 458.00 11/13/25 TESCO CONTROLS, LLC RES 2 COMMUNICATION ISSUES 44194 2317167 1,245.00 11/13/25 TESCO CONTROLS, LLC SCADA FAILURE 44199 2317167 980.00 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 19.92 11/19/25 AMAZON MOUSE PAD W/WRIST REST 1Y1M-WX1Y-77YF 44252 4987 10.76 11/19/25 TESS ELECTRIC, INC WELL 11'S FLUORIDE PUMP 44339 2317228 800.00 TOTAL WF WTR PROD. OPNS 307,484.74
50050571 WF DISTRIBUTION SYSTEM
11/19/25 FERGUSON ENTERPRISES SERVICE COPPER 44233 2317196 3,132.00 11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 51.23 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 51.23 11/19/25 HANSON AGGREGATES, L WASHCON SAND 44028 2317206 1,132.26 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 51.23 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 69.79 11/19/25 HANSON AGGREGATES, L WASHCON SAND 44209 2317206 1,073.97 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 95.09 11/19/25 UNDERGROUND SERVICE UNDERGROUND SAFETY BOARD 44097 2317230 89.08 11/19/25 UNDERGROUND SERVICE USA DIGALERT 44098 2317230 312.00 11/19/25 AMAZON PPE HEAT PREVENTION 44090 4986 148.88
11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 185.55 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 100.33
TOTAL WF DISTRIBUTION SYSTEM 6,492.64
50050572 WF WTR QUAL & TREATMENT
11/19/25 USA BLUE BOOK CL2 CHEMKEYS OCTOBER 44205 2317232 523.76 11/06/25 SKYLINE CHEMICAL COR FLUORIDE FOR WATER 2025-2026 44012 2317093 12,048.00 11/06/25 SKYLINE CHEMICAL COR SALT FOR CL2 NOVEMBER 25 43996 2317093 2,872.16 TOTAL WF WTR QUAL & TREATMENT 15,443.92
50050574 WF METER M & R
11/13/25 AQUA-METRIC SALES 3/4" METERS 43634 2317115 1,962.27 11/13/25 AQUA-METRIC SALES 1" WATER METERS 43635 2317115 3,470.13 11/13/25 AQUA-METRIC SALES METER PROGRAMMING 43633 2317115 734.69 11/19/25 AQUA-METRIC SALES METER REGISTERS 44030 2317178 3,077.01 11/19/25 AQUA-METRIC SALES 1" WATER METERS 44031 2317178 3,201.65 11/19/25 AQUA-METRIC SALES REGISTER REPLACEMENT 44032 2317178 85.60 TOTAL WF METER M & R 12,531.35
50150580 SF SEWER MAINTENANCE
11/19/25 FERGUSON ENTERPRISES SEWER MATERIAL FOR PIPE REPAIR AT RHEA 44271 2317197 669.99 11/19/25 CINTAS CORPORATION 6 10/2/25 UNIFORMS 44234 2317190 13.02 11/19/25 CINTAS CORPORATION 6 10/9/25 UNIFORMS 44239 2317190 13.02 11/19/25 CINTAS CORPORATION 6 10/16/25 UNIFORMS 44240 2317190 13.02 11/19/25 CINTAS CORPORATION 6 10/23/25 UNIFORMS 44242 2317190 14.83 11/19/25 HAAKER EQUIPMENT COM UNIT #323 REPAIRS 44270 2317205 1,757.38 11/19/25 CINTAS CORPORATION 6 10/30/25 UNIFORMS 44245 2317190 13.02 11/19/25 GRAINGER, INC. FIRST AID KIT FOR ALL VEHICLES/EQUIPMENT 44266 2317202 256.65 11/19/25 CINTAS CORPORATION 6 11/6/25 UNIFORMS 44246 2317190 13.28 11/19/25 AMAZON USB DRIVES FOR CCTV INSPECTIONS 44269 4986 57.19 11/19/25 PLUMBERS DEPOT INC. SEWER / CCTV CUES EQUIPMENT UPGRADES 44265 2317221 1,198.53 11/19/25 EJ USA INC M.H. FRAME & COVER-SEWER 44267 4994 1,085.19 11/19/25 PLUMBERS DEPOT INC. SEWER / CCTV CUES EQUIPMENT UPGRADES 44263 2317221 2,853.97 11/19/25 GREEN PRO SOLUTIONS HERBICIDE KILLER FOR EASEMENT 44268 2317204 896.63 11/19/25 CINTAS CORPORATION 6 11/13/25 UNIFORMS 44247 2317190 13.28 TOTAL SF SEWER MAINTENANCE 8,869.00
50195000 SEWER FUND
11/19/25 JIG CONSULTANTS 9/01-9/28/25 SEWER REHAB REPLACEMENT 44281 2317210 2,653.75 TOTAL SEWER FUND 2,653.75
50250590 SWF SOLID WASTE
11/13/25 WSP USA, INC 6/28-8/01/25 - TRASH ORDER IMP PLANNING & 44105 4983 3,465.27 11/06/25 GRAINGER, INC. REPLACEMENT DRINKING FTN W BOTTLE 44020 2317073 2,051.04 11/06/25 REPUBLIC SERVICES, I OCT 25 RUBBISH HAULING 44074 2317091 415,173.96 TOTAL SWF SOLID WASTE 420,690.27
60030301 CUSTODIAL - BLDG SAFETY
11/13/25 OC SANITATION DISTRI SEPTEMBER 2025 SEWER CONNECTION 43631 2317147 14,427.25 11/06/25 BLDG REFUND FULL REFUND FOR PERMIT 25-733 9446 43261 2317066 2.30 11/06/25 CALIFORNIA BUILDING 3RD QTR JUL - SEPT SB1473 GREEN BUILDING 43687 2317067 916.00 TOTAL CUSTODIAL - BLDG SAFETY 15,345.55
TOTAL $3,427,234.62
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 2, 2025
Members of the City Council
SUBJECT: Approve an agreement with SC Commercial LLC dba SC Fuels for bulk fuel delivery for Fire Station Nos. 1 and 2, and authorize staff to increase the amount of PO# 260105 by $52,500.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable
EXECUTIVE SUMMARY
Staff is requesting that the City Council approve an agreement with SC Commercial LLC dba SC Fuels for bulk fuel delivery for Fire Station Nos. 1 and 2, and authorize staff to increase the amount of PO# 260105 by $52,500.
The City purchases bulk gasoline and diesel fuel, which is delivered to Fire Station Nos. 1 and 2 to fuel Fire apparatuses and ambulances. Based on actual expenditures for gasoline and diesel, current usage, fuel prices, and the fuel provided to the contracted ambulances, staff projects that the City will need an additional $52,500 ($18,000 for gasoline; $34,500 for diesel) on PO# 260105 so the Fire Stations can continue to receive bulk fuel deliveries for the remainder of the fiscal year.
The FY 2025/26 budget allocates a total of $445,000 from the General Fund to the Fleet Management Fund – Gasoline (112.50.50001.53552) and Diesel (112.50.50001.53557) accounts. There are sufficient funds for the requested PO change order.
DISCUSSION
The City of Fountain Valley maintains and operates a fleet of over 150 vehicles, including fire apparatuses, police patrol vehicles, police motorcycles, emergency response vehicles, heavy equipment, work trucks, and passenger cars. Most of the fleet is powered by gasoline or diesel fuel, which is purchased at local gas stations using fuel cards. The City also purchases bulk fuel, which is delivered to Fire Station Nos. 1 and 2. Fire Station No. 1 receives both gasoline
Increase PO# 260105 for Bulk Fuel
December 2, 2025
and diesel fuel, while Fire Station No. 2 only receives diesel fuel. SC Fuels provides both fuel cards and bulk fuel deliveries for the City.
Gasoline and diesel fuel are charged to two separate accounts within the Fleet Management Fund, 112.50.50001.53552 for Gasoline and 112.50.50001.53557 for Diesel.
The FY 2025/26 bulk fuel deliveries to Fire Station Nos. 1 and 2 are purchased through PO# 260105 issued to SC Fuels in the current amount of $40,000, which allocates $15,000 for gasoline and $25,000 for diesel. The gasoline delivered to Fire Station No. 1 is used to fill up the City’s emergency support vehicles, while the diesel delivered to both fire stations is used to fill up the fire engines, pumper truck, and tiller. In addition, the City also provides fuel to the contracted ambulances, per its agreement with Falck Mobile Health Corp., dba Care Ambulance Service, Inc. (CON-20-55, Section 7 – Operations, Paragraph B – Fuel).
Based on actual expenditures, current usage, fuel prices, and the fuel provided to the contracted ambulances, staff is projecting that an additional $52,500 ($18,000 for gasoline; $34,500 for diesel) will be needed on the PO to pay for the bulk fuel deliveries to Fire Station Nos. 1 and 2 for the remainder of the fiscal year. Since the additional funds will increase the PO to over $50,000, City Council approval is needed per the City’s Purchasing Policy.
Staff has worked with SC Fuels to piggyback off the bulk fuel agreement with the City of Monterey Park to lock in pricing through June 30, 2026. The City of Monterey Park completed a formal bid process for bulk fuel delivery in October 2016 and awarded the contract to the lowest bidder, SC Fuels. Fountain Valley Municipal Code (FVMC) Contracting Procedures includes a bid exception provision [§2.36.070 (a) (5)] that allows for "piggybacking" off pricing that is established by another government agency which was competitively bid and awarded to the lowest responsible bidder.
Piggybacking off Monterey Park's fuel agreement will allow Fountain Valley to save money on bulk fuel shipping costs. The price for shipping fuel will drop from $0.135 per gallon to a new flat rate of only $0.0491 per gallon. This reduction, combined with the daily market price (Oil Price Information Service) and a standard fuel tier adder, means the City will pay less for fuel shipping for the remainder of the year.
City staff is satisfied with the performance of SC Fuels. Their reliable and prompt delivery services have been instrumental in maintaining a fully fueled fleet on demand, ensuring the City's preparedness for potential emergencies.
This proposed PO increase enables the Fire Stations to continue to receive bulk fuel deliveries for the remainder of the fiscal year. As a result of the upcoming ambulance program modifications, there’s an anticipated increase in bulk fuel use. Staff believe a multi-year agreement may be beneficial in the future. Therefore, a formal bulk fuel bidding process is planned for 2026.
Increase PO# 260105 for Bulk Fuel
December 2, 2025
FISCAL REVIEW
PO# 260105 was issued to SC Fuels in the current amount of $40,000 to facilitate uninterrupted deliveries of bulk fuel. The initial purchase order was strategically set at a lower value to guarantee an uninterrupted supply of fuel during the beginning of the fiscal year while also bypassing the need for council approval. The plan was to reevaluate the bulk fuel needs at midyear and adjust the PO as needed with City Council approval.
The FY 2025/26 budget allocates a total of $445,000 from the General Fund to the Fleet Management Fund – Gasoline (112.50.50001.53552) and Diesel (112.50.50001.53557) accounts. There are sufficient funds for the requested PO change order.
PO# 260105 – Bulk Fuel Current
Amounts
Additional Funds
Requested
New PO
Amounts
112.50.50001.53552 Gasoline $ 15,000 $ 18,000 $ 33,000
112.50.50001.53557 Diesel $ 25,000 $ 34,500 $ 59,500
Total $ 40,000 $ 52,500 $ 92,500
The proposed increase to PO# 260105 includes an estimated $22,000 for bulk gasoline to support ambulances contracted through Falck Mobile Health Corp., dba Care Ambulance Service, Inc. Contracted ambulances do not use City fuel cards and therefore are unable to refuel at public gas stations. Although the fuel accounts will be reimbursed from the ambulance service fees collected by the City, the bulk fuel PO must be fully funded to facilitate the necessary bulk fuel orders throughout the fiscal year.
PUBLIC NOTIFICATION
Not applicable.
ENVIRONMENTAL IMPACT REVIEW
Not applicable.
ATTORNEY REVIEW
The Attorney for the City has reviewed and approved the agreement.
ALTERNATIVES
Alternative No. 1: Approve an agreement with SC Commercial LLC dba SC Fuels for bulk fuel delivery for Fire Station Nos. 1 and 2, and authorize staff to increase the amount of PO# 260105 by $52,500. This is the recommended action.
Alternative No. 2: Do not approve an agreement with SC Fuels, and do not authorize increasing the amount of PO# 260105 for bulk fuel. This is not recommended as this will hinder the Fire Department’s ability to receive bulk fuel deliveries at the stations for the remainder of FY 2025/26.
Increase PO# 260105 for Bulk Fuel
December 2, 2025
RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to approve an agreement with SC Commercial LLC dba SC Fuels for bulk fuel delivery for Fire Station Nos. 1 and 2, and authorize staff to increase the amount of PO# 260105 for bulk fuel by $52,500.
Prepared by: Cassandra Burkart, Management Aide
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachments:
1. Tag-On Agreement for Fuel Purchase
1800 West Katella Avenue, Suite 400
P. O. Box 4159
Orange, CA 92863-4159
(714) 516-7140
Tag-On Agreement for Fuel Purchase Agreement #1968-A
This agreement (the “Agreement”) is entered into as of October 8, 2025 (the “Effective Date”), between SC Commercial LLC dba SC Fuels, having its principal offices at 1800 W.
Katella Ave, Suite 400, Orange, CA 92863 (“Seller”), and the City of Fountain Valley, CA (“Buyer”).
Start Date: Award
Expiration: 6/30/26
Renewals: None
Payment Terms: Net 30 calendar days from Buyer’s receipt of invoice Product: Unleaded, Midgrade, and Diesel Fuel
Pricing: LOS ANGELES OPIS UNBRANDED RACK AVG DAILY AM, PLUS $0.0491 U.S.
DOLLARS PER GALLON (FREIGHT ADDER), PLUS APPLICABLE FUEL TIER ADDER
Fuel Tier Adder:
• 100-249 gallons adder $ 1.252
• 250-499 gallons adder $ 1.025
• 500-749 gallons adder $ 0.607
• 750-999 gallons adder $ 0.498
• 1000-1499 gallons adder $ 0.396
• 1500-1999 gallons adder $ 0.284
• 2000–2749 gallons adder $ 0.2036
Delivery Point:
16767 Newhope St., Fountain Valley, CA 92708
17737 Bushard St., Fountain Valley, CA 92708
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D ATTACHMENT #1
1800 West Katella Avenue, Suite 400
P. O. Box 4159
Orange, CA 92863-4159
(714) 516-7140
This Agreement is subject to and governed by the terms of conditions of that certain “Fuel Purchase Agreement” dated October 25, 2016 (as amended, restated, supplemented, or otherwise modified from time to time, the “Terms and Conditions”), which is hereby incorporated by reference with portions included as “Attachment A” below. Any reference to the “City” or the “City of Monterey Park” in the Terms and Conditions shall be interpreted to refer to the City of Fountain Valley for the purposes of this Agreement. All provisions contained in the Terms and Conditions govern this Agreement except as modified above, such that any inconsistency between any terms of the Terms and Conditions and any terms of this Agreement will be resolved in favor of the terms of this Agreement. Notwithstanding the above, Seller shall have no bidder’s bond, pricing, or product delivery obligations outside of the terms of this Agreement. Terms used but not defined in this Agreement have the respective meanings given to them in the Terms and Conditions.
If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, but it shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
Any provision of this Agreement that should reasonably be understood to survive termination of this Agreement shall so survive. No modifications or amendments to this Agreement, or any part hereof, shall be binding unless set forth in writing and signed on behalf of each party.
This Agreement may be executed in multiple counterparts, all of which together will constitute one and the same document. Signatures delivered by facsimile, .pdf scan, or other electronic means shall have the same force and effect as original signatures.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below.
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
1800 West Katella Avenue, Suite 400
P. O. Box 4159
Orange, CA 92863-4159
(714) 516-7140
Attachment A: Terms and Conditions
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
INSURANCE SPECIFICATIONS
Without limiting SELLER’s indemnification of BUYER, and prior to performing any work under this AGREEMENT or receiving any compensation, SELLER shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to BUYER.
General liability insurance. SELLER shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. The policy shall name the BUYER, the City of Fountain Valley, and its officers, officials, employees, agents, and volunteers as additional insureds.
Umbrella or excess liability insurance. [If required to meet higher limits].
Umbrella liability insurance requirements. SELLER shall obtain and maintain an umbrella liability insurance policy that offers comprehensive coverage. This policy must include coverage for bodily injury, personal injury, and property damage, and it should extend to encompass commercial general liability, automobile liability, and employer’s liability. The policy must incorporate the following terms and conditions:
• Drop-down feature. This feature activates if any primary insurance becomes partially or wholly uncollectible for any reason, excluding the bankruptcy or insolvency of the primary insurer.
• Claims handling. Coverage must be administered on a “pay on behalf of” basis, as opposed to reimbursement model, to ensure direct payment of claims by the insurer.
• Concurrency of coverage. The policy effective dates must align with those of the underlying primary insurance policies to ensure continuous coverage.
Excess liability insurance requirements. The SELLER shall obtain and maintain an excess liability insurance policy. This policy must be structured to provide additional coverage over the SELLER’s existing commercial general liability, automobile liability, and employer’s liability policies. The requirements for the policy are as follows:
• Follow-form coverage. The policy adheres strictly to the terms and conditions of the underlying policies, ensuring seamless integration of coverage.
• Drop-down provision. This provision states that the excess policy will respond as primary coverage in the event that the underlying insurer is unable to pay a claim due to insolvency, unless an insolvency exclusion specifically applies.
• Claims handling. Coverage must be administered on a “pay on behalf of” basis, as opposed to a reimbursement model, to ensure direct payment of claims by the insurer.
• Concurrency of coverage. The policy effective dates must align with those Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
of the underlying policies to prevent any gaps in coverage.
Automobile liability insurance. SELLER shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of SELLER arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, nonowned, or rented vehicles, in an amount not less than $10,000,000.00 combined single limit for each accident.
Workers’ compensation insurance. SELLER shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 dollars). SELLER shall submit to BUYER, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of BUYER, its officers, agents, employees, and volunteers.
Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.
Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Other provisions or requirements
Proof of insurance. SELLER shall provide certificates of insurance and required endorsements to BUYER as evidence of the insurance coverage required herein.
Insurance certificates and endorsements must be approved by BUYER prior to commencement of performance. Current certification of insurance shall be kept on file with BUYER for the contract period and any additional length of time required thereafter.
BUYER reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. SELLER shall procure and maintain for the contract period and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss, which may arise from or in connection with the performance of the work hereunder by SELLER, their agents, representatives, employees, or subconsultants/ subcontractors. If this AGREEMENT involves construction, SELLER must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims.
BUYER and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Primary/noncontributing. Coverage provided by SELLER shall be primary and any insurance or self-insurance procured or maintained by BUYER shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of BUYER before the BUYER’s own insurance or self-insurance shall be called upon to protect it as a named insured.
BUYER’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, BUYER has the right but not the duty to obtain the insurance it deems necessary and any premium paid by BUYER will be promptly reimbursed by SELLER or BUYER will withhold amounts sufficient to pay premium from SELLER’s payments. In the alternative, BUYER may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by BUYER.
Waiver of subrogation. With the exception of Professional Liability, all insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against BUYER, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow SELLER or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. SELLER hereby waives its own right of recovery against BUYER and shall require similar written express waivers and insurance clauses from each of its subconsultants/subcontractors.
Enforcement of contract provisions (non estoppel). SELLER acknowledges and agrees that any actual or alleged failure on the part of BUYER to inform SELLER of noncompliance with any requirement imposes no additional obligations on the BUYER nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits on other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the SELLER maintains higher limits than the minimums shown above, the BUYER requires and shall be entitled to coverage for the higher limits maintained by the SELLER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the BUYER.
Notice of cancellation. SELLER agrees to oblige its insurance agent or broker and insurers to provide to BUYER with a thirty (30) day notice of cancellation (except for Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the SELLER’s insurers are unwilling to provide such notice, then SELLER shall have the responsibility of notifying the BUYER immediately in the event of SELLER’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, pollution liability, transportation pollution liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that BUYER and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to BUYER and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that SELLER’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.
The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. SELLER agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by SELLER (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of SELLER. SELLER agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event SELLER’s subcontractor cannot comply with this requirement, which proof must be submitted to the BUYER, SELLER shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the SELLER, but in all other terms consistent with the SELLER’s requirements under this agreement. This provision does not relieve the SELLER of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide SELLER with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the SELLER under this agreement given the limited scope of work or services provided by the subcontractor.
SELLER agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to BUYER for review.
BUYER’s right to revise specifications. BUYER reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving SELLER ninety (90) days advance written notice of such change. If such change results in substantial additional cost to SELLER, BUYER and SELLER may renegotiate SELLER’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by BUYER. BUYER reserves the right to require that self-insured retentions be eliminated, Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter. Self-insurance will not be considered to comply with these specifications unless approved by BUYER.
Timely notice of claims. SELLER shall give BUYER prompt and timely notice of claims made or suits instituted that arise out of or result from SELLER’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. SELLER shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
November 2020
CITY OF MONTEREY PARK
City Clerk's office
AGREEMENT COVER PAGE
Today's Date:
Department & Contact Person (ext. & signature):
City Council Approval Date (if applicable): City
Agreement No.:
Vendor Name:
Agreement Date:
Agreement Expiration Date
Agreement Amount:
Purpose of Agreement / Services Rendered:
Business Entity search attached . . . . . . . . . . . Yes No Signature Authority verification attached . . . . . Yes No Agreement Type (choose one):
Service Agreement (2 pages)
Professional Services Agreement
Public Works Contract
Maintenance Agreement
Joint Powers/Memorandum of Agreement (MOU)
Other
Insurance Requirements & Coverage Period:
(Refer to Insurance Matrix, Resolution No. 11750 for required insurance coverage) General Liability Insurance
E & O / Professional Insurance
Automobile Insurance
Property Insurance
Workers Compensation
Other
None (Needs City Manager and/or City Attorney approval) A.M Best Insurance Rating attached . . . . . . . . Yes No Department Head Approval:
Support Services Review:
HR Insurance Review:
City Manager Approval:
ON FILE
6/7/21
June 3, 2021 Public Works / Mary Lou Ext 288 10/19/2016 & 5/6/2020 1968-A SC COMMERCIAL LLC dba SC FUELS 10/25/2016 6/20/23 $350,000 annually Fuel/Oil/Lubricants purchase - Third Amendment (Term extension) Fuel Purchase Agreement 11/1/20-11/1/21 11/1/20-11/1/21 11/1/20-11/1/21 06/03/2021 Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Docusign Envelope ID: 26FBE6FB-9D65-45A 1-A471-21 0F4AADF6C5
SIXTH AMENDMENT TO
AGREEMENT NO. 1968-A BETWEEN
THE CITY OF MONTEREY PARK AND
SC COMMERCIAL, LLC DBA SC FUELS
THIS SIXTH AMENDMENT ("Amendment") is made and entered into this 21st day of August 2025, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation ("CITY"), and SC COMMERCIAL, LLC OBA SC FUELS, a Limited Liability Company
("CONSULTANT").
1. RETROACTIVITY. CITY and CONTRACTOR intent for this amendment to be retroactively effective beginning July 1, 2025.
2. Pursuant to Section 11 (CHANGES) and Section 31 (AUTHORITY/MODIFICATION) of Agreement No. 1968-A ("Agreement"), the parties agree to the following amendments:
a. "The contract sum will be adjusted for an annual amount of $495,000 for the purchase and delivery of fuel, oil, and lubricant, for a total contract amount of$3,100,000." b. Section 13 (TERM) is amended to read as follows:
"This agreement will be effective for one (I) year from July l, 2025 to June 30, 2026, with no additional option to renew. "
3. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
4. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
5. Except as modified by this Amendment, all other terms and conditions of Agreement No. 1968-A remain the same.
[SIGNATURES ON NEXT PAGE]
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Docusign Envelope ID: 26FBE6FB-9D65-45A1-A471-21 0F4AADF6C5 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF MONTEREY PARK
Inez Alvarez,
City Manager
ATTEST:
Maychelle Yee,
City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
SC COMMERCIAL, LLC dba SC FUELS
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I nomas,
---------
Vice President
Edward A. Wondergem
c:;� r-r-.r-. -,-_'1asurer & Vice President .. _,
I
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Tax ID No. 83-0751205
by: Solange Fortenbach, Deputy City Attorney
SC Commercial, LLC dba SC Fuels
Sixth Amendment to Agreement No. 1968-A
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
SC Fuels
Fuel Pricing Information
Pricing: LOS ANGELES GROSS OPIS UNBRANDED RACK AVG DAILY AM
UNLEADED MIDGRADE DIESEL
+0 +0 +0
Freight Adders: 0.0491 0.0491 0.0491
Plus taxes and environmental fees.
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: 6183e7a7bdab553237e743ae7a0df769c4ebe344
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
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SC Fuels 6th Amendment to Agreement No. 1968-A
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This document was requested from app.contractsafe.com
08 / 26 / 2025
21:28:52 UTC
Sent for signature to Solange Fortenbach
([email protected]), Inez Alvarez
([email protected]) and Helena for Maychelle ([email protected]) from [email protected] IP: 63.200.234.130
08 / 26 / 2025
21:33:57 UTC
Viewed by Solange Fortenbach ([email protected])
IP: 104.223.92.102
08 / 26 / 2025
21:34:14 UTC
Signed by Solange Fortenbach ([email protected])
IP: 35.149.17.46
08 / 27 / 2025
04:51:50 UTC
Viewed by Inez Alvarez ([email protected])
IP: 47.149.36.185
08 / 27 / 2025
04:52:03 UTC
Signed by Inez Alvarez ([email protected])
IP: 47.149.36.185
08 / 27 / 2025
14:37:26 UTC
Viewed by Helena for Maychelle ([email protected]) IP: 63.200.234.130
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
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SC Fuels 6th Amendment to Agreement No. 1968-A
file
6183e7a7bdab553237e743ae7a0df769c4ebe344
MM / DD / YYYY
Signed
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
City of Monterey Park
Signature Verification Form
Thank you for doing business with the City of Monterey Park. Please note that the City requires verification that the person executing a contract has signature authority. Signature requirements for contracts vary depending on whether a vendor conducts business in the capacity of a corporation, general partnership, limited partnership, or as an individual. When the contract is with a corporation, California Corporations Code § 313 requires the contract to be signed by: (a) one officer from the corporation’s “operational group” consisting of the chairman of the board, the president, or any vice president; and (b) one officer from the corporation’s “financial group” consisting of the secretary, or assistant secretary, or the chief financial officer or any assistant treasurer. Alternatively, the board of directors for the corporation can delegate signature authority to a particular individual or individuals. This is generally memorialized in the form of a resolution adopted by the board of directors. When the contract is with a consultant conducting business as a general partnership or limited partnership, the contract should be signed by a least one general partner having authority to enter into the contract on behalf of the partnership. When the contract is with an individual, that individual must sign the contract.
To ensure that the City’s contracts are valid, this Signature Verification Form must be completed by vendors/contractors/consultants providing services to the City of Monterey Park.
By completing this form, the person listed below has the authority to sign all legal binding agreements with the City of Monterey Park on behalf of the company/organization listed below. If a corporation, attach a copy of the document demonstrating signature authority to this form.
The City of Monterey Park greatly appreciates your cooperation.
Date:
Type of Company/Organization:
Company/Organization Name:
Name:
Title
Signature
Please send the completed form to the following address:
City of Monterey Park
City Clerk's office
320 West Newmark Avenue
Monterey Park, CA 91754
SC Commercial, LLC dba SC Fuels
Limited Liability Company
Robert W. Bollar
Corp. Sec. and VP
Edward A. Wondergem
CFO, COO, Treasurer, and VP
6/17/24
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
500 Northpark Town Center, 1100 Abernathy Road NE, Suite 1200 Atlanta, GA 30328
www.bhspecialty.com
Date: 10/0ϱ/2023
To: Michael Snyder
Marsh USA
Six PPG Place. Suite 400
Pittsburgh, PA 15222
Re: Pilot Travel Centers LLC
42ͲUMOͲ308583Ͳ05
09/01/2023 – 09/01/2024
Policy
Dear Michael:
Attached please find the Policy for Pilot Travel Centers LLC. This policy has been placed with National Fire & Marine Insurance Company (1314 Douglas Street, Suite 1400, Omaha, NE 68102Ͳ1944). Thank you for placing your business with Berkshire Hathaway Specialty Insurance. We value our relationship with Marsh USA and look forward to working with you on future accounts. For any claim related questions or to report a claim, please call our 24hr toll free number at 855.453.9675 or refer to the attached claims reporting sheet for fax, email and mail instructions.
If you have questions or concerns or claims, your Berkshire Hathaway Specialty team is just a phone call away.
Sincerely,
Kenya Ngote
678Ͳ256Ͳ6272
[email protected]
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
TAX NOTICE
(DOES NOT APPLY TO THE EXTENT OF THE INSURER’S LIABILITY FOR COLLECTION OR PAYMENT OF PREMIUM TAXES) Premium may be subject to further insurance premium taxes or other local taxes not referenced in the attached documentation. The Company is not responsible for the payment, collection or remittance of any such taxes. The premium is exclusive of any applicable premium taxes or other local taxes and it is the obligation of the Insured to pay any applicable taxes either itself or through its broker. The Company does not provide tax advice and recommends the Insured consult its own tax advisor with respect to its tax obligations.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
National Fire & Marine Insurance Company
1314 Douglas Street, Suite 1400 Omaha, NE 68102Ͳ1944
Commercial Umbrella Liability
Occurrence Form
Common Policy Declarations
This Declarations Page is attached to and forms part of the Policy Policy No.:42ͲUMOͲ308583Ͳ05 Renewal of: 42ͲUMOͲ308583Ͳ04 Item 1. A. Named
Insured:
Pilot Travel Centers LLC
B. Mailing
Address:
5508 Lonas Dr
Knoxville, TN 37909
The Named
Insured is:
Individual Partnership Joint Venture Limited Liability Company Organization (other than a Partnership or Joint Venture) Trust
The Business
of the Named
Insured is:
travel centers
Item 2. Policy Period: From: 09/01/2023 to 09/01/2024 Both days at 12:01 a.m. local standard time at Mailing Address listed in Item 1, above.
Item 3. Limits of
Insurance:
A. Each Occurrence Limit: $5,000,000
B. General Aggregate Limit: $5,000,000
C. ProductsͲCompleted Operations Aggregate Limit: $5,000,000 Item 4. SelfͲInsured Retention: $25,000
Item 5. Premium: Total Advance: $3,400,000
Total Minimum Annual: $3,400,000
Minimum Earned: 35%
Terrorism Excluded by Endorsement: TRIA Rejected
Auditable / Not Auditable: Not Auditable
Estimated Total of Annual Exposure: 9,283,855,710 of total Gallons
Rate: $0.3662 per 1,000 of total
Gallons
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Item 6. Schedule of Underlying Insurance:See attached SCHEDULE OF UNDERLYING INSURANCE.
This policy is comprised of this Declarations page, the policy form and endorsements, if any, attached at the inception or during the Policy Period.
Service of Suit may be made upon: Counsel, Legal Department, National Fire & Marine Insurance Company. 1314 Douglas Street, Suite 1400
Omaha, NE 68102Ͳ1944
In the event of a claim, please
notify the following:
By 24Ͳhour toll free number: 855Ͳ453Ͳ9675
By Email: [email protected]
By Fax: 617Ͳ507Ͳ8259
By Mail: Log on to www.bhspecialty.com/claimsͲreporting.html for mailing address
Signatures:
Brian G. Snover, Secretary Donald Wurster, President
10/0ϱ/2023
Dated
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
FORMS SCHEDULE
Named Insured:Pilot Travel Centers LLC
Policy No.: 42ͲUMOͲ308583Ͳ05
Form Number Title
BHͲPHNͲTAXͲENGͲ06/2021 Tax Notice
ULͲOCͲDECͲ10/2014 Commercial Umbrella Liability Occurrence Form Declarations Page CLPͲUNͲ016Ͳ07/2013 Forms Schedule
ULPͲUMͲ002Ͳ02/2014 Commercial Umbrella Liability Insurance Policy (ISO Based) ULͲUMͲ001Ͳ07/2013 Schedule of Underlying
CLPͲUNͲ002Ͳ04/2014 Cancellation Amendment
CLͲUNͲ005Ͳ02/2017 Employment Practices Exclusion
CLPͲUNͲ009Ͳ07/2013 Auto Physical Damage, Uninsured Motorist or Underinsured Motorist Laws Exclusions (ISO based)
CLͲUNͲ010Ͳ04/2020 Violation of Communication or Information Law Exclusion CLPͲUNͲ017Ͳ07/2013 Securities Exclusion
CLPͲUNͲ022Ͳ07/2013 Absolute Lead Exclusion (ISO based)
CLPͲUNͲ029Ͳ08/2013 Total Pollution Exclusion (ISO based) CLͲUNͲ030Ͳ07/2015 Insured Contract Redefined EndorsementͲRailroad CLPͲUNͲ032Ͳ05/2014 Business Crisis Event Cost Coverage Endorsement CLͲUNͲ034Ͳ04/2020 Terrorism Exclusion Endorsement
CLPͲUNͲ036Ͳ09/2013 Absolute Silica Exclusion
CLPͲUNͲ041Ͳ09/2013 Absolute Non Subscriber Exclusion
CLͲUNͲ045Ͳ10/2016 Waiver of Rights of Recovery Against Others to Us (Waiver of Subrogation) CLPͲUNͲ061Ͳ10/2013 Total MBTE and Other Fuel Oxygenates Exclusion Endorsement CLͲUNͲ062Ͳ06/2015 Named Insured AmendmentͲScheduled
CLPͲUNͲ065Ͳ10/2013 Primary NoncontributoryͲOther Insurance Provision Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
CLPͲUNͲ067Ͳ10/2013 Notice of CancellationͲDesignated Entities or Individuals Endorsement CLPͲUNͲ070Ͳ10/2013 Punitive or Exemplary Damages
CLPͲUNͲ082Ͳ06/2014 Cross Suits Exclusion (Named Insureds) CLPͲUNͲ119Ͳ05/2014 Total Nuclear, Radiation And Radioactive Matter Exclusion Endorsement CLPͲUNͲ130Ͳ08/2014 Broad Form Named Insured (Including Partnerships, Joint Ventures And Limited Liability Companies)
CLͲUNͲ124Ͳ07/2016 Notice of Cancellation via Email
CLͲUNͲ156Ͳ01/2015 LimitationͲCoverage Does Not Apply Per the Schedule of this Endorsement ULͲUMͲ003Ͳ03/2018 Coverage Excluded by Scheduled Underlying Insurance ULͲUMͲ006Ͳ04/2017 Incidental Medical Malpractice – Limited Exception ULPͲUMͲ021Ͳ01/2014 Marine Liability Limitation Endorsement CLͲUMͲ021Ͳ08/2017 Employee Benefits Liability Limitation Endorsement (Claims Made) CLͲUNͲ071Ͳ05/2016 Aircraft Products and Grounding Exclusion CLͲUNͲ196Ͳ05/2016 Aviation Liability
CLͲUNͲ200Ͳ01/2019 Exclusion – Truck Brokers and Freight Forwarders CLͲUNͲ204Ͳ06/2020 Coverage Territory Amendatory Endorsement ULͲUMͲ053Ͳ05/2018 Employee Benefits Liability Limitation Endorsement (Occurrence) CLͲUNͲ263Ͳ01/2021 Exclusion – Access or Disclosure of Confidential or Personal Information and DataͲRelated Liability – With Limited Bodily Injury Exception CASͲMANUͲ001 Discrimination And Humiliation Exclusion Endorsement CASͲMANUͲ002 LimitationͲCoverage Does Not Apply Per The Schedule Of This Endorsement
ULͲUMͲ030Ͳ02/2023Texas Employer's Liability Coverage Endorsement (With Minimum retained limits)
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Commercial Umbrella Liability Insurance Policy
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 and any other person or organization qualifying as a “named insured” under this policy.
The words "we", "us" and "our" refer to the company providing this insurance.
Words that appear in quotations have special meaning. See Section V. DEFINITIONS.
In consideration of the payment of the premium and in reliance upon the statements in the Declarations, we agree to provide coverage as follows:
I. COVERAGES
A. Insuring Agreement
1. We will pay on behalf of the “insured” those sums in excess of the “retained limit” that the “insured” becomes legally obligated to pay as damages because of “bodily injury”, “property damage”, or “personal and advertising injury” to which this insurance applies or because of “bodily injury” or “property damage” to which this insurance applies assumed by the “insured” under an “insured contract”.
The amount we will pay for damages is limited as described in Section III. Limits of Insurance.
2. This policy applies, only if:
a. The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory” and the “bodily injury” or “property damage” occurs during the “policy period”; and
b. The “personal and advertising injury” is caused by an offense that takes place in the “coverage territory” arising out of your business, but only if the offense was committed during the “policy period”.
3. This policy applies to “bodily injury” or “property damage”, only if prior to the “policy period”, no “insured” listed under subparagraphs b.(1), b.(2), b.(3) or b.(5). of Paragraph 8. of Section V.
DEFINITIONS, no executive officer or director listed under subparagraph b.(4). of Paragraph 8. of Section V. DEFINITIONS and no "employee" authorized by you to give or receive notice of an “occurrence”, claim or “suit”, knew that the “bodily injury” or “property damage” had occurred, in whole or in part. If such an “insured” or authorized "employee" knew, prior to the “policy period”, that the “bodily injury” or “property damage” had occurred, then any continuation, change or resumption of such “bodily injury” or “property damage” during or after the “policy period” will be deemed to have been known prior to the “policy period”.
“Bodily injury” or “property damage” which occurs during the “policy period” and was not, prior to the “policy period”, known to have occurred by any “insured” listed under subparagraphs b.(1), b.(2), b(3) or b.(5) of Paragraph 8. of Section V. DEFINITIONS, any executive officer or director listed under subparagraph b.(4) of Paragraph 8. of Section V. DEFINITIONS or any "employee" authorized by you to Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. give or receive notice of an “occurrence” or claim, includes any continuation, change or resumption of that “bodily injury” or “property damage” after the end of the “policy period”.
4. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any “insured” listed under subparagraphs b.(1), b.(2), b(3), or b(5) of Paragraph 8. of Section V. DEFINITIONS, any executive officer or director listed under subparagraph b.(4) of Paragraph
8. of Section V. DEFINITIONS or any "employee" who was authorized by you to give or receive notice of an “occurrence”, claim or “suit”:
a. Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the “bodily injury” or “property damage”; or
c. Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur.
5. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury”.
6. We will indemnify the “named insured” for those sums in excess of the “retained limit” if we are prevented by law or statute from paying damages covered by this policy on behalf of the “insured”.
B. Exclusions
1. Exclusions Applicable to Policy
This insurance does not apply to any “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit” caused by, resulting from, or with respect to any of the following:
a. Expected or Intended Injury
“Bodily injury” or “property damage” expected or intended from the standpoint of the “insured”.
However, this exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.
This exclusion, however, does not apply to the extent of any coverage provided for such “bodily injury” or “property damage” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” or “property damage” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
b. Contractual Liability
Any liability for which the “insured” is obligated to pay as damages by reason of the assumption of liability in a contract or agreement. However, this exclusion does not apply to liability for damages:
(1) That the “insured” would have in the absence of a contract or agreement; or (2) Assumed in an “insured contract”, provided “bodily injury” or “property damage” occurs subsequent to the execution of the “insured contract”. Solely for the purposes of liability assumed in an “insured contract”, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an “insured” are deemed to be damages because of Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. “bodily injury” or “property damage” and included in the Limits of Insurance of this policy, provided:
(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same “insured contract”; and
(b) Such attorney fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this policy applies are alleged; or
(3) to the extent of any coverage provided by “scheduled underlying insurance” for such liability the “insured” is obligated to pay as damages by reason of the assumption of liability in a contract or agreement, coverage under this policy for such liability will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”. c. Liquor Liability
“Bodily injury” or “property damage” for which any “insured” may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies even if the claims against any “insured” allege negligence or other wrongdoing in:
(a) The supervision, hiring, employment, training or monitoring of others by that “insured”; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol;
if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above.
However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. This exclusion, however, does not apply to the extent of any coverage provided for such “bodily injury” or “property damage” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” or “property damage” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. Various Laws
Any obligation of the “insured” under any of the following:
(1) The Employee Retirement Income Security Act of 1974 (including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985), or any amendment or revision thereto, or any similar law; or
(2) Any workers' compensation, disability benefits or unemployment compensation law, or any similar law.
e. Aircraft
“Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operated by or rented or loaned to any “insured”.
Use includes operation and “loading and unloading”.
This exclusion applies even if the claims against any “insured” allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that “insured”, if the “occurrence” which caused the “bodily injury” or “property damage” involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any “insured”.
This exclusion does not apply:
(1) To liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft; or
(2) to the extent of any coverage provided for such “bodily injury” or “property damage” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” or “property damage” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
f. Pollution
(1) Any “bodily injury”, “property damage”, or “personal and advertising injury” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” anywhere at any time;
(2) Any loss, cost or expense arising out of any request, demand, order or statutory or regulatory requirement that the “insured” or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of “pollutants”; or (3) Any loss, cost or expense arising out of any claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to, or assessing the effects of “pollutants”.
However, Paragraph (1) of this exclusion will not apply if coverage for such “bodily injury” or “property damage” as is described in subparagraphs (a) through (f) below is provided by “scheduled underlying insurance”:
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) “ProductsͲCompleted Operations Hazard”
Paragraph (1) of this exclusion does not apply with respect to “bodily injury” or “property damage” included within the “productsͲcompleted operations hazard” provided that “your product” or “your work” has not at any time by anyone been:
i. discarded, dumped, abandoned, thrown away; or
ii. transported, handled, stored, treated, disposed of or processed as waste. (b) Hostile Fire
Paragraph (1) of this exclusion does not apply with respect to “bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire”. (c) Equipment to Cool, Dehumidify, or Heat the Building and Contractor/Lessee Operations Paragraph (1) of this exclusion does not apply to:
i. “bodily injury” sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment used to heat water for personal use, by the building's occupants or their guests;
ii. “bodily injury” or “property damage” for which you may be held liable if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at such premises, site or location, and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any “insured”, other than the additional insured.
(d) Fuels, Lubricants and Other Operating FluidsͲMobile Equipment Paragraph (1) of this exclusion does not apply to “bodily injury” or “property damage” arising out of the escape of fuels, lubricants or other operating fluids that are needed to perform normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the “bodily injury” or “property damage” arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such “insured” contractor or subcontractor.
(e) Fuels, Lubricants, Fluids – Auto
Paragraph (1) of this exclusion does not apply to fuels, lubricants, fluids, exhaust gases or other similar “pollutants” that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an “auto” covered by “scheduled underlying insurance” or its parts, if:
i. the “pollutants” escape, seep, migrate, or are discharged, dispersed or released directly from an “auto” part designed by its manufacturer to hold, store, receive or dispose of such “pollutants”; and
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. ii. the “bodily injury” or “property damage” does not arise out of the operation of any equipment described in subparagraphs f.2. and f.3. of the definition of "mobile equipment".
(f) Upset, Overturn or Damage of an “Auto”
Paragraph (1) of this exclusion does not apply to “occurrences” that take place away from premises owned by or rented to an “insured” with respect to “pollutants” not in or upon an “auto” covered by “scheduled underlying insurance” if:
i. the “pollutants” or any property in which the “pollutants” are contained are upset, overturned or damaged as a result of the maintenance or use of an “auto” covered by “scheduled underlying insurance”; and
ii. the discharge, dispersal, seepage, migration, release or escape of the “pollutants” is caused directly by such upset, overturn or damage.
Coverage under this policy for such “bodily injury” or “property damage” as is described in subparagraphs (a) through (f) above will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance”, subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that coverage provided by this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
g. Watercraft
“Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any watercraft owned or operated by or rented or loaned to any “insured”. Use includes operation and “loading and unloading”.
This exclusion applies even if the claims against any “insured” allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that “insured”, if the “occurrence” which caused the “bodily injury” or “property damage” involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any “insured”.
This exclusion does not apply:
(1) To a watercraft while ashore on premises you own or rent; (2) To a watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or property for a charge; (3) To liability assumed under any "insured contract" for the ownership, maintenance or use of watercraft; or
(4) To the extent of any coverage provided for such “bodily injury” or “property damage” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” or “property damage” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
h. Employment Practices
Any liability arising out of:
(1) Failure to hire any prospective "employee" or any applicant for employment; (2) Dismissal, discharge or termination of any "employee"; (3) Failure to promote or advance any "employee"; or
(4) EmploymentͲrelated practices, policies, acts, omissions or misrepresentations directed at a present, past, future or prospective "employee", including, but not limited to:
(a) Coercion, harassment of any kind, humiliation or discrimination; (b) Demotion, evaluation, reassignment, discipline, or retaliation; (c) Libel, slander, humiliation, defamation, or invasion of privacy; or (d) Violation of civil rights.
This exclusion applies:
(a) Whether an “insured” may be liable as an employer or in any other capacity; and (b) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
i.War
"Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage to Property
“Property damage” to:
(1) Property:
(a) you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; or
(b) owned or transported by the “insured” and arising out of the ownership, maintenance or use of a “auto”;
(2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises;
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (3) Property loaned to you;
(4) Personal property in the care, custody or control of the “insured”; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it.
Subparagraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you.
Subparagraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Subparagraph (6) of this exclusion does not apply to “property damage” included in the “productsͲ completed operations hazard”.
k. Damage to “Your Product”
“Property damage” to “your product” arising out of it or any part of it. l. Damage to “Your Work”
“Property damage” to “your work” arising out of it or any part of it and included in the “productsͲ completed operations hazard”.
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
m. Damage to Impaired Property or Property Not Physically Injured “Property damage” to “impaired property” or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in “your product” or “your work”; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to “your product” or “your work” after it has been put to its intended use. n. Recall of “Your Product”, “Your Work” or “Impaired Property” Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) “Your product”;
(2) “Your work”; or
(3) “Impaired property”;
If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it.
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. o. NoͲFault, Uninsured Motorist or Underinsured Motorist Laws Any obligation of the “insured” under first party physical damage coverage, personal injury protection law, any noͲfault law, uninsured motorist or underinsured motorist law, or any similar law.
p. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
As used in this exclusion, "electronic data" includes, but is not limited to, information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CDͲROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
q. Employees and Volunteers
Liability of any "employee" or “volunteer worker" qualifying as an “insured” under this policy arising out of “bodily injury”, “property damage” or “personal and advertising injury”:
(1) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to an "employee" of yours while in the course of his or her employment or performing duties related to the conduct of your business, or to another volunteer of yours while performing duties related to the conduct of your business;
(2) To the spouse, child, parent, brother or sister of such injured "employee" or "volunteer worker" as a consequence of subparagraph (1) above;
(3) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in subparagraphs (1) or (2) above; or (4) Arising out of his or her providing or failing to provide professional health care services.
Subparagraphs (1), (2) and (3) above do not apply to the extent of any coverage provided for such “bodily injury” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
r. Asbestos
(1) “Bodily injury”, “property damage” or “personal and advertising injury” for the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos containing products or materials, asbestos fibers or asbestos dust; (2) “Bodily injury”, “property damage” or “personal and advertising injury” for any obligation to, by or from any “insured” to indemnify any “suit”, claim or similar proceeding arising out of, resulting from, or in anyway related to the manufacture of, mining of, use of, sale of, Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust;
(3) “Bodily injury”, “property damage” or “personal and advertising injury” forany obligation to defend any “suit”, claim or similar proceeding againstany “insured”for the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos dust or
(4) “Bodily injury”, “property damage” or “personal and advertising injury” for any obligation to, by or from any “insured” to pay any loss, cost or expense arising out anyway related to the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust. s. Employer's Liability
(1) “Bodily injury” to:
(a) An “employee” of the “insured” arising out of and in the course of:
i. Employment by the “insured”; or
ii. Performing duties related to the conduct of the “insured's” business; or (b) The spouse, child, parent, brother or sister of that “employee” as a consequence of Paragraph ( 1) above.
(2) This exclusion applies:
(a) Whether the “insured” may be liable as an employer or in any other capacity; and (b) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
(3)This exclusion does not apply:
(a)To liability assumed by the “insured” under an “insured contract”; or (b)To the extent of any coverage provided for such “bodily injury” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
t. Nuclear Liability
(1) Any liability:
(a) With respect to which the “insured” is also an “insured” under a nuclear energy liability policy issued by the Nuclear Energy LiabilityͲProperty Insurance Association, Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada, or similar agency or would be an “insured” under any such policy but for its termination upon exhaustion of its limit of liability;
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (b) Resulting from the "hazardous properties" of "nuclear material" and with respect to which:
i. Any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any amendment or revision thereto, or any similar law; or
ii. The “insured” is, or had this policy not been available would be, entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or an agency thereof with any person or organization;
(c) For “bodily injury” or “property damage” resulting from the "hazardous properties" of "nuclear material" if:
i. The "nuclear material" is at any "nuclear facility" owned by the “insured” or operated by the “insured” or on the “insured's” behalf or has been discharged or dispensed therefrom;
ii. The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by the “insured” or on the “insured's” behalf; or
iii. The “bodily injury” or “property damage” arises out of the furnishing by the “insured” of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion s.1.(c)iii. applies only to “property damage” to such "nuclear facility" and any property thereat.
(2) As used in this exclusion:
(a) "Hazardous properties" includes radioactive, toxic or explosive properties; (b) "Nuclear material" means “source material", "special nuclear material" or "byͲproduct material";
(c) "Source material," "special nuclear material" and "byͲproduct material" have the meanings given them in the Atomic Energy Act of 1954 or any amendment or revision thereto; (d) "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor";
(e) "Waste" means any waste material:
i. Containing "byͲproduct material"; and
ii. Resulting from the operation by any person or organization of a "nuclear facility" included within the definition of "nuclear facility" below; (f) "Nuclear facility" means:
i. Any “nuclear reactor”;
ii. Any equipment or device designed or used for:
a) Separating the isotopes of uranium or plutonium,
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. b) Processing or utilizing "spent fuel"; or
c) Handling, processing or packaging "waste";
iii. Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the “insured's” custody at the premises where such equipment or device is located consists of or contains more than twentyͲfive (25) grams of plutonium or uranium 233 or any combination thereof, or more than twoͲhundredͲfifty (250) grams of uranium 235; or iv. Any structure, basin, excavation, premises or place prepared or used for storage or disposal of "waste",
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations;
(g) "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a selfͲ supporting chain reaction or to contain a critical mass of fissionable material; and (h) “Property damage” includes all forms of radioactive contamination of property. u.Automobile Liability
Arising out of the ownership, operation, maintenance, use, “loading or unloading” or entrustment to others of any “auto” owned, operated by, rented to, loaned to or leased to any “insured”. Notwithstanding paragraph o. above, this exclusion, however, does not apply to the extent of any coverage provided for such “bodily injury” or “property damage” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” or “property damage” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
2.Additional Exclusions Applicable to Personal and Advertising Injury In addition to the above exclusions, this insurance does not apply to any “personal and advertising injury” or any associated loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit”:
a. Caused by or at the direction of the “insured” with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”; b. Arising out of oral, written or electronic publication, in any manner, of material if done by or at the direction of the “insured” with knowledge of its falsity; c. Arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the “policy period”; d. Arising out of a criminal act committed by or at the direction of the “insured”; e. For which the “insured” has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the “insured” would have in the absence of the contract or agreement;
f. Arising out of a breach of contract, except an implied contract to use another's advertising idea in your “advertisement”;
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. g. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your “advertisement”;
h. Arising out of the wrong description of the price of goods, products or services stated in your “advertisement”;
i. Arising out of an electronic chat room or bulletin board any “insured” hosts, owns, or over which any “insured” exercises control;
j. Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your “advertisement”, of copyright, trade dress or slogan;
k. Arising out of the unauthorized use of another's name or product in your eͲmail address, domain name or metatag, or any other similar tactics to mislead another's potential customers; l. Committed by any “insured” whose business is:
(1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of webͲsites for others; or (3) An Internet search, access, content or service provider.
However, this exclusion does not apply to the offenses of false arrest, detention or imprisonment, malicious prosecution, or the wrongful eviction from, wrongful entry into, or invasion of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor;
m. Arising out of any act that violates any statute, ordinance, regulation or commonͲlaw of any federal, state or local government or jurisdiction, including any amendment of or addition to such laws, that prohibits or limits the sending, transmitting or communicating of material or information.
II. DEFENSE PROVISIONS
A. We will have the right and duty to defend any “suit” against the “insured” that seeks damages for “bodily injury”, “property damage” or “personal and advertising injury” covered by this policy, even if the “suit” is groundless, false or fraudulent when:
1. The total applicable limits of “scheduled underlying insurance” have been exhausted by payment of damages to which this policy applies and the total applicable limits of “other insurance” have been exhausted; or
2. The damages sought because of “bodily injury”, “property damage” or “personal and advertising injury” would not be covered by “scheduled underlying insurance” or any applicable “other insurance”, even if the total applicable limits of either the “scheduled underlying insurance” or any applicable “other insurance” had not been exhausted by the payment of damages.
If we are prevented by law or statute from assuming the obligations specified under this provision, we will pay any expenses incurred with our consent.
B. We will have no duty to defend the “insured” against any “suit” seeking damages for “bodily injury”, “property damage” or “personal and advertising injury” to which this insurance does not apply.
C. When we assume the defense of any “suit” against the “insured” that seeks damages covered by this policy, we will:
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Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
1. Investigate, negotiate and settle the “suit” as we deem expedient; and
2. Pay the following supplementary payments to the extent that such payments are not covered by “scheduled underlying insurance” or any applicable “other insurance”:
a. All expenses we incur;
b. Premiums on bonds to release attachments for amounts not exceeding the applicable Limits of Insurance of this policy, but we are not obligated to apply for or furnish any such bond; c. Premiums on appeal bonds required by law to appeal a judgment in a “suit” for amounts not exceeding the applicable Limits of Insurance of this policy, but we are not obligated to apply for or furnish any such bond;
d. All court costs taxed against the “insured” in the “suit”. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured; e. PreͲjudgment interest awarded against the “insured” on that part of the judgment within the applicable Limits of Insurance of this policy we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any preͲjudgment interest accruing after we make such offer; f. PostͲjudgment interest that accrues after entry of judgment on that part of the judgment within the applicable Limits of Insurance of this policy we pay and before we have paid, offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance of this policy; and
g. The “insured's” expenses incurred at our request or with our consent.
D. Except as provided in Paragraph A. above, we will have no duty to defend any “suit” against the “insured”.
We will, however, have the right, but not the duty, to participate in the defense of any “suit” and the investigation of any claim to which this policy may apply. If we exercise this right, we will do so at our own expense.
E. We will not defend any “suit”, or pay any attorney fees or litigation expenses including, without limitation, the expenses described in Paragraph C. above that accrue after the applicable Limits of Insurance of this policy have been exhausted by the payment of damages and we will have the right to withdraw from the further defense of such “suit” by tendering control of said defense to the “insured”.
III. LIMITS OF INSURANCE
A. The Limits of Insurance shown in Item 3. of the Declarations and the rules below state the most we will pay for all damages under this policy regardless of the number of:
1. “Insureds”;
2. Claims made or “suits” brought;
3. Persons or organizations making claims or bringing “suits”; or
4. Coverages provided under this policy.
B. The General Aggregate Limit stated in Item 3. B. of the Declarations is the most we will pay for all damages under this policy, except for:
1. Damages included within the “productsͲcompleted operations hazard”; and Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
2. Damages because of “bodily injury” or “property damage” to which this policy applies, caused by an “occurrence” and resulting from the ownership, maintenance or use of an “auto” covered under “scheduled underlying insurance”.
C. The ProductsͲCompleted Operations Aggregate Limit stated in Item 3. C. of the Declarations is the most we will pay for all damages included in the “productsͲcompleted operations hazard”.
D. Subject to Paragraphs B. and C. above, the Each Occurrence Limit stated in Item 3. A. of the Declarations is the most we will pay for the sum of all damages arising out of any one “occurrence” or offense.
E. Subject to Paragraphs B. and C. above, the most we will pay for damages under this policy on behalf of any person or organization to whom you are obligated by written “insured contract” to provide insurance such as is afforded by this policy is the lesser of the Limits of Insurance shown in Item 3. of the Declarations or the Limits of Insurance you agreed to procure in such written “insured contract”.
F. This policy applies only in excess of the “retained limit”. If however, a policy shown in the Schedule of Underlying Insurance on the Declarations forming a part of this policy has a limit of insurance:
1. Greater than the amount shown in such schedule, this policy will apply in excess of the greater amount of valid and collectible insurance; or
2. Less than the amount shown in such schedule, this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this policy.
G. If the total applicable limits of “scheduled underlying insurance” are reduced or exhausted by the payment of damages to which this policy applies and the total applicable limits of applicable “other insurance” are reduced or exhausted, we will:
1. In the event of reduction, pay excess of the remaining total applicable limits of “scheduled underlying insurance” and any applicable “other insurance”; and
2. In the event of exhaustion, continue in force as underlying insurance.
H. Expenses incurred to defend any “suit” or to investigate any claim will be in addition to the applicable Limits of Insurance of this policy. Provided, however, that if such expenses reduce the applicable limits of “scheduled underlying insurance”, then such expenses will reduce the applicable Limits of Insurance of this policy.
I. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, beginning with the inception date of the “policy period” shown in the Declarations, unless the “policy period” is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy.
J. We will not make any payment under this policy unless and until:
1. The total applicable limits of “scheduled underlying insurance” have been exhausted by the payment of damages to which this policy applies and any applicable “other insurance” has been exhausted by the payment of damages; or
2. The total applicable “selfͲinsured retention” has been satisfied by the payment of damages to which this policy applies.
When the amount of damages has been determined by an agreed settlement or a final judgment and J.1. and J.2. above have been satisfied, we will promptly pay on behalf of the “insured” the amount of such Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. damages falling within the terms of this policy. An agreed settlement means a settlement and release of liability signed by us, the “insured” and the claimant or the claimant’s legal representative.
K. If there is "scheduled underlying insurance" with a policy period that is nonͲconcurrent with the “policy period” of this Commercial Umbrella Liability Insurance Policy, the “retained limit(s)” will only be reduced or exhausted by payments for:
1. "Bodily injury" or "property damage" which occurs during the “policy period” of this policy; or
2. “Personal and advertising injury" for offenses that are committed during the “policy period” of this policy.
IV. CONDITIONS
A. General Policy Conditions
1. Appeals
If the “insured” or the “insured's” underlying insurers do not appeal a judgment in excess of the total applicable limits of “scheduled underlying insurance”, we may elect to do so. If we appeal, we will be liable for, in addition to the applicable Limits of Insurance of this policy, all court costs, expenses incurred and interest on that amount of any judgment which does not exceed the applicable Limits of Insurance of this policy incidental to such an appeal.
2. Audit
We may audit and examine your books and records as they relate to this policy at any time during the “policy period” of this policy and for up to three (3) years after the expiration or termination of this policy.
3. Bankruptcy or Insolvency
Your bankruptcy, insolvency or inability to pay or the bankruptcy, insolvency or inability to pay of any of your underlying insurers will not relieve us from the payment of damages covered by this policy. But under no circumstances will such bankruptcy, insolvency or inability to pay require us to drop down, replace or assume any obligation under “scheduled underlying insurance”.
4. Cancellation
a. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect.
b. We may cancel this policy. If we cancel because of nonͲpayment of premium, we must mail or deliver to you not less than ten (10) days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason, we must mail or deliver to you not less than sixty (60) days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1. of the Declarations will be sufficient to prove notice.
The “policy period” will end on the day and hour stated in the cancellation notice.
If we cancel, final premium will be calculated pro rata of the Advance Premium based on the time this policy was in force. Final premium, however,will not be less than the Minimum Earned Premium shown in Item 5. of the Declarations.
If you cancel, final premium will be more than pro rata of the Advance Premium; it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Final premium, however, will not be less than the Minimum Earned Premium shown in Item 5 of the Declarations.
c. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter, but the cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative's check, mailed or delivered, will be sufficient tender of any refund due you.
d. The first “named insured” in Item 1. of the Declarations will act on behalf of all other “insureds” with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy.
e. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with that law.
5. Change In Control
If during the “policy period”:
a. The first “named insured” designated in Item 1. of the Declarations consolidates with or merges into, or sells all or substantially all of its assets to any person or entity; or b. Any person or entity acquires an amount of the outstanding ownership interests representing more than fifty percent (50%) of the voting or designation power for the election of directors of the first “named insured” designated in Item 1. of the Declarations, or acquires the voting or designation rights of such an amount of ownership interests;
this policy will continue in full force and effect as to “bodily injury” and “property damage” that occur prior to the effective date of such transaction and “personal and advertising injury” that takes place prior to the effective date of such transaction.
Coverage will be afforded by this policy for “bodily injury” or “property damage” that occurs on or after the effective date of such transaction and “personal and advertising injury” that takes place on or after the effective date of such transaction if the “named insured” notifies us of the transaction no later than ninety (90) days after the effective date of the transaction.
If the “named insured” fails to notify us within ninety (90) days of the effective date of such transaction coverage afforded by this policy will cease on the ninetieth (90th) day after the effective date of such transaction at 12:01 am standard time of the address of the “named insured” shown in Item 1. of the Declarations or the end of the “policy period”, whichever is earlier.
The provisions of paragraph 5. shall only apply to transactions with third parties not under control or ownership of the “named insured” on the inception date of this policy.
6. Changes
Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement that we make to this policy.
7. Headings
The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of coverage.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
8. Inspection
We have the right, but are not obligated, to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find.
We may also recommend changes. We do not, however, undertake to perform the duty of any person or organization to provide for the health or safety of your "employees” or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws, regulations, codes or standards.
9. Legal Actions Against Us
No person or organization has a right under this policy:
a. To join us as a party or otherwise bring us into a “suit” asking for damages from an “insured”; or b. To sue us under this policy unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an “insured”; but we will not be liable for damages that are not payable under this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us, the “insured” and the claimant or the claimant's legal representative.
10. Maintenance of Scheduled Underlying Insurance
You agree that during the “policy period”:
a. You will keep “scheduled underlying insurance” in full force and effect; b. The terms, definitions, conditions and exclusions of “scheduled underlying insurance” will not materially change;
c. The total applicable limits of “scheduled underlying insurance” will not decrease, except for any reduction or exhaustion of aggregate limits by payment of damages to which this policy applies; and
d. Any renewals or replacements of “scheduled underlying insurance” will provide equivalent coverage to and afford Limits of Insurance equal to or greater than the policy being renewed or replaced.
If you fail to comply with these requirements, we will be liable only to the same extent that we would have, had you fully complied with these requirements.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
11. Other Insurance
If other valid and collectible insurance applies to damages that are also covered by this policy, this policy will apply excess of the “other insurance”. However, this provision will not apply if the “other insurance” is specifically written to be excess of this policy.
12. Premium
The first “named insured” designated in Item 1. of the Declarations will be responsible for payment of all premiums when due. The premium for this policy will be computed on the basis set forth in Item 5. of the Declarations. At the beginning of the “policy period”, you must pay us the Advance Premium shown in Item 5. of the Declarations.
When this policy expires or if it is cancelled, we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment, the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium, you will promptly pay us the difference. If the earned premium is less than the Advance Premium, we will return the difference to you. But in any event, we will retain the Total Minimum Annual Premium as shown in Item 5. of the Declarations for each twelve months of the “policy period”.
13. Separation of Insureds
Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to the first “named insured” designated in Item 1. of the Declarations, this insurance applies:
a. As if each “named insured” were the only “named insured”; and b. Separately to each “insured” against whom claim is made or “suit” is brought.
14. Transfer of Your Rights and Duties
Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. However, notice of cancellation sent to the first “named insured” designated in Item 1.A. of the Declarations and mailed to the address designated in Item 1.B. of the Declarations of this policy will be sufficient notice to effect cancellation of this policy.
15. Unintentional Failure to Disclose
Your failure to disclose all hazards existing as of the inception date of the policy will not prejudice you with respect to the coverage afforded by this policy, provided that any such failure or omission is not intentional.
16. Knowledge of Occurrence
With respect to any loss reporting requirements under this policy, it is understood and agreed that knowledge of an "occurrence" or claim by an agent, servant or "employee" of yours or any other person shall not in itself constitute knowledge by you, unless a manager in your risk management department or legal department shall have received notice from said agent, servant, "employee" or any other person.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
17. Violation of Economic or Trade Sanctions
If coverage for a claim or “suit” under this policy is in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then coverage for that claim or “suit” will be null and void.
18. Service of Suit
It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the Insured, will submit to jurisdiction of a court of competent jurisdiction within the United States.Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. It is further agreed that service of process may be made upon us as provided in the Declarations with respect to Service of Suit, and that in any suit instituted against us, upon this policy, we will abide by the final decision of such court or of an appellate court in the event of an appeal.
Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the Counsel listed in the Declarations with respect to Service of Suit as the person to whom the said officer is authorized to mail such process or a true copy thereof.
B. Loss Conditions
1. Duties in the Event of an Occurrence, Claim or Suit
a. You must see to it that we are notified as soon as practicable of an “occurrence” that may result in a claim or “suit” under this policy. To the extent possible, notice should include:
(1) How, when and where the “occurrence” took place;
(2) The names and addresses of any injured persons and any witnesses; and (3) The nature and location of any injury or damage arising out of the “occurrence”. b. If a claim is made or “suit” is brought against any “insured” which is reasonably likely to involve this policy, you must notify us in writing as soon as practicable.
Written notice should be mailed, delivered, faxed or eͲmailed to us at as provided in the Declarations with respect to notice in the event of a claim. c. You and any other involved “insured” must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or “suit”;
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or “suit”; and Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the “insured” because of injury or damage to which this insurance may also apply.
d. No “insured” will, except at that “insured's” own cost, voluntarily make a payment, assume any obligation or incur any expense, other than for first aid, without our consent.
2. Transfer of Rights of Recovery
If any “insured” has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The “insured” must do nothing after loss to impair these rights and must help us enforce them.
Any recoveries will be applied as follows:
a. Any person or organization, including the “insured”, that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first; b. We then will be reimbursed up to the amount we have paid; and c. Lastly, any person or organization, including the “insured” that has paid an amount over which this policy is excess is entitled to claim the remainder.
Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations, including the “insured”, in the ratio of their respective recoveries as finally settled.
If, prior to the time of an “occurrence”, you waive any right of recovery against a specific person or organization for injury or damage as required under an “insured contract”, we will also waive any rights we may have against such person or organization.
V. DEFINITIONS
1. “Advertisement” means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition:
a. Notices that are published include material placed on the internet or on similar electronic means of communication; and
b. Regarding webͲsites, only that part of a webͲsite that is about your goods, products or services for the purposes of attracting customers or supporters is considered an “advertisement”.
2. “Auto” means:
a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, “auto” does not include “mobile equipment”.
3. “Bodily injury” means bodily injury, sickness or disease sustained by a person, including death, mental anguish, mental injury, shock or humiliation resulting from any of these at any time.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
4. “Coverage territory” means:
a. The United States of America, including its territories and possessions, Puerto Rico and Canada; and b. If provided by “scheduled underlying insurance”, anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America.
If coverage for a claim under this policy is in violation of any United States of America's economic or trade sanction, including, but not limited to, sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") then coverage for that claim shall be null and void.
5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker”.
6. “Hostile fire” means a fire that becomes uncontrollable or breaks out from where it was intended to be.
7. “Impaired property” means tangible property, other than “your product” or “your work”, that cannot be used or is less useful because:
a. It incorporates “your product” or “your work” that is known or thought to be defective, deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of “your product” or “your work” or your fulfilling the terms of the contract or agreement.
8. “Insured” means:
a. The “named insured”;
b. If you are designated in the Declarations as:
(1) An individual, you and your spouse are “insureds”, but only with respect to the conduct of a business of which you are the sole owner;
(2) A partnership or joint venture, you are an “insured”. Your members, your partners, and their spouses are also “insureds”, but only with respect to the conduct of your business; (3) A limited liability company, you are an “insured”. Your members are also “insureds”, but only with respect to the conduct of your business. Your managers are “insureds”, but only with respect to their duties as your managers;
(4) An organization other than a partnership, joint venture or limited liability company, you are an “insured”. Your executive officers and directors are “insureds”, but only with respect to their duties as your officers or directors. Your stockholders are also “insureds”, but only with respect to their liability as stockholders;
(5) A trust, you are an “insured”. Your trustees are also “insureds”, but only with respect to their duties as trustees;
c. Your "employees" other than your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business;
d. Your "volunteer workers" only while performing duties related to the conduct of your business; Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Any person (other than your "employee" or "volunteer worker") or organization while acting as your real estate manager;
f. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy;
g. Any person or organization, other than the “named insured”, included as an additional insured under “scheduled underlying insurance”, but not for broader coverage than would be afforded by such “scheduled underlying insurance”.
Notwithstanding any of the above:
(1) No person or organization is an “insured” with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not designated as a “named insured” in Item 1. of the Declarations; and
(2) No person or organization is an “insured” under this policy who is not an “insured” under applicable “scheduled underlying insurance”. This provision shall not apply to any organization set forth in the definition of “named insured” in subparagraphs 13.b. or 13.c.
9. “Insured contract” means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for “bodily injury” or “property damage” arising out of construction or demolition operations, within fifty (50) feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadͲbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (3) Under which the “insured”, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the “insured's” rendering or failure to render professional services, including those listed in paragraph (2) above and supervisory, inspection, architectural or engineering activities.
10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".
11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".
12. “Mobile equipment” means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether selfͲpropelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in subparagraphs a., b., c. or d. above that are not selfͲpropelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in subparagraphs a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, selfͲpropelled vehicles with the following types of permanently attached equipment are not “mobile equipment”, but will be considered “autos”:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Cherry pickers and similar devices mounted on “auto” or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
However, “mobile equipment” does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law are considered “autos”.
13. “Named insured” means:
a. Any person or organization designated in Item 1. of the Declarations; b. As of the inception date of this policy, any organization, except for a partnership, joint venture or limited liability company, in which you maintain an interest of more than fifty percent (50%) as of the effective date of this policy, provided that coverage provided to such organization under this paragraph does not apply to any “bodily injury” or “property damage” that occurred or any “personal and advertising injury” that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent (50%) in such organization; and c. After the inception date of this policy, any organization, except for a partnership, joint venture or limited liability company, that you acquire or form during the “policy period” in which you maintain an interest of more than fifty percent (50%), provided that:
(1) Coverage provided to such organization under this paragraph does not apply to any “bodily injury” or “property damage” that occurred or any “personal and advertising injury” that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent (50%) in such organization; and (2) You give us prompt notice after you acquire or form such organization.
Subject to the provisions of subparagraphs c.(1) and c.(2) above, a partnership, joint venture or limited liability company that you acquire or form during the “policy period” may be added as an “insured” only by a written endorsement that we make a part of this policy.
We may, at our option, make an additional premium charge for any organization that you acquire or form during the “policy period”.
You agree that any organization, to which subparagraphs b. and c. above apply, will be required to be included as an “insured” under applicable “scheduled underlying insurance”. If you fail to comply with this requirement, coverage under this policy will apply as though the organization was included as an “insured”, under the highest applicable limit of “scheduled underlying insurance”.
14. “Occurrence” means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one “occurrence”.
15. “Other insurance” means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
However, “other insurance” does not include “scheduled underlying insurance”, the “selfͲinsured retention” or any policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords.
16. “Personal and advertising injury” means injury arising out of your business, including consequential “bodily injury”, arising out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies committed by or on behalf of its owner, landlord or lessor;
d. Oral or written publication, in any manner, of material that slanders or libels a person or organization, or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your “advertisement”; or g. Infringement upon another's copyright, trade dress or slogan in your “advertisement”.
17. “Policy period” means the period of time from the effective date shown in Item 2. of the Declarations to the earlier of the expiration date shown in Item 2. of the Declarations or the effective date of termination of this policy.
18. “Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
19. “ProductsͲcompleted operations hazard”:
a. Includes all “bodily injury” and “property damage” occurring away from premises you own or rent and arising out of “your product” or “your work” except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, “your work” will be deemed completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. “ProductsͲcompleted operations hazard” does not include “bodily injury” or “property damage” arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the “loading or unloading” of that vehicle by any “insured”;
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
20. “Property damage” means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it.
For the purposes of this insurance, electronic data is not tangible property.
As used in this definition, electronic data includes, but is not limited to, information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CDͲROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
21. “Retained limit” means the greater of the following amounts:
a. The total applicable limits of “scheduled underlying insurance” and any applicable “other insurance” providing coverage to the “insured”; or
b. The “selfͲinsured retention” applicable to each “occurrence” that results in damages not covered by “scheduled underlying insurance” nor any applicable “other insurance” providing coverage to the “insured”.
22. “Scheduled underlying insurance” means:
a. The policy or policies of insurance and Limits of Insurance shown in the Schedule of Underlying Insurance forming a part of this policy; and
b. Automatically any renewal or replacement of any policy in subparagraph a. above; provided that such renewal or replacement provides equivalent coverage to and affords Limits of Insurance equal to or greater than the policy being renewed or replaced.
“Scheduled underlying insurance” does not include a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords
23. “SelfͲinsured retention” means the amount that is shown in Item 4. of the Declarations.
24. “Suit” means a civil proceeding in which damages because of “bodily injury”, “property damage” or “personal and advertising injury” to which this policy applies are alleged. “Suit” includes:
a. An arbitration proceeding in which such damages are claimed and to which the “insured” must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the “insured” submits with our consent.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
25. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or shortͲterm workload conditions.
26. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
27. “Your product”:
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your product”; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.
28. “Your work”:
a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “your work”; and
(2) The providing of or failure to provide warnings or instructions.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
ENDORSEMENT
This endorsement, effective 12:01 AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
SCHEDULE OF UNDERLYING
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
Coverage
Description
Insurer
Policy Period
Policy Number
Limits of Insurance
Retentions
Defense Treatment
Auto Liability
USͲUnited States
USͲAL
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #XSA H10697499
$9,000,000 CSL
Excess of $1,000,000 SIR
Defense Treatment:Outside the Limit
General Liability
USͲUnited States
USͲGL
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #XSL G47304246
$1,000,000 Per Occurrence
$1,000,000 Personal and Advertising Injury Limit
$10,000,000 General Aggregate
$1,000,000 ProductsͲCompleted Operations Aggregate
Excess of $1,000,000 SIR
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
TNͲELͲSIR
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #WCU C50675038
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
Excess of $1,000,000 SIR
Defense Treatment:Outside the Limit
Auto Liability
CAͲCanada
CanadaͲAL
Chubb Insurance Company
of Canada
09/01/2023 to 09/01/2024
Policy #CAC 426450
$10,000,000 Per Occurrence
$5,000,000 Deductible
Defense Treatment:Outside the Limit
General Liability
CAͲCanada
CanadaͲGL
Chubb Insurance Company
of Canada
09/01/2023 to 09/01/2024
Policy #CGL 326482
$1,000,000 Per Occurrence
$10,000,000 General Aggregate
$1,000,000 ProductsͲCompleted Operations Aggregate
Excess of $1,000,000 SIR
Defense Treatment:Outside the Limit
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 2|ULͲUMͲ001Ͳ07/2013
General Liability
USͲUnited States
Foreign GL
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #PHF D38285191 009
$1,000,000 Per Occurrence
$1,000,000 Personal and Advertising Injury Limit
$2,000,000 General Aggregate
$2,000,000 ProductsͲCompleted Operations Aggregate
Defense Treatment:Outside the Limit
General Liability
USͲUnited States
Fernley, NVͲGL
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #HDO G47304088
$1,000,000 Per Occurrence
$1,000,000 Personal and Advertising Injury Limit
$2,000,000 General Aggregate
$1,000,000 ProductsͲCompleted Operations Aggregate
$20,000 Deductible
Defense Treatment:Outside the Limit
Auto Liability
USͲUnited States
Fernley, NVͲHired, (hired
and nonͲowned auto
only)
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #ISA H10697220
$1,000,000 CSL
$20,000 Deductible
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
Fernley, NV ELͲLDR
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #WLR C50674757
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
$20,000 Deductible
Defense Treatment:Outside the Limit
Employee Benefits
USͲUnited States
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #XSL G47304246
$1,000,000 Each Employee
$1,000,000 Aggregate
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
AOSͲELͲLDR
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #WLR C50674691
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
$1,000,000 Deductible
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
Pilot Travel – AOS
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #WCU C50674903
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
Excess of $1,000,000 SIR
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
WI
ACE Fire Underwriters
Insurance Company
09/01/2023 to 09/01/2024
Policy #SCF C50674848
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
$1,000,000 Deductible
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
NV
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #WCU C50674976
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
Excess of $1,000,000 SIR
Defense Treatment:Outside the Limit
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Auto Liability
USͲUnited States
Foeign ALͲContigent
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #PHF D38285191 009
$1,000,000 CSL
Defense Treatment:Outside the Limit
Employer's Liability
USͲUnited States
Foerign EL
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #PHF D38285191 009
$1,000,000 Each Accident
$1,000,000 Each Employee
$1,000,000 Policy Limit
Defense Treatment:Outside the Limit
Employee Benefits
USͲUnited States
Foreign EBL
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #PHF D38285191 009
$1,000,000 Each Employee
$1,000,000 Aggregate
Defense Treatment:Outside the Limit
Charterer's Liability
USͲUnited States
CHARTERERS LEGAL
LIABILITY
The Standard Club Ltd
03/14/2023 to 03/14/2024
Policy #383863
$100,000,000 Per Occurrence
$25,000 Deductible
Defense Treatment:Inside the Limit
Commercial General
Liability
USͲUnited States
SelfͲInsured Retention
SelfͲInsured Retention
09/01/2023 to 09/01/2024
Retentions:
$1,000,000 each occurrence or offense (SelfͲinsured
retention continues to apply regardless of whether the followed policy” is exhausted.)
Defense Does Not Erodes the selfͲinsured retention
Auto Liability
USͲUnited States
SC Fuels – CA
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #ISA H10697323
$10,000,000 CSL
Defense Treatment:Outside the Limit
Auto Liability
USͲUnited States
ACE American Insurance
Company
09/01/2023 to 09/01/2024
Policy #ISA H10697268
$10,000,000 CSL
Defense Treatment:Outside the Limit
Auto Liability Gemini Insurance Company
09/01/2023 to 09/01/2024
Policy # GVE100232305
$5,000,000 Per Occurrence
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ002Ͳ04/2014
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
CANCELLATION AMENDMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
HEALTHCARE LIABILITY UMBRELLA POLICY
It is hereby agreed that the cancellation provision of this policy is amended to 90 days except for nonͲpayment of premium which remains 10 days
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ005Ͳ02/2017
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
EMPLOYMENT PRACTICES EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
The following exclusion is added to the policy:
Employment Practices
This policy does not provide coverage for:
(a) Failure to hire any prospective employee or any applicant for employment; (b) Dismissal, discharge or termination of any employee; (c) Failure to promote or advance any employee; or
(d) EmploymentͲrelated practices, policies, acts, omissions or misrepresentations directed at a present, past, future or prospective employee, including, but not limited to:
(1) Coercion, harassment of any kind, humiliation or discrimination; (2) Demotion, evaluation, reassignment, discipline or retaliation; (3) Libel, slander, humiliation, defamation, or invasion of privacy; or (4) Violation of civil rights.
This exclusion applies:
(a) Whether an insured may be liable as an employer or in any other capacity; and (b) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ009Ͳ07/2013
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
AUTO PHYSICAL DAMAGE, UNINSURED MOTORIST
OR UNDERINSURED MOTORIST LAWS EXCLUSIONS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
The following exclusion is added to the policy:
This insurance does not apply to first party physical damage coverage, personal injury protection law, noͲfault law, uninsured motorist or underinsured motorist laws or any similar law.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ010Ͳ04/2020
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
VIOLATION OF COMMUNICATION OR INFORMATION LAW
EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
EXCESS INTEGRATED FOLLOW FORM POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
The following exclusion is added to the policy:
Violation of Communication or Information Law
This policy does not provide coverage for any act that violates any statute, ordinance or regulation of any federal, state or local government, including any amendment of or addition to such laws that prohibits or limits the sending, transmitting or communicating of material or information.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ017Ͳ07/2013
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
SECURITIES EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following exclusion is added to the policy:
Securities
This policy does not provide coverage for any “bodily injury”, “property damage” or “personal and advertising injury” arising out of:
1. Any violation of any securities law or similar law or any regulation promulgated thereunder;
2. The purchase, sale, offer of sale or solicitation of any security, debt, insurance policy, bank deposit or financial interest or instrument;
3. Any representations made at any time in relation to the price or value of any security, debt, insurance policy, bank deposit or financial interest or instrument; or
4. Any depreciation or decline in price or value of any security, debt, insurance policy, bank deposit or financial interest or instrument.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ022Ͳ07/2013
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
ABSOLUTE LEAD EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following exclusion is added to the policy:
This insurance does not apply to any “bodily injury”, “property damage” or “personal and advertising injury” for the defense, indemnity, loss, cost or expense arising out of, resulting from, or in any way related to the exposure, manufacture, mining, use, sale, removal, or distribution of lead or leadͲcontaining products, materials or substances. This exclusion applies to all forms of lead, including but not limited to solid, liquid, vapor and fumes.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ029Ͳ08/2013
Includes copyrighted material of Insurance Services Office, Inc., with its permission. ENDORSEMENT
This endorsement, effective 12:01 AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
TOTAL POLLUTION EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
Exclusion f. under Paragraph 1. Exclusions Applicable to Policy of Section I – COVERAGES, B. Exclusions, is deleted and replaced with the following:
f. Pollution
This policy does not provide coverage for:
(1) Any “bodily injury”, “property damage”, or “personal and advertising injury” arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants” anywhere at any time;
(2) Any loss, cost or expense arising out of any request, demand, order or statutory or regulatory requirement that the “insured” or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of “pollutants”; or (3) Any loss, cost or expense arising out of any claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing or in any way responding to, or assessing the effects of “pollutants”.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ030Ͳ07/2015
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
INSURED CONTRACT REDEFINED ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
I. Paragraph c. of “insured contract” under Section V. DEFINITIONS is deleted and replaced with the following:
c. Any easement or license agreement;
II.Paragraph f. (1), “insured contract” under Section V. DEFINITIONS is deleted.
III.The following is added to, “insured contract” definition under Section V. DEFINITIONS:
g. Subparagraph f. above includes that part of any contract or agreement that indemnifies a railroad for “bodily injury” or “property damage” arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadͲbeds, tunnel, underpass or crossing.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ032Ͳ05/2014
ENDORSEMENT
This endorsement, effective 12:01 AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
BUSINESS CRISIS EVENT COST COVERAGE ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
The following is added to SECTION I. COVERAGES:
Business Crisis Event Cost Coverage
A. Subject to the terms and conditions of this endorsement, we will pay “business crisis event costs” to third parties at the request of and on behalf of the "named insured". The “business crisis event costs” must arise from a “business crisis event” that first commences during the "policy period", or after the “retro date”, if applicable. B. A “business crisis event” will be deemed to first commence when a "key executive" first becomes aware of an "occurrence" that gives rise to the “business crisis event” and will end when we determine that any one of the necessary elements listed in the definition of a “business crisis event” no longer exists. In no event, however, will we have any obligation under this coverage once the limit of insurance described in paragraph C. below has been exhausted.
C. The most we will pay for all “business crisis event costs” in any one policy period is $100,000. Payment of “business crisis event costs” will not be applied to or erode any other limit or aggregate limit of the policy.
D. Any payment of “business crisis event costs” that we make under the coverage provided by this endorsement will not:
1. Be a determination of any other rights or obligations under this policy;
2. Create any duty to defend any "suit" under any other part of this policy; or
3. Operate as a waiver of any right or defense we have with respect to the coverage under the policy, including Condition B. (Duties in the event of an "Occurrence", Claim or "Suit").
E. For purposes of coverage provided by this endorsement, the following is added to SECTION IV. CONDITIONS paragraph B. 1. Duties in the Event of an Occurrence, Claim or Suit: You must see to it that we are notified of any “business crisis event” within seventyͲtwo (72) hours of the time that a "key executive" first becomes aware of an "occurrence" that gives rise to a “business crisis event” or as soon as reasonably practicable, in order to be eligible for the advancement of "business crisis event costs." Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 2|CLPͲUNͲ032Ͳ05/2014
Notice of a “business crisis event” shall be given by calling 1Ͳ855Ͳ453Ͳ9675 or by written notice made to us as provided in the Declarations with respect to notice in the event of a claim.
F. For purposes of coverage provided by this endorsement, the following are added to SECTION V. DEFINITIONS:
1. "Adverse media coverage" means national or regional news exposure in television, radio, print or internet media that is reasonably likely to have a negative impact on the "named insured" with respect to its income, reputation, community relations, public confidence or good will.
2. “Business crisis event” means an "occurrence" that, in the good faith opinion of a "key executive" of the “named insured”, has resulted in or is reasonably likely to result in: a. "Bodily injury", "property damage" or "personal and advertising injury"; and b. A need for "business crisis management services" due to "adverse media coverage". “Business crisis event” will include, but is not limited to, "occurrences" resulting from: explosions and other manͲmade disasters; serious accidents resulting in a death, burns, dismemberment injuries; traumatic brain injuries; permanent paralysis injuries; or injuries from contamination of food, drink or pharmaceuticals.
3. “Business crisis event consulting firm” means any firm that is approved by us and hired by you or us to perform "business crisis management services" in connection with a "business crisis event".Any “business crisis event consulting firm” which has been retained by you on a continuous and uninterrupted basis from a date preceding the “business crisis event” for which coverage is sought under this endorsement up until the date of such event, shall be deemed approved by us.
4. "Business crisis management services" means those services performed by a “business crisis event consulting firm” in advising the "named insured" on minimizing potential harm to the "named insured" from a covered “business crisis event” by managing "adverse media coverage" and maintaining and restoring public confidence in the "insured".
5. “Business crisis event costs” means the following reasonable and necessary fees and expenses incurred during a “business crisis event” and directly caused by the "business crisis event", but only to the extent that the "named insured", the “business crisis event consulting firm” or a third party authorized by us or the "business crisis management firm", arranges for such services resulting in these fees and expenses and the fees and expenses are preͲapproved by us:
a. Fees charged by a “business crisis event consulting firm” for the performance of "business crisis management services" for the "named insured";
b. Expenses incurred by a “business crisis event consulting firm” in the performance of "business crisis management services" for the "named insured";
c. Fees and expenses for printing, advertising, mailing of materials or travel by directors, officers, employees or agents of the "named insured" or the “business crisis event consulting firm” incurred at the direction of a "business crisis management firm";
d. Fees and expenses to secure the scene of a “business crisis event”; e. Medical expenses; funeral expenses; expenses for psychological counseling; travel expenses; temporary living expenses or other necessary response costs approved by us, incurred by or advanced to third parties directly harmed by the "business crisis event."
“Business crisis event costs” do not include any defense costs.
6. "Key executive" means the Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, President, Risk Manager, General Counsel or general partner (if the "named insured" is a partnership) or sole proprietor (if the "named insured" is a sole proprietorship) of the "named insured".
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ034Ͳ04/2020
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
TERRORISM EXCLUSION ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
CONTRACTOR’S POLLUTION LEGAL LIABILITY POLICY
EXCESS INTEGRATED FOLLOW FORM POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
HEALTHCARE LIABILITY UMBRELLA POLICY
POLLUTION LEGAL LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following exclusion is added to the policy:
Terrorism
This policy does not provide any coverage for any act of “Terrorism”. “Terrorism” means:
(1) any act that is certified by the United States Secretary of the Treasury, in consultation with the United States Secretary of Homeland Security, and United States Attorney General, to be an act of terrorism pursuant to the Terrorism Risk Insurance Act of 2002, including all amendments thereto; or (2) activities against persons, organizations or property of any nature, including any actions in hindering, defending against, responding to or retaliating against an actual or suspected activities:
(a) That involve the following or preparation for the following:
i. Use or threat of force or violence; or
ii. Commission or threat of a dangerous act; or
iii. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and
(b) When one or both of the following applies:
i. The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 2|CLͲUNͲ034Ͳ04/2020
ii. It appears that the intent is to intimidate or coerce a government, or to further political, philosophical, ideological, religious, social, economic, or similar type objectives or positions, or to express (or express opposition to) any such objectives, positions, ideas or beliefs.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ036Ͳ09/2013
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
ABSOLUTE SILICA EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following exclusion is added to the policy:
This insurance does not apply to:
1. “Bodily injury", “property damage”, “personal and advertising injury”, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury, and/or any other type of injury, loss, cost, damage, or expense sustained by any person for the real or alleged emergence, contraction, aggravation or exacerbation of any form of silicosis or any other disease of the human body caused by, arising out of, resulting from, or in any way related to the manufacture, mining, use, sale, removal, or distribution by any person or organization of silica, silica products, silica powder including nano silica powder silica fibers or silica dust, or the exposure to silica, silica products, silica fibers or silica dust; or
2. Any obligation to defend, indemnify or pay any loss, cost or expense for such "bodily injury", “property damage”, “personal and advertising injury”, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury, at any time caused by, arising out of, resulting from, or in any way related to the manufacture of, mining of, use of, sale of, removal of, distribution of, or exposure to silica, silica products, silica powder including nano silica powder, silica fibers or silica dust. For purposes of this exclusion, silica means silicon dioxide, whether occurring in crystalline, amorphous and impure forms, silica particles, silica powder including nano silica powder, silica dust, silica fibers or silica compounds.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ041Ͳ09/2013
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
ABSOLUTE NON SUBSCRIBER EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
The following exclusion is added to the policy:
This insurance does not apply to any “bodily injury”:
(1)sustained by any “insured’s” “employee” if the “bodily injury” occurs in any state(s) where any “insured” is a nonͲparticipant or nonͲsubscriber to, or has opted out of, regular programs established by the state’s workers compensation or disability law, statue, regulations or similar law; or (2)any claim or “suit” brought by the spouse, child, parent, brother or sister of such “employee” as a consequence of any such “bodily injury” sustained by such “employee” described in (1) above.
This exclusion applies whether any “insured” has assumed all or part of such liability from any other person or entity in any manner, including, but not limited to, a written contract, “insured contract” or any agreement.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ045Ͳ10/2016
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ENDORSEMENT
This endorsement, effective 12:01 AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
WAIVER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
SCHEDULE
Name Of Person Or Organization:
Any person or organization that requires you to waive your rights of recovery, in a written and executed contract or agreement with you that is executed prior to the "occurrence" or "offense".
The following Condition is added to the policy:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written and executed contract with that person or organization and included in the "productsͲ completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. The Transfer of Rights of Recovery condition in the policy is deleted to the extent of the waiver provided in this endorsement for the person or organization shown in the Schedule above. All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ061Ͳ10/2013
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
TOTAL MBTE AND OTHER FUEL OXYGENATES
EXCLUSION ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following exclusion is added to the policy:
Total MBTE and Other Fuel Oxygenates Exclusion
This policy does not apply to “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit”, however caused, in whole or in part arising out of, resulting from, or in any way related to methyl tertiaryͲbutyl ether (“MBTE”) or any other fuel oxygenates, including, but not limited to:
(1)Ether oxygenates, such as ethyl tertiaryͲbutyl ether (“EBTE”), tertiaryͲamyl methyl ether (“TAME”), tertiaryͲ amyl ether (“TAEE”), and diisopropyl ether (“DME”); and (2) Alcohol oxygenates, such as ethanol (ethyl alcohol), methanol (methyl alcohol), and tertiaryͲbutyl alcohol (“TBA”).
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ062Ͳ06/2015
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
NAMED INSURED AMENDMENT - SCHEDULED
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following is added to the policy:
Each entity shown in the Schedule below is a “named insured” under this policy.
Each individual shown in the Schedule below is only a “named insured” under this policy within the scope of such individual’s employment for you or, if such individual is your officer, director or partner, with respect to the conduct of your business.
If “named insured” is not defined in Section V. Definitions of this policy, then “named insured” shall refer to the Named Insured as shown in the Declarations of this policy, including person(s) or organization(s) qualifying as Named Insured(s) via amendment(s) to this policy.
SCHEDULE
x Pilot Travel Centers LLC
x Beverage Management Associates Inc.
x Bunker Hill Oil Marketing LLC
x Bunkerhill Holdings Company LLC
x FJI Plaza Company II LLC
x Fleet Sales LLC
x Greenamerica LLC
x GreenAmerica BioFuels LLC
x J Fleet Leasing LLC
x Kearney I LLC
x Martin Pilot Joint Venture
x Parts and Service Solutions LLC
x PFJ Southeast LLC
x Pilot Arizona Pride LLC
x Pilot Arizona South LLC
x Pilot Manning LLC
x Pilot of Texas LLC
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 2|CLͲUNͲ062Ͳ06/2015
x Pilot Pacific Northwest LLC
x Pilot Receivables LLC
x Pilot West Texas LLC
x PTC Delaware LLC
x PTC Kearney II LLC
x PTC Kearney III LLC
x PTC Kearney IV LLC
x PTCAA Texas, LP
x Saratoga Rack Marketing LLC
x Tartan Oil LLC
x Texas South I LLC
x Texas South II LLC
x Texas South III LLC
x TriͲStar DEF LLC
x Flying J Canada Inc.
x Flying J Canada Transport Inc.
x SFJ Inc.
x Fuelbook LLC
x HalfSpin Finance Holdings LLC
x PFJE AssetCo Holdings LLC
x PFJE Holdings LLC
x Hyperion Employee Co LLC
x Hyperion EmployeeCo Holdings LLC
x Hyperion Water Holdings LLC
x Hyperion Water Technologies LLC
x Pilot California Venture LLC
x o Pilot West LLC
x Pilot Xpress Arizona LLC
x Pilot Xpress LLC
x Restover Truck Stop, LLC
x Starlight Relativity Holdings LLC
x Trajectory Acquisition Company LLC
x Saratoga RP East LLC
x Pro Petroleum LLC
x Fuel Processing Operators, LLC
x Pro Terminal Operators, LLC
x Caljet of America, LLC
x Quikjet, LLC
x Southern Counties Oil Co., a California Limited Partnership x SC Commercial LLC, a Delaware Limited Liability Company x Cardlock Fuels System, LLC a California Limited Liability Company x KNPS Pipeline GP LLC
x KNPS Pipeline LP
x GreenAmerica Biofuels Ord LLC
x Pilot Arizona PrideͲYucca LLC
x Pilot Texas West LLC
x Falls City Terminal GP LLC
x Falls City Terminal LP
x Golden State Travel Centers LLC
x PFJE SOCAL GP Holdings LLC
x PFJE SOCAL LP Holdings LLC
x Pro Saratoga Transport LLC
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ065Ͳ10/2013
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
PRIMARY NONCONTRIBUTORY – OTHER
INSURANCE PROVISION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following Condition is added to the policy:
Primary Noncontributory – Other Insurance
The insurance provided by this policy is primary, and will not seek contribution from any insurance available to an additional insured under this policy, provided that:
(a)The additional insured is a named insured under such other insurance; and (b)Prior to an “occurrence” you agreed, in a fully executed written contract or agreement, that this insurance would be primary and would not seek contribution from any insurance available to that additional insured.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ067Ͳ10/2013
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
NOTICE OF CANCELLATION - DESIGNATED ENTITIES OR
INDIVIDUALS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following is added to the policy:
SCHEDULE
Name and Address Notice of Cancellation
(Other Than NonͲPayment)
ING Capital LLC, as administrative agent
Attn: Caue Todeschini
1133 Avenue of the Americas
New York , NY 10036
30 days
Except with respect to cancellation for nonͲpayment of premium, the entities and individuals listed in the Schedule of this endorsement shall receive prior written notice of cancellation not less than the number of days listed for them in the Schedule, respectively.
Other than the right to receive notice of cancellation as set forth herein, however, this endorsement confers no rights or status under this policy for any entity or individual listed in the Schedule of this endorsement.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
PUNITIVE OR EXEMPLARY DAMAGES
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
I. Paragraph A. of IV. CONDITIONS is amended to include the following additional condition:
Punitive or Exemplary Damages
Punitive or exemplary damages that are awarded against an “insured” in a judgment that also awards compensatory damages covered by this policy shall be covered where insurable under applicable law, which shall be liberally construed in favor of insurability of such punitive or exemplary damages, subject to all other terms, conditions, definitions, and exclusions of this policy, including Exclusion B.1.a.
Expected or Intended Injury.
Coverage for such punitive or exemplary damages shall be subject to, and not in addition to, the limits of insurance set forth in Item 3. of the Declarations.
Notwithstanding the above, this policy does not provide coverage for any civil or criminal fines or penalties imposed by any federal, state or local governmental agency, body or authority.
II.If Section V. DEFINITIONS includes a definition for “SelfͲInsured Retention”, that definition is amended to include the following:
However, with respect to punitive or exemplary damages that would not have been insurable under this policy without the Punitive or Exemplary Damages Endorsement, “selfͲinsured retention” includes the amount of the applicable limits of all “scheduled underlying insurance” that would have applied to such damages if they were not deemed to be uninsurable under such “scheduled underlying insurance”.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ082Ͳ06/2014
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
CROSS SUITS EXCLUSION (NAMED INSUREDS)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
I. The following exclusion is added to the policy:
Cross Suits Exclusion
This policy does not apply to any “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit”, however caused, in whole or in part arising out of or the subject of any allegations, claim or “suit” brought by one or more “named insured” against any other “named insured”, including, but not limited to:
(a)Any parent company or parent corporation of any “named insured”; (b)Any subsidiary company or subsidiary corporation of any “named insured”; (c)Any other company, corporation or joint venture owned or controlled, in whole or in part, by any of the entities described above;
(d)Any division or department of any of the entities described above; and (e)Any officer, director or “employee” of any of the entities described above.
II.If “named insured” is not defined in SECTION VͲDEFINITIONS, “named insured” shall mean the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLPͲUNͲ119Ͳ05/2014
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
TOTAL NUCLEAR RADIATION AND RADIOACTIVE MATTER
EXCLUSION ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
The following Exclusion is added to the policy:
Total Nuclear, Radiation and Radioactive Matter Exclusion This policy does not apply to “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit”, however caused, in whole or in part arising out of, resulting from, or in any way related to, directly or indirectly, any form of nuclear or radioactive material or radiation, nuclear detonation, nuclear reaction, or radioactive contamination.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
BROAD FORM NAMED INSURED
(INCLUDING PARTNERSHIPS, JOINT VENTURES AND
LIMITED LIABILITY COMPANIES)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
The definition of “named insured” in Section V. DEFINITIONS is deleted and replacing with the following:
“Named insured” means:
a. Any person or organization designated in Item 1. of the Declarations; and b. As of the inception date of this policy, any organization in which you, or any of your wholly owned subsidiaries:
(1) Maintain an interest of more than fifty percent (50%) as of the effective date of this policy; or (2) Have a written contractual responsibility of placing insurance for such entity.
However, such organization is not an insured with respect to “bodily injury” or “property damage” that occurred or any “personal and advertising injury” that was committed before you or your wholly owned subsidiary acquired or formed such organization, entered into such written contractual responsibility, or after you or your wholly owned subsidiary ceased to maintain an interest of more than fifty percent (50%) in such organization; and
c. After the inception date of this policy, any organization that you, or any of your wholly owned subsidiaries, acquire or form during the “policy period” in which you maintain an interest of more than fifty percent (50%), or for which you, or any of your wholly owned subsidiaries, has a written contractual responsibility of placing insurance for such entity, is automatically a “named insured”, subject to the following:
(1) Coverage for such organization under this paragraph does not apply to any “bodily injury” or “property damage” that occurred or any “personal and advertising injury” that was committed before you or your wholly owned subsidiary acquired or formed such organization, entered into Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Includes copyrighted material of Insurance Services Office, Inc., with its permission such written contractual responsibility, or after you or your wholly owned subsidiary ceased to maintain an interest of more than fifty percent (50%) in such organization; and (2) Such organization’s operations are not materially different from your operations prior to your acquisition, control or formation; and
(3) Such organization’s sales for the prior 12 month period do not exceed ten percent (10%) of your sales for the prior 12 month period.
Notwithstanding the foregoing we may, at our option, make an additional premium charge for any organization that you acquire or form during the “policy period”.
To the extent that there is “scheduled underlying insurance”, you agree that any organization to which subparagraphs b. or c. above apply will be required to be included as an “insured” under applicable “scheduled underlying insurance”. If you fail to comply with this requirement, coverage under this policy will apply as though the organization was included as an “insured” under the highest applicable limit of “scheduled underlying insurance”.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ124Ͳ07/2016
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
NOTICE OF CANCELLATION VIA EMAIL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
I. The cancellation clause within Section IV. CONDITIONS is amended by the addition of the following subparagraph:
In the event we cancel this policy for any reason other than nonͲpayment of premium, and:
1. The cancellation effective date is prior to this policy's expiration date;
2. The First Named Insured is under an existing contractual obligation to notify a certificate holder when this policy is canceled (hereinafter, the "Certificate Holder(s)"); and
3. The First Named Insured has provided to us, either directly or through its broker of record, the email address for the Certificate Holder(s);
we will provide notice of cancellation via eͲmail to such Certificate Holder(s) within 30 days after the First Named Insured provides such information to us; provided, however, that if a specific number of days is not stated above, then the notice of cancellation will be provided to such Certificate Holder(s) as soon as reasonably practicable after the First Named Insured provides such information to us.
This endorsement does not affect, in any way, coverage provided under this policy, or the cancellation of this policy or the effective date thereof, nor shall this endorsement provide any insurance to any entities that are not otherwise insured under this policy.
II. The following definition applies to this endorsement and is added to Section VͲDEFINITIONS:
First Named Insured means the Named Insured shown on the Declarations Page of this policy.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ156Ͳ01/2015
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
LIMITATION - COVERAGE DOES NOT APPLY PER THE
SCHEDULE OF THIS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
SCHEDULE
Entity(ies):
Maxum Enterprises LLC and Its Subsidiaries; Pilot Corporation and Its Subsidiaries; Starlight Relativity Acquisition Company LLC and its subsidiaries, Pilot Water Solutions LLC and its subsidiaries (except Auto Liability)
The following restriction of coverage is added to this policy, and supersedes anything else to the contrary: Notwithstanding anything elsewhere in this policy, this insurance does not apply to "bodily injury", "property damage", “personal and advertising injury” or any other liability, loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit”, caused by, arising out of, resulting from, or in any way related to, directly or indirectly, in whole or in part:
1. The entity(ies) listed in the Schedule above, including, but not limited to, any person or entity acting by, for, or on behalf of any such entity(ies);
2. The ownership, maintenance or use of the premises listed in the Schedule above and operations necessary or incidental to those premises;
3. The project(s) listed in the Schedule above;
4. The operation(s) listed in the Schedule above;
5. “Your work” as described in the Schedule and that is included in the “productsͲcompleted operations hazard”;
6. “Your product(s)” listed in the Schedule above and that is included in the “productsͲcompleted operations hazard”; and
7. The territory(ies) shown in the Schedule above.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|ULͲUMͲ003Ͳ03/2018
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
COVERAGE EXCLUDED BY SCHEDULED UNDERLYING
INSURANCE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
The following paragraph is added to Section I. COVERAGES, B. Exclusions 1. Exclusions Applicable to Policy:
This policy does not provide coverage for "bodily injury", "property damage" or "personal and advertising injury" which: (1) Would not be covered by the "scheduled underlying insurance" by reason of an exclusion contained in or at any time added to such "scheduled underlying insurance" regardless of whether such “scheduled underlying insurance” is otherwise exhausted; or
(2) Would be in any way subject to a sublimit which is less than the limits of insurance of such "scheduled underlying insurance" regardless of whether such “scheduled underlying insurance” is otherwise exhausted.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|ULͲUMͲ006Ͳ04/2017
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
INCIDENTAL MEDICAL MALPRACTICE – LIMITED
EXCEPTION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
I. The following is added to exclusion Q. Employees and Volunteers of 1. Exclusions Applicable to Policy under I.
COVERAGES, B. Exclusions:
Subparagraph (4) does not apply to “bodily injury”, “property damage” or “personal and advertising injury” caused by “incidental medical malpractice” to the extent “scheduled underlying insurance” provides coverage for such injury or damage caused by “incidental medical malpractice”. Coverage under this policy for such liability will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance”, subject to the “policy period”, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy.
Provided, however, that coverage provided by this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
II. The following definition is added under Section V. DEFINITIONS:
“Incidental medical malpractice” means injury arising out of the rendering of or failure to render the following services:
1. Medical, surgical, dental, xͲray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or
2. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances.
III. The following exclusion is added to the policy and supersedes anything to the contrary:
The coverage provided by this Incidental Medical Malpractice endorsement does not apply to you or any “insured” if you are engaged in the business or occupation of providing any of the services described in the definition of “incidental medical malpractice”.
All other terms and conditions of this policy remain unchanged. Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|ULPͲUMͲ021Ͳ01/2014
ENDORSEMENT
This endorsement, effective 12:01 AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05 Issued to: Pilot Travel Centers LLC By: National Fire & Marine Insurance Company
MARINE LIABILITY LIMITATION ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
The following exclusion is added to the policy:
Marine Liability
(a) This insurance does not apply to any “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit” arising out of or associated with, directly or indirectly, any marine liability, including, but not limited to, the following:
x Charters Liability;
x Safe Berth Legal Liability;
x Towers Liability;
x Ship Repairers Legal Liability;
x Terminal Operations Liability
x Protection and Indemnity Liability;
x Ship Builders Liability;
x Stevedores Liability;
x Wharfingers Liability; or
x Merchant Marine Act of 1920 (Jones Act), U.S. Longshore and Harborworkers’ Compensation Act, or any other federal, state, or local law regarding marine liability, in whole or in part. (b) This exclusion, however, does not apply to the extent of any coverage provided for such “bodily injury” or “property damage” by “scheduled underlying insurance”, in which case coverage under this policy for such “bodily injury” or “property damage” will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, limits of insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader than the coverage provided by “scheduled underlying insurance”.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
(c) Notwithstanding the foregoing, this insurance shall not apply to:
(1) “Property damage” to any property in the “insured’s” care, custody or control; or (2) The cost or expense of, or incidental to, the removal of the wreck of any watercraft or vessel; even if such “property damage,” cost or expense is covered by “scheduled underlying insurance”.
All other terms and conditions of the policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUMͲ021Ͳ08/2017
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
EMPLOYEE BENEFITS LIABILITY LIMITATION
ENDORSEMENT (CLAIMS MADE)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
NOTICE
THIS ENDORSEMENT PROVIDES CLAIMSͲMADE COVERAGE.
PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY
I. The following exclusion is added to Section I. COVERAGES, Paragraph B.1 Exclusions Applicable to Policy:
Employee Benefits Liability Exclusion
This insurance does not apply to any “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit” arising out of, directly or indirectly, any of the following:
(1) Any violation of any of the duties, obligations or responsibilities imposed upon fiduciaries by “ERISA” or any similar law with respect to workers’ compensation, unemployment insurance, Social Security or any governmentͲmandated disability benefits; or
(2) Any act, error or omission committed by or on behalf of the “insured” in the performance of one or more of the following administrative duties or activities:
(a) Providing information regarding a “plan”;
(b) Counseling employees with respect to a “plan”;
(c) Interpreting a “plan”;
(d) Handling records in connection with a “plan”;
(e) Enrollment, continuation, termination or cancellation of employees under a “plan”; or (f) Any other duties or activities associated with sponsoring, handling or administering a “plan”.
This exclusion does not apply, however, to the extent coverage is provided for such sums that the “insured” becomes legally obligated to pay as damages because of an act, error or omission by “scheduled underlying insurance”, in which case coverage under this policy for such sums that the “insured” becomes legally obligated to pay as damages because Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
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Page 2|CLͲUMͲ021Ͳ08/2017
of an act, error or omission will follow the terms, definitions, conditions and exclusions of “scheduled underlying insurance” subject to the “policy period”, limits of insurance, premium and all other terms, definitions, conditions and exclusions of this policy; provided, however, that the coverage under this policy will be no broader that the coverage provided by “scheduled underlying insurance”.
Solely as respects any coverage provided pursuant to the foregoing exception to this exclusion, this policy will provide coverage for a claim made against the “insured” during the “policy period”:
(i) If the insurance provided by “scheduled underlying insurance” provides coverage for an “occurrence” on or after the specified Retroactive Date, if any, for a claim for damages because of employee benefits liability first made in writing against any “insured” in accordance with Paragraph (ii) below during the “policy period” or any such Extended Reporting Period we provide; and
(ii) A claim by any person or organization seeking damages will be deemed to have been made at the earlier of the following times:
a) When notice of such claim is received and recorded by any “insured” in writing and reported to us during the “policy period” or any applicable Extended Reporting Period; or b) When we make settlement in accordance with Paragraph (i) above.
Notwithstanding the foregoing, this insurance shall not apply to:
1. Any claim or “suit” alleging or arising out of an “occurrence” committed on or after the Retroactive Date, if any, set forth in the “scheduled underlying insurance” if the “insured”, an officer, manager in the risk management, insurance or legal department, or an employee who was authorized to give or receive notice of an “occurrence”, knew as of 09/01/2019 that such “occurrence” could result in a claim;
2. Any claim or “suit” pending as of 09/01/2019, or alleging, arising out of or relating to any fact, circumstance, situation or “occurrence” alleged in such claim or “suit”.
II. Section V. DEFINITIONS is amended to include the following additional definitions:
“ERISA” means Employee Retirement Income Security Act of 1974, including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985, any amendment or revisions to either act, and any similar common law, statutes, regulations and other laws to which a “plan” is subject, including those of the United States, Canada, and any such state, province or jurisdiction.
“Plan” means any plan, fund or program established anywhere in the world, regardless of whether it is subject to regulation under Title 1 of “ERISA” or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986, as amended, provided that it is a benefits program providing any of the following:
(1) Group life insurance, group accident or health insurance, dental, vision and hearing plans, and flexible spending accounts, provided that no one other than an “employee” and their family members, legal dependents, spouses and domestic partners, may subscribe to such benefits and such benefits are generally available to those “employees” who satisfy the plan’s eligibility requirements; (2) Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an “employee” may subscribe to such benefits and such benefits are made generally available to all “employees: who are eligible under the plan for such benefits; (3) Unemployment insurance, social security benefits, workers’ compensation and disability benefits; (4) Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family, and civil leave; tuition assistance plans; transportation and health club subsidies.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ071Ͳ05/2016
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY POLICY
PRODUCTS/COMPLETED OPERATIONS LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY INSURANCE POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
The following exclusions are added to the policy:
Aircraft Products and Services
This policy does not apply to “bodily injury”, “property damage”, “personal and advertising injury”, or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit” included within the “productsͲcompleted operations hazard”, in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to:
1. Any ground support or control equipment or any part thereof or used therewith, all whether manufactured by the “insured” or anyone else;
2. Any goods, products, parts, or materials manufactured, sold, handled or distributed by the “insured”, or any services provided or recommended by the “insured” or by others trading under the “insured's” name, used by the “insured” or others in the manufacture, repair, or operation of any aircraft or part thereof, whether such aircraft or part is manufactured by the “insured” or anyone else; or
3. Any articles furnished by the “insured”, its predecessors, or by others trading under the “insured's” name, and installed by the “insured” or others in any aircraft or part thereof or used in connection with any aircraft or part thereof or for spare parts for any aircraft or part thereof, including, but not limited to, ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering or other advice, or service relating to any aircraft or part thereof, whether manufactured by the “insured” or anyone else, and any labor relating to such articles, aircraft or part thereof; or
4. Services performed by or on behalf of the “named insured”, including materials, parts or equipment in connection with such services.
Grounding Liability
This policy does not apply to “bodily injury”, “property damage”, “personal and advertising injury”, or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to liability for the withdrawal or grounding of any aircraft from flight operations for any reason or the imposition of speed, passenger or load restriction on any aircraft for any reason, whether or not such withdrawal or grounding was ordered by a governmental agency.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 2|CLͲUNͲ071Ͳ05/2016
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ196Ͳ05/2016
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
AVIATION LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY
SCHEDULE
Coverage Selection: Retained Limit: Aviation Limits of
Insurance:
Scheduled Aircraft:
Applicable *
Scheduled Aircraft
Retained Limit:
$250,000,000
Each Aviation Occurrence Limit:
Designated NonͲowned Aircraft: $5,000,000
Applicable *
Designated NonͲ
Owned Aircraft
Retained Limit: $0
Designated Unmanned Aircraft:
Applicable *
Designated
Unmanned Aircraft
Retained Limit: $0
(*If nothing appears in the applicability box, then no coverage is available for the specific aircraft type.) Scheduled Aircraft:
Make and Model: Year Built: Seats for
Crew:
Seats for
Passengers:
FAA Certificate*:
Dassault Falcon 50EX 1998 2 10 N865PC
Dassault Falcon 50EX 2000 2 10 N715CB
Learjet 45XR 2009 2 9 N81FJ
Learjet 45XR 2011 2 9 N681P
Dassault Falcon 2000EX 2014 2 10 N498DC
Beechcraft King Air 350i 2020 2 9 220KF
*(Or, as applicable, list the Certificate as issued by the FAA’s Duly Constituted Equivalent of the applicable Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 2|CLͲUNͲ196Ͳ05/2016
Country)
The following changes are made to the policy:
I. Exclusion e. Aircraft of Paragraph B. Exclusions 1. Exclusions Applicable to Policy under I.
COVERAGES is deleted and replaced with the following:
This policy does not provide coverage for “bodily injury”, “property damage” or “personal and advertising injury” arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operated by or rented or loaned to any “insured”. Use includes operation and “loading and unloading”.
This exclusion applies even if the claims against any “insured” allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that “insured”, if the “occurrence” which caused the “bodily injury” or “property damage” or the offense that caused the “personal and advertising injury” involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any “insured”.
However, this exclusion does not apply to “bodily injury” or “property damage” caused by “endorsed aircraft”.
II. The follow exclusions are added to Paragraph B. Exclusions 1. Exclusions Applicable to Policy under I. Coverages:
i. Property Damage to Aircraft
This policy does not apply to “property damage” to:
a) “Endorsed aircraft”;
b) Any other aircraft that is not scheduled under this policy but which is owned in whole or in part by or registered in the name of any “insured”; or
c) Any other aircraft rented by, loaned to, hired by, borrowed by, used by, or in the care, custody or control of any “insured”.
ii. Noise
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to:
a) Noise, whether or not it is audible to the human ear or vibration, including sonic boom or similar phenomena caused by the movement or operation of aircraft; or b) Any interference with the quiet enjoyment of property of others caused by noise resulting from the operation of an aircraft or any of its parts.
iii. Products and Services
This policy does not apply to “bodily injury” or “property damage”, included within the “productsͲ completed operations hazard”, in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to:
a) Any ground support or control equipment or any part thereof or used therewith, all whether manufactured by the “insured” or anyone else;
b) Any goods, products, parts, or materials manufactured, sold, handled or distributed by the “insured”, or any services provided or recommended by the “insured” or by others trading under the “insured's” name, used by the “insured” or others in the manufacture, repair, or operation of any aircraft or part thereof, whether such aircraft or part is manufactured by the “insured” or anyone else; or
c) Any articles furnished by the “insured”, its predecessors, or by others trading under the “insured's” name, and installed by the “insured” or others in any aircraft or part thereof or used in connection with any aircraft or part thereof or for spare parts for any aircraft or part thereof, including, but not limited to, ground handling tools and equipment, training aids, Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
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instructions, manuals, blueprints, engineering or other advice, or service relating to any aircraft or part thereof, whether manufactured by the “insured” or anyone else, and any labor relating to such articles, aircraft or part thereof; or d) Services performed by or on behalf of the “named insured”, including materials, parts or equipment in connection with such services.
This exclusion does not apply to:
1. “Scheduled aircraft”; and
2. The notͲforͲprofit service of food and beverages on board a “scheduled aircraft” or “designated nonͲowned aircraft”.
iv. Air Traffic Control
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to air traffic control operations on the ground or in the air.
v. Pilot
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to the piloting of “endorsed aircraft” by a pilot not properly certificated, qualified and rated under the current applicable Federal Aviation Regulations (including, as applicable the duly constituted equivalent regulations of another country) for the operation involved.
vi. Grounding Liability
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to “grounding liability”. vii. Airworthiness
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to the use or operation of “endorsed aircraft” that:
a) Does not have an Airworthiness Certificate in full force and effect; However, this exclusion does not apply to use or operation where special permit or waiver has been granted by the “Federal Aviation Administration” for such use or operation and such use or operation is for the sole purpose of reinstatement of or renewal of the Airworthiness Certificate; or
b) Has not been subjected to appropriate airworthiness inspection(s) as required under current applicable Federal Aviation Regulations for the operation involved. viii. NonͲBusiness Use
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to any use, including any related or incidental operations or activities, of any “endorsed aircraft” for purposes that do not relate to the conduct of your business.
ix. Spacecraft, Satellites and Missiles
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to the ownership, maintenance, use or entrustment to others of any spacecraft, satellite or missile, including any machinery or equipment incidental to the use of such spacecraft or satellite.Use includes “loading and unloading.”
This exclusion applies even if the claims against any “insured” allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
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“insured”, if the “occurrence” which caused the “bodily injury” or “property damage” involved the ownership, maintenance, use or entrustment to others of any spacecraft, satellite or missile. x. Common Carriers
This policy does not apply to “bodily injury” or “property damage” in whole or in part arising out of, directly or indirectly resulting from, or in any other way related to any “insured’s” use of an aircraft owned or operated by a “common carrier”.
III. The following is added to III. LIMITS OF INSURANCE Aviation Liability Limits of Insurance
Subject to the General Aggregate Limit stated in Item 3. of the Declarations, the Each Aviation Occurrence Limit stated in the Schedule of the Aviation Liability endorsement is the most we will pay for the sum of all damages because of “bodily injury” and “property damage” resulting from any one “occurrence” arising out of the ownership, maintenance or use of “endorsed aircraft”.
The Each Aviation Occurrence Limit is not in addition to and shall erode the General Aggregate Limit of the policy.Any payment made under the Aviation Liability endorsement shall reduce the General Aggregate Limit.
Aviation Retained Limits
We will not make any payment under the Aviation Liability endorsement unless and until the total applicable “aviation retained limit” has been satisfied and exhausted by the payment of damages to which the Aviation Liability endorsement and this policy apply.
The “aviation retained limit” applies on an each “occurrence” basis.
If an “occurrence” involves more than one type of “endorsed aircraft”, then only the highest applicable “aviation retained limit” amount shall apply with respect to that “occurrence”. IV. Definition 22. “Retained limit” under V. DEFINITIONS is deleted and replaced with the following:
22.“Retained limit” means:
a. The amount that is shown in the attached SCHEDULE OF RETAINED LIMITS.“Defense expenses are not included within and do not erode the “retained limit”; or b. With respect to coverage provided pursuant to the exception to Exclusion e. Aircraft, the amount that is shown as the applicable “aviation retained limit” in the Aviation Liability endorsement.“Defense expenses are not included within and do not erode the “aviation retained limit”.
V. The following definitions are added to V. DEFINITIONS:
i. “Aviation retained limit” means:
a) The “scheduled aircraft retained limit”;
b) The “designated nonͲowned aircraft retained limit”; and c) The “designated unmanned aircraft retained limit”.
ii. “Common carrier” means any carrier that holds itself out to the public, or to a segment of the public, as willing to furnish air transportation to or for persons or property within the limits of its facilities to any person who wants it.
iii. “Crew member” means the pilotͲinͲcommand, coͲpilot, flight engineer, flight attendant and any other person who is in, on or boarding the aircraft for the purposes of assisting in the operation of the aircraft or alighting therefrom after a “flight”. iv. “Designated nonͲowned aircraft” means any aircraft not owned in whole or in part by or registered in the name of the “insured” that is used by or on behalf of any other “insured” and includes engines, propellers, operating and navigating instruments and radio equipment attached Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
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to or usually attached to or carried on the aircraft, including component parts detached and tools therein, which are standard for the make and type of aircraft.However, “designated nonͲowned aircraft” does not include:
a) “Scheduled aircraft”;
b) Aircraft owned in whole or in part by or registered in the name of any “insured”; or c) Aircraft having a combined “crew member” and “passenger” seating capacity in excess of 69 seats.
v. “Designated nonͲowned aircraft aviation retained limit” means the retention amount applicable to “designated nonͲowned aircraft” as shown in the Schedule of the Aviation Liability endorsement.
vi. “Designated unmanned aircraft” means an aircraft that is not designed, manufactured or modified after manufacture to be controlled directly by a person from within or on the aircraft. vii. “Designated unmanned aircraft retained limit” means the retention amount applicable to “designated unmanned aircraft” as shown in the Schedule of the Aviation Liability endorsement. viii. “Endorsed aircraft” means:
a) “Scheduled aircraft”;
b) “Designated nonͲowned aircraft”; or
c) “Designated unmanned aircraft.
Whether “endorsed aircraft” includes viii.a), viii.b), viii.c). or a combination thereof shall be determined by the coverage selection made in the Schedule of the Aviation Liability endorsement.
ix. “Federal Aviation Administration” means the duly constituted authority of the United States of America having jurisdiction over civil aviation or, where applicable, its duly constituted equivalent in any other country.
x. “Flight” means the time commencing with the actual takeoff run of the aircraft and continuing until it has completed its landing, or if the aircraft is a rotorcraft, from the time the rotors start to revolve under power for the purpose of flight until they subsequently cease to revolve. xi. “Grounding liability” means liability for the withdrawal or grounding of any aircraft from flight operations for any reason or the imposition of speed, passenger or load restriction on any aircraft for any reason, whether or not such withdrawal or grounding was ordered by a governmental agency.
xii. “Passenger” means any person other than a “crew member” in, on or boarding an aircraft for the purpose of riding or flying therein or alighting therefrom after a “flight”. xiii. “Scheduled aircraft” means those aircraft listed in the Schedule of the Aviation Liability endorsement and includes engines, propellers, operating and navigating instruments and radio equipment attached to or usually attached to or carried on the aircraft, including component parts detached and tools therein, which are standard for the make and type of “scheduled aircraft”.
xiv. “Scheduled aircraft aviation retained limit” means the retention amount applicable to “scheduled aircraft” as shown in the Schedule of the Aviation Liability endorsement.
All other terms and conditions of this policy remain unchanged.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D
Page 1|CLͲUNͲ200Ͳ01/2019
ENDORSEMENT
This endorsement, effective 12:01AM: 09/01/2023
Forms a part of Policy No.: 42ͲUMOͲ308583Ͳ05
Issued to: Pilot Travel Centers LLC
By: National Fire & Marine Insurance Company
EXCLUSION – TRUCK BROKERS AND FREIGHT FORWARDERS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL UMBRELLA LIABILITY POLICY
COMMERCIAL RETAINED LIMIT LIABILITY POLICY
FOLLOW FORM EXCESS LIABILITY POLICY
I. This policy does not apply to any “bodily injury”, “property damage”, “personal and advertising injury” or any other loss, cost, defense fee, expense, injury, damage, claim, dispute or “suit” in whole or in part arising out of, directly or indirectly resulting from, or in any way related to any insured’s activities, whether ongoing or completed, as a:
“Truck broker”; and/or
“Freight forwarder”.
This exclusion only applies to the operations selected above.
II. Solely with respect to the application of this endorsement, the following definitions are added to the policy:
“Freight forwarder” means any person or organization acting as an intermediary between a shipper and one or more transportation services, including, but not limited to, rail, truck or ship, and who facilitates, organizes, or combination thereof the movement of a shipper’s shipment from a point of origin to a destination. “Truck broker” means a person who or organization that arranges or offers to arrange for the transportation of property by a motor carrier.
All other terms and conditions of the policy remain the same.
Doc ID: abd80dff2ddd8d3e5b0f3581293efb210e65c41f
Docusign Envelope ID: ACEB90D2-B03D-4984-9443-63D91F73B81D