Pacific Grove City Council
November 5, 2025

Professional Services Agreement 07.19.2022
requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives City notice of such court order or subpoena.
b. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing City of such Discovery.

City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. c. If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.

18. DISCRIMINATION
CONSULTANT agrees that in the performance of this Agreement, neither CONSULTANT nor any person acting on CONSULTANT’s behalf shall discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:









 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
To City: Matt Mogensen, City Manager
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
Attention: City Clerk
To CONSULTANT: Andi Stanley, Business Manager

MRG, LLC
8788 Elk Grove Blvd., Suite L
Elk Grove, CA 95624

Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to service by email.

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of CITY. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the Services described in this Agreement. CONSULTANT may use assistants, under their direct supervision, to perform some of the Services under this Agreement.

CONSULTANT shall provide City fourteen (14) days’ notice prior to the departure of Rick Otto and/or Cathy Capriola from CONSULTANT’s employ. Should Rick Otto and/or Cathy Capriola leave CONSULTANT’s employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between City and the CONSULTANT. Before retaining or contracting with any subconsultant for any Services under this Agreement, CONSULTANT shall provide City with the identity of the proposed sub-consultant, a copy of the proposed written contract between CONSULTANT and such sub-consultant, which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.








 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022

22. LICENSES
At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. CONSULTANT shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions.

23. GOVERNING LAW
City and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or federal district court with jurisdiction over City.

CONSULTANT agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

24. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No amendment shall be valid unless in writing, executed by both parties.

25. DISPUTE RESOLUTION; ATTORNEY’S FEES
CONSULTANT shall continue to perform under this Agreement during any dispute.

CONSULTANT and City hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

26. WORK SCHEDULED/TIME OF COMPLETION
City and CONSULTANT agree that time is of the essence in this Agreement.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder.

28. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONSULTANT
By:

Mary Egan, CEO

Date:

By: ___________________________ By: ____________________________ Matt Mogensen, City Manager Fred Marsh, Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney








 








 
PGCC 11-5-2025

Professional Services Agreement 07.19.2022

EXHIBIT A & B
Consultant Proposal Containing Detailed Scope of Work and Payment Schedule









 






PGCC 11-5-2025

WŽƐƚKĨĨŝĐĞŽdžϱϲϭtŝůƚŽŶ͕ĂůŝĨŽƌŶŝĂϵϱϲϵϯϴϲϲͲϳϳϰͲϯϮϮϮǁǁǁ͘^ŽůƵƚŝŽŶƐͲDZ'͘ĐŽŵ KĐƚŽďĞƌϮϯ͕ϮϬϮϰ
DĂƚƚŚĞǁDŽŐĞŶƐĞŶ
ŝƚLJDĂŶĂŐĞƌ
ŝƚLJŽĨWĂĐŝĨŝĐ'ƌŽǀĞ
ϯϬϬ&ŽƌĞƐƚǀĞŶƵĞ
WĂĐŝĨŝĐ'ƌŽǀĞ͕ϵϯϵϱϬ
ĞĂƌDƌ͘DŽŐĞŶƐĞŶ͗
DƵŶŝĐŝƉĂůZĞƐŽƵƌĐĞ'ƌŽƵƉ>>;DZ'ͿŝƐƉůĞĂƐĞĚƚŽƐƵďŵŝƚƚŚŝƐƉƌŽƉŽƐĂůƚŽƚŚĞŝƚLJŽĨWĂĐŝĨŝĐ 'ƌŽǀĞƚŽƉƌŽǀŝĚĞĂŝƚLJͲǁŝĚĞKƌŐĂŶŝnjĂƚŝŽŶĂůŝĂŐŶŽƐƚŝĐĂŶĚĂŶKƌŐĂŶŝnjĂƚŝŽŶĂůĂŶĚ^ƚĂĨĨŝŶŐ ƐƐĞƐƐŵĞŶƚŽĨƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚ͘DZ'ŽŶƐƵůƚĂŶƚZŝĐŬKƚƚŽŚĂƐƉƌĞƉĂƌĞĚĂƐĐŽƉĞ ŽĨǁŽƌŬĨŽƌLJŽƵƌƌĞǀŝĞǁ͘
DZ'ŚĂƐďƵŝůƚŽƵƌƉƌĂĐƚŝĐĞĂƌŽƵŶĚĂƐƐŝƐƚŝŶŐĐůŝĞŶƚƐŝŶŝĚĞŶƚŝĨLJŝŶŐĐŽƌĞŝƐƐƵĞƐŝŵƉĂĐƚŝŶŐ ƉĞƌĨŽƌŵĂŶĐĞĂŶĚŽƌŐĂŶŝnjĂƚŝŽŶĂůŚĞĂůƚŚĂŶĚĚĞǀĞůŽƉŝŶŐĞĨĨĞĐƚŝǀĞƐƚƌĂƚĞŐŝĞƐĨŽƌƌĞŵŽǀŝŶŐƚŚĞƐĞ ďĂƌƌŝĞƌƐ͘tĞĐŽŶƐŝĚĞƌƚŚĞƐĞĞŶŐĂŐĞŵĞŶƚƐĂŶŽƉƉŽƌƚƵŶŝƚLJƚŽǁŽƌŬǁŝƚŚƐƚĂĨĨƚŽŚĞůƉƚŚĞŵŐƌŽǁ ĂŶĚĚĞǀĞůŽƉ͕ĂƐǁĞůůĂƐƉƌŽǀŝĚĞƐƚĂĨĨǁŝƚŚƉƌĂĐƚŝĐĂůƚŽŽůƐƚŽĐŽŶƚŝŶƵĞďƵŝůĚŝŶŐŚĞĂůƚŚLJĂŶĚ ĞĨĨĞĐƚŝǀĞǁŽƌŬŝŶŐƌĞůĂƚŝŽŶƐŚŝƉƐ͘tĞĂƌĞ͞ŶŽƐƵƌƉƌŝƐĞƐ͟ĐŽŶƐƵůƚĂŶƚƐ͕ĂŶĚǁĞǁŽƌŬǁŝƚŚ ůĞĂĚĞƌƐŚŝƉƚŽĚĞĨŝŶĞĂƉĂƚŚĨŽƌƌĞĚĞƐŝŐŶĂŶĚƚŽĂĐŚŝĞǀĞĚĞƐŝƌĞĚƌĞĂůŝƐƚŝĐŽƵƚĐŽŵĞƐ͘ KƵƚƚĞĂŵŚĂƐƉƌŽǀŝĚĞĚƐŝŵŝůĂƌĂƐƐĞƐƐŵĞŶƚƐĞƌǀŝĐĞƐƚŽĐůŝĞŶƚĂŐĞŶĐŝĞƐŝŶĐůƵĚŝŶŐƚŚĞĐŝƚŝĞƐŽĨ ůĂLJƚŽŶ͕KƌŝŶĚĂ͕ƵĞŶĂWĂƌŬ͕ĂŶĚƵƉĞƌƚŝŶŽ͘
^ŝŶĐĞƌĞůLJ͕
DĂƌLJ
ŐĂŶ͕
K
DZ'͕>>
ϵϭϲͲϮϲϭͲϳϱϰϳ
ĞŐĂŶΛƐŽůƵƚŝŽŶƐͲŵƌŐ͘ĐŽŵ








 






PGCC 11-5-2025

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

$VVXUHG3DUWQHUV 'HVLJQ 3URIHVVLRQDOV ,QVXUDQFH 6HUYLFHV //& 
 0W 'LDEOR %OYG 6XLWH 
/DID\HWWH &$


6KDQQRQ &DPSRV


&HUWV'HVLJQ3UR#$VVXUHG3DUWQHUVFRP
/LFHQVH
 6HQWLQHO ,QVXUDQFH &RPSDQ\ 
081,5(6 8QGHUZULWHUV DW /OR\G
V /RQGRQ 
0XQLFLSDO 5HVRXUFH *URXS //&
05*

32 %2; 
:LOWRQ &$


+DUWIRUG &DVXDOW\ ,QVXUDQFH &RPSDQ\ 

$W%D\ 6SHFLDOW\ ,QVXUDQFH &RPSDQ\ 



$ ; 
; 
; &RQWUDFWXDO /LDE 
,QFOXGHG 

;
< < 6%$8=  

$ 
; ;
< < 6%$8=  
& < :(&$%/   ;



%
'
3URIHVVLRQDO /LDELOLW\
&\EHU /LDELOLW\
03/
$%




3HU &ODLP
$JJUHJDWH /LPLW
3HU &ODLP


$JJ /PW
,QVXUHG RZQV QR FRPSDQ\ YHKLFOHV
WKHUHIRUH KLUHGQRQRZQHG DXWR LV WKH PD[LPXP FRYHUDJH WKDW DSSOLHV 3URIHVVLRQDO VHUYLFHV LQFOXGHV 0DQDJHPHQW FRQVXOWLQJ DQG VWUDWHJLF SODQQLQJ VHUYLFHV DQG ZRUNSODFH LQYHVWLJDWLRQV $Q ,QVXUHG H[WHQGV WR D QDWXUDO SHUVRQ SHUIRUPLQJ VHUYLFHV RU GXWLHV ZLWKLQ WKH VFRSH RI WKHLU ZULWWHQ DJUHHPHQW ZLWK DQ ,QVXUHG (QWLW\ DQG IRU ZKRP WKH ,QVXUHG (QWLW\ LV OHJDOO\ OLDEOH EXW RQO\ ZKLOH DFWLQJ ZLWKLQ WKH VFRSH RI VXFK SHUVRQ¶V GXWLHV SHUIRUPHG RQ EHKDOI RI WKH ,QVXUHG (QWLW\
5(
$OO 2SHUDWLRQV RI WKH 1DPHG ,QVXUHG
&LW\ RI 3DFLILF *URYH DQG LWV RIILFHUV HPSOR\HHV DJHQWV DQG YROXQWHHUV DUH QDPHG DV DQ DGGLWLRQDO LQVXUHG DV UHVSHFWV JHQHUDO OLDELOLW\ DQG DXWR OLDELOLW\ DV UHTXLUHG SHU ZULWWHQ FRQWUDFW *HQHUDO /LDELOLW\ LV 3ULPDU\1RQ&RQWULEXWRU\ SHU SROLF\ IRUP ZRUGLQJ ,QVXUDQFH FRYHUDJH LQFOXGHV ZDLYHU RI VXEURJDWLRQ SHU WKH

DWWDFKHG HQGRUVHPHQW
V

6HH $WWDFKHG
 'D\ 1RWLFH RI &DQFHOODWLRQ
&LW\ RI 3DFLILF *URYH
 )RUHVW $YHQXH
3DFLILF *URYH &$










 






PGCC 11-5-2025

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:
081,5(6
 
$VVXUHG3DUWQHUV 'HVLJQ 3URIHVVLRQDOV ,QVXUDQFH 6HUYLFHV //& 0XQLFLSDO 5HVRXUFH *URXS //& 05*

32 %2; 
:LOWRQ &$


 &(57,),&$7( 2) /,$%,/,7< ,1685$1&(
6(9(5$%,/,7< 2) ,17(5(676
6HSDUDWLRQ RI ,QVXUHGV  ([FHSW ZLWK UHVSHFW WR WKH /LPLWV RI ,QVXUDQFH DQG DQ\ ULJKWV RU GXWLHV VSHFLILFDOO\ DVVLJQHG LQ WKLV &RYHUDJH 3DUW WR WKH ILUVW 1DPHG ,QVXUHG WKLV LQVXUDQFH DSSOLHV

D $V LI HDFK 1DPHG ,QVXUHG ZHUH WKH RQO\ 1DPHG ,QVXUHG DQG
E 6HSDUDWHO\ WR HDFK LQVXUHG DJDLQVW ZKRP FODLP LV PDGH RU VXLW LV EURXJKW 







 






PGCC 11-5-2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 38 09 09 Page 1 of 3
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission)

HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non-owned auto".

B. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto".

2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers’ compensation benefits
or to liability assumed by the "insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragraph a. above 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 the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) 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 a
covered "auto"; and
3ROLF\
6%$8=








 






PGCC 11-5-2025

(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee’s" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured’s" care, custody or control.

C. With respect to "hired auto" and "non-owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:

The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don’t own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "nonowned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.

D. With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:

1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.

However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer’s "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.

2. TWO OR MORE COVERAGE FORMS OR

POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),








 






PGCC 11-5-2025

Form SS 04 38 09 09 Page 3 of 3
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.








 






PGCC 11-5-2025

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy 15

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15

3. Financial Responsibility Laws 16

4. Legal Action Against Us 16

5. Separation Of Insureds 16

6. Representations 16

7. Other Insurance 16

8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
6%$8=








 






PGCC 11-5-2025

ABCDEFGHIJ

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section . - Who Is An Insured. C Other words and phrases that appear in quotation marks have special meaning. Refer to Section . - Liability And G Medical Expenses Definitions.

A. COVERAGES (a) The "bodily injury" or "property
damage" is caused by an 1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the INJURY, PROPERTY DAMAGE, PERSONAL "coverage territory"; AND ADVERTISING INJURY) (b) The "bodily injury" or "property Insuring Agreement damage" occurs during the policy a. We will pay those sums that the insured period; and
becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph of Section 1. "property damage" or "personal and C. – Who Is An Insured and no advertising injury" to which this insurance "employee" authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been D. known prior to the policy period. limited as described in Section - Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your business, but only if the offense was (2) Our right and duty to defend ends when we have used up the applicable limit of committed in the "coverage territory" during the policy period. insurance in the payment of judgments, settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any insured listed under Paragraph of Section 1. perform acts or services is covered unless explicitly provided for under Coverage C. – Who Is An Insured or any "employee" Extension - Supplementary Payments. authorized by you to give or receive notice of an "occurrence" or claim: b. This insurance applies: (1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property injury" or "property damage" to us or damage" only if: any other insurer; Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(2) b. Receives a written or verbal demand or We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of insurance. We will pay reasonable expenses for: (3) Becomes aware by any other means that "bodily injury" or "property damage" has First aid administered at the time of an (1) occurred or has begun to occur. accident;
d. (2) Damages because of "bodily injury" include Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services.
(1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an (1) All expenses we incur. "occurrence", but only if:
(2) Up to $1,000 for the cost of bail bonds (a) The physician, dentist, nurse, required because of accidents or traffic emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehicle to which Business Liability provide such services; and Coverage for "bodily injury" applies. We (b) You are not engaged in the do not have to furnish these bonds. business or occupation of providing (3) The cost of appeal bonds or bonds to such services. release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or (4) All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence". "suit", including actual loss of earnings 2. MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work.
a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit".
accident: (6) Prejudgment interest awarded against
(1) On premises you own or rent; the insured on that part of the judgment we pay. If we make an offer to pay the (2) On ways next to premises you own or applicable limit of insurance, we will not rent; or
pay any prejudgment interest based on (3) Because of your operations; that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under through (1) (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by
physicians of our choice as often as we
reasonably require.









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred by the indemnitee at our request will be (1) The "suit" against the indemnitee paid as Supplementary Payments. seeks damages for which the insured has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph of Section – 1.b.(b) B. that is an "insured contract"; Exclusions, such payments will not be deemed to be damages for "bodily (2) This insurance applies to such liability injury" and "property damage" and will assumed by the insured; not reduce the Limits of Insurance. (3) The obligation to defend, or the cost of Our obligation to defend an insured's the defense of, that indemnitee, has indemnitee and to pay for attorneys' fees also been assumed by the insured in and necessary litigation expenses as the same "insured contract"; Supplementary Payments ends when: (4) The allegations in the "suit" and the (1) We have used up the applicable limit information we know about the of insurance in the payment of "occurrence" are such that no conflict judgments or settlements; or appears to exist between the interests of the insured and the interest of the The conditions set forth above, or the (2) indemnitee; terms of the agreement described in
Paragraph above, are no longer met. (6) (5) The indemnitee and the insured ask us to conduct and control the defense B. EXCLUSIONS
of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to:
and the indemnitee; and a. Expected Or Intended Injury
(6) The indemnitee: (1) "Bodily injury" or "property damage" expected or intended from the (a) Agrees in writing to:
standpoint of the insured. This (i) Cooperate with us in the exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the "suit"; from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury".
indemnitee; and b. Contractual Liability
(iv) Cooperate with us with (1) "Bodily injury" or "property damage"; or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay damages by reason of the assumption of (b) Provides us with written authorization to: liability in a contract or agreement.

This exclusion does not apply to liability (i) Obtain records and other for damages because of: information related to the
"suit"; and (a) "Bodily injury", "property damage" or
"personal and advertising injury" that (ii) Conduct and control the defense of the indemnitee in the insured would have in the such "suit". absence of the contract or
agreement; or
Form SS 00 08 04 05 Page 3 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(b) (b) "Bodily injury" or "property damage" Performing duties related to the assumed in a contract or agreement conduct of the insured’s business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of above. (1)
subsequent to the execution of the This exclusion applies: contract or agreement. Solely for (1) Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract", reasonable and attorneys' fees and necessary
litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract".
the cost of, that party’s defense f. Pollution
has also been assumed in the
(1) "Bodily injury", "property damage" or same "insured contract", and "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in which (a) At or from any premises, site or damages to which this location which is or was at any insurance applies are alleged. time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to:
reason of: (i) "Bodily injury" if sustained within
(1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from equipment that is used to heat, a person under the legal drinking age or cool or dehumidify the building, under the influence of alcohol; or or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that
e. Employer’s Liability premises, site or location and
such premises, site or location "Bodily injury" to: is not and never was owned or (1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or
"hostile fire"; subcontractor;
(b) (ii) At or from any premises, site or "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection
with operations being performed (c) Which are or were at any time by you or on your behalf by a transported, handled, stored, contractor or subcontractor; or treated, disposed of, or processed as waste by or for: "Bodily injury" or "property (iii)
damage" arising out of heat, (i) Any insured; or smoke or fumes from a (ii) Any person or organization for "hostile fire"; or whom you may be legally (e) At or from any premises, site or responsible; location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured’s behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations (2) Any loss, cost or expense arising out by such insured, contractor or of any: subcontractor. However, this subparagraph does not apply to: Request, demand, order or statutory (a) or regulatory requirement that any (i) "Bodily injury" or "property insured or others test for, monitor, damage" arising out of the clean up, remove, contain, treat, escape of fuels, lubricants or detoxify or neutralize, or in any way other operating fluids which are respond to, or assess the effects of, needed to perform the normal "pollutants"; or electrical, hydraulic or mechanical functions Claim or suit by or on behalf of a (b) necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or while in practice or preparation for, a "Bodily injury" or "property damage" arising prearranged racing, speed or out of the ownership, maintenance, use or demolition contest or in any stunting entrustment to others of any aircraft, "auto" activity. or watercraft owned or operated by or rented or loaned to any insured. Use includes i. War
operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of:
other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military force, by that insured, if the "occurrence" which including action in hindering or caused the "bodily injury" or "property defending against an actual or damage" involved the ownership, expected attack, by any government, maintenance, use or entrustment to others of sovereign or other authority using any aircraft, "auto" or watercraft that is military personnel or other agents; or owned or operated by or rented or loaned to any insured. (3) Insurrection, rebellion, revolution,
usurped power, or action taken by This exclusion does not apply to: governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render any professional service. This includes for a charge;
but is not limited to: (3) Parking an "auto" on, or on the ways next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services;
rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications;
(5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or of the definition of "mobile f.(3) nursing services treatment, advice or equipment"; or instruction;
(6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement, hair injury" or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. (7) Optical or hearing aid services h. Mobile Equipment including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar
(1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or
rented or loaned to any insured; or









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services Paragraphs , and of this (1) (3) (4) including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit of Insurance applies to Damage To (9) Any: Premises Rented To You as described in (a) Body piercing (not including ear Section - Limits Of Insurance. D. piercing); Paragraph of this exclusion does not (2) (b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs and of this exclusion do (3) (4) (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs , , and of this (3) (4) (5) (6)
(11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs and of this exclusion do (3) (4) Paragraphs and of this exclusion do (4) (5) not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site.

Paragraph in Section - Coverages. 1.e. A. Paragraph of this exclusion does not (6) k. Damage To Property apply to "property damage" included in the "products-completed operations hazard". "Property damage" to:
l. Damage To Your Product (1) Property you own, rent or occupy, including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, "Property damage" to "your work" arising restoration or maintenance of such out of it or any part of it and included in the property for any reason, including "products-completed operations hazard". prevention of injury to a person or damage to another's property; This exclusion does not apply if the damaged work or the work out of which (2) Premises you sell, give away or the damage arises was performed on your abandon, if the "property damage" arises behalf by a subcontractor. out of any part of those premises; n. Damage To Impaired Property Or (3) Property loaned to you; Property Not Physically Injured (4) Personal property in the care, custody "Property damage" to "impaired property" or control of the insured; or property that has not been physically (5) That particular part of real property on injured, arising out of: which you or any contractors or (1) A defect, deficiency, inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing or "your work"; or operations, if the "property damage" arises out of those operations; or (2) A delay or failure by you or anyone acting on your behalf to perform a (6) That particular part of any property contract or agreement in accordance that must be restored, repaired or with its terms. replaced because "your work" was incorrectly performed on it. 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.

Form SS 00 08 04 05 Page 7 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by
Damages claimed for any loss, cost or an insured whose business is:
expense incurred by you or others for the Advertising, broadcasting, (a) loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access,
(2) "Your work"; or content or service provider.
(3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs , and a. b. c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section – G. because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions.
condition in it. For the purposes of this exclusion,
p. Personal And Advertising Injury placing an "advertisement" for or linking to others on your web site, by "Personal and advertising injury": itself, is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the insured with (9) Arising out of an electronic chat room knowledge of its falsity; or bulletin board the insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another’s "advertising idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (12) Arising out of: (6) Arising out of the wrong description of (a) An "advertisement" for others on the price of goods, products or services; your web site; (7) Arising out of any violation of any (b) Placing a link to a web site of intellectual property rights such as others on your web site; copyright, patent, trademark, trade name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes
However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or
"advertisement", of (d) Computer code, software or
programming used to enable: (a) Copyright;
(i) Your web site; or (b) Slogan, unless the slogan is also a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site;









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(13) (a) Arising out of a violation of any anti- May be awarded or incurred by trust law; reason of any claim or suit
alleging actual or threatened injury (14) Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks, bonds or other persons or property which would securities; or not have occurred in whole or in (15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the (b) Arise out of any request, demand, direction of any "executive officer", order or statutory or regulatory director, stockholder, partner or member of the insured. requirement that any insured or
others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, monitoring, cleaning up, removing, "Bodily injury" or "personal and advertising encapsulating, containing, treating, injury" to:
detoxifying or neutralizing or in any (1) A person arising out of any: way responding to or assessing the (a) Refusal to employ that person; effects of an "asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern Eemployment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information
coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate:
(2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law; or described in Paragraphs , , or (a) (b) (c) above is directed. (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act This exclusion applies: of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You –
(2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion
pay damages because of the injury. Exclusions through and through do c. h. k. o. s. Asbestos not apply to damage by fire, lightning or
(1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance applies to this coverage as described in (2) Any damages, judgments, settlements, Section - Liability And Medical Expenses D. loss, costs or expenses that: Limits Of Insurance.

Form SS 00 08 04 05 Page 9 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured 2. Each of the following is also an insured: To any insured, except "volunteer workers". a. Employees And Volunteer Workers b. Hired Person
Your "volunteer workers" only while To a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured. your business, or your "employees", other c. Injury On Normally Occupied Premises than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by
you or while performing duties related to To a person, whether or not an the conduct of your business. "employee" of any insured, if benefits for However, none of these "employees" or the "bodily injury" are payable or must be provided under a workers' compensation "volunteer workers" are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury":

To a person injured while practicing, (a) To you, to your partners or members (if you are a partnership instructing or participating in any physical exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability
company), or to a co-"employee" f. Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other "volunteer workers" while Excluded under Business Liability Coverage. performing duties related to the C. WHO IS AN INSURED conduct of your business;

1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- "employee" or that "volunteer insureds, but only with respect to the conduct of a business of which you are the worker" as a consequence of Paragraph above; (1)(a) sole owner.
b. A partnership or joint venture, you are an (c) For which there is any obligation to share damages with or repay insured. Your members, your partners, and someone else who must pay their spouses are also insureds, but only with damages because of the injury respect to the conduct of your business. described in Paragraphs or (1)(a) c. A limited liability company, you are an (b) above; or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care services, Paragraph does not apply (d) joint venture or limited liability company, you are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by you to provide such services. to their duties as your officers or directors.

Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(b) b. Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such equipment along a public highway with your c. Temporary Custodians Of Your permission. Any other person or organization Property responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to: (2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance.

5. Operator of Nonowned Watercraft e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of more than 50% of the voting stock on the insured while operating such watercraft with your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, b. "Property damage" to property owned by, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs through below are additional a. f. or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a Any failure to make such (e) permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional (f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. – Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors
damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs or ; or (d) (f) "property damage" included within the "products-completed operations hazard". Such inspections, adjustments, (ii) tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions:
course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(1) Any person or organization from (b) Any express warranty whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or Political With respect to the insurance afforded to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but With respect to the insurance afforded (2) only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b) Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through . above, but only with e behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole In the performance of your (a) or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to This Coverage Part provides (ii) "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence Limit Supervisory, inspection,
architectural or engineering Subject to or above, whichever 2.a. 2.b activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section – Limits "property damage" and medical expenses D.

Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in the Declarations. insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses in Section – Liability And Medical Expenses because of "bodily injury" sustained by any E.

General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to above, the most we will pay for 2.b. company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations.

The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations" owned by or rented to you. b. The Limits of Insurance shown in the Declarations. "Location" means premises involving the
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this Immediately send us copies of any (1) policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph above. 3. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance.

No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other

1. Bankruptcy than for first aid, without our consent.

Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered

2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs and apply to you or to a. b. (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity.

Form SS 00 08 04 05 Page 15 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
This Paragraph applies separately to We have issued this policy in reliance f. (3) you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
This insurance is excess over any of the into a "suit" asking for damages from an other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability

5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion of g. a claim is made or "suit" is brought. Section – Coverages. A.

6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion of Section – k. A. (2) Those statements are based upon Coverages. representations you made to us; and









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages The total amount that all such other (1) arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in applicable limit of insurance to the total c. below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs and do not apply to apply to Medical Expenses Coverage. (a) (b) other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section is C.
amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these Grantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you. Paragraph (Additional Insureds When Required 6. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section , Who Is An Insured, does not apply C. Equipment to the person or organization shown in the a. C. WHO IS AN INSURED under Section is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured – Lessor of Leased Equipment,

1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
and advertising injury" caused, in whole or WHO IS AN INSURED under Section is C. in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such the person(s) or organization(s) shown in the person(s) or organization(s). Declarations, but only with respect to liability for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. 5. Additional Insured - Owners Or Other In the performance of your ongoing operations; or Interests From Whom Land Has Been
Leased b. In connection with your premises owned
by or rented to you. a. C. WHO IS AN INSURED under Section is amended to include as an additional 2. Additional Insured - Managers Or Lessors insured the person(s) or organization(s) Of Premises shown in the Declarations as an Additional
a. C. WHO IS AN INSURED under Section is Insured – Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place after you cease to lease that land; or This insurance does not apply to:
(2) Structural alterations, new (1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision – Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section is C. amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
Insured – State Or Political Subdivision - Any failure to make such (e) Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of business, in connection with the b. With respect to the insurance afforded to distribution or sale of the products; these additional insureds, the following additional exclusions apply: (f) Demonstration, installation, servicing or repair operations, This insurance does not apply to: except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any

7. Additional Insured – Vendors other thing or substance by or for a. C. WHO IS AN INSURED under Section is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs or ; or (d) (f) provides coverage for "bodily injury" or (ii) Such inspections, "property damage" included within the adjustments, tests or servicing "products-completed operations hazard". as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with the distribution or sale of the (a) "Bodily injury" or "property products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured – Controlling Interest unauthorized by you; WHO IS AN INSURED under Section is C. (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured –
Controlling Interest, but only with respect to (d) Repackaging, unless unpacked their liability arising out of: solely for the purpose of inspection, demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container;
Form SS 00 08 04 05 Page 19 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section – Limits Of D. operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance

9. Additional Insured – Owners, Lessees Or is available to an additional insured is described in Contractors – Scheduled Person Or the Other Insurance Condition in Section – E.

Organization Liability And Medical Expenses General
a. C. WHO IS AN INSURED under Section is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional

1. "Advertisement" means the widespread public Insured – Owner, Lessees Or Contractors, but only with respect to liability for "bodily dissemination of information or images that has the purpose of inducing the sale of goods, injury", "property damage" or "personal and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or b. The Internet, but only that part of a web (2) In connection with "your work" site that is about goods, products or performed for that additional insured services for the purposes of inducing the and included within the "products- sale of goods, products or services; or completed operations hazard", but only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or

2. "Advertising idea" means any idea for an the failure to render, any professional architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include "mobile equipment". 10. Additional Insured – Co-Owner Of Insured Premises 5. "Bodily injury" means physical:

WHO IS AN INSURED under Section is C. a. Injury;
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured – CoOwner Of Insured Premises, but only with sustained by a person and, if arising out of the above, mental anguish or death at any time. respect to their liability as co-owner of the premises shown in the Declarations. 6. "Coverage territory" means:









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
a. b. The United States of America (including its You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in above; a. b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means:
(1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in above; a.

However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in . a person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication – Liability and Medical Expenses Limits D. of Insurance. provided the insured's responsibility to pay damages is determined in the United States of A sidetrack agreement; b.

America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad;

7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property damage" to a third person or organization, 8. "Employee" includes a "leased worker". provided the "bodily injury" or "property "Employee" does not include a "temporary damage" is caused, in whole or in part, by worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph includes that part of any f.

10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or

11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. a. It incorporates "your product" or "your work" that is known or thought to be defective, However, Paragraph does not include f. deficient, inadequate or dangerous; or that part of any contract or agreement:

Form SS 00 08 04 05 Page 21 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(1) (1) That indemnifies an architect, Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. a. b. c. d. Vehicles not described in , , , or surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types:
or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render f. a. b. c. d. Vehicles not described in , , , or professional services, including those above maintained primarily for purposes listed in above and supervisory, (1) other than the transportation of persons or inspection, architectural or cargo. engineering activities.

However, self-propelled vehicles with the 13. "Leased worker" means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment" but agreement between you and the labor leasing will be considered "autos": firm, to perform duties related to the conduct of your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed primarily for: 14. "Loading or unloading" means the handling of property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning;
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto". well servicing equipment.

15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. b. Oral, written or electronic publication of Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of:
privacy; (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement"; or operated by you, and that condition g. was created by the "loading or Infringement of copyright, slogan, or title of any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials.

18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the

19. "Products-completed operations hazard"; physical injury that caused it; or a. b. Loss of use of tangible property that is not Includes all "bodily injury" and "property damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or "your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. "Suit" includes: (a) When all of the work called for in your contract has been completed. a. An arbitration proceeding in which such damages are claimed and to which the (b) When all of the work to be done at insured must submit or does submit with the job site has been completed if our consent; or your contract calls for work at more than one job site. b. Any other alternative dispute resolution proceeding in which such damages are (c) When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent. intended use by any person or organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions.

23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
b. (2) Donates his or her work; The providing of or failure to provide warnings or instructions. c. Acts at the direction of and within the scope of duties determined by you; and Does not include vending machines or c. d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work":

24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations.
(b) b. Others trading under your name; Includes:
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work"; and
(2) (2) Containers (other than vehicles), The providing of or failure to provide materials, parts or equipment warnings or instructions. 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









 






PGCC 11-5-2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
:(&$%/

0XQLFLSDO 5HVRXUFH *URXS //&
05*

32 %2; 
:LOWRQ &$











 






PGCC 11-5-2025

Ϯ
/EdZKh/E'DZ'
DZ'ǁĂƐĨŽƵŶĚĞĚŝŶϮϬϬϵďLJŚŝŐŚůLJƐŬŝůůĞĚĂŶĚďƌŽĂĚůLJĞdžƉĞƌŝĞŶĐĞĚƉƌŽĨĞƐƐŝŽŶĂůƐ͘DZ' ŚĂƐĂ ƚĞĂŵŽĨƉƌŽĨĞƐƐŝŽŶĂůƐǁŚŽǁŽƌŬƚŽĂĚĚƌĞƐƐĐŚĂůůĞŶŐĞƐĨŽƌďŽƚŚƉƵďůŝĐĂŶĚƉƌŝǀĂƚĞƐĞĐƚŽƌĐůŝĞŶƚƐ͘ KƵƌϳϬĐŽŶƐƵůƚĂŶƚƐŚĂǀĞĞdžƚĞŶƐŝǀĞĞdžƉĞƌŝĞŶĐĞŝŶĂůůĂƐƉĞĐƚƐŽĨKƌŐĂŶŝnjĂƚŝŽŶĂůƐƐĞƐƐŵĞŶƚΘ ĞǀĞůŽƉŵĞŶƚ͕,ƵŵĂŶZĞƐŽƵƌĐĞƐ͕ŝŶĐůƵĚŝŶŐƐƚĂĨĨŝŶŐĂŶĚĞĨĨĞĐƚŝǀĞŶĞƐƐĂŶĂůLJƐĞƐ͘KƵƌƚĞĂŵŝƐ ĞdžƉĞƌŝĞŶĐĞĚŝŶǁŽƌŬŝŶŐǁŝƚŚĞůĞĐƚĞĚŽĨĨŝĐŝĂůƐ͕ĂŐĞŶĐLJĞdžĞĐƵƚŝǀĞƐ͕ŵĂŶĂŐĞƌƐ͕ĂŶĚƐƚĂĨĨ͘ DƵŶŝĐŝƉĂůZĞƐŽƵƌĐĞ'ƌŽƵƉ͕>>ŝƐĂŶĞdžƉĞƌŝĞŶĐĞĚ͕ĨƵůůͲƐĞƌǀŝĐĞĐŽŶƐƵůƚŝŶŐĨŝƌŵĚĞĚŝĐĂƚĞĚƚŽ ĂƐƐŝƐƚŝŶŐƉƵďůŝĐƐĞĐƚŽƌ ĂŐĞŶĐŝĞƐŝŶĂƚƚĂŝŶŝŶŐƚŚĞŝƌƐƚƌĂƚĞŐŝĐŐŽĂůƐ͘DZ'͛ƐĐŽŶƐƵůƚŝŶŐǁŽƌŬĨŽĐƵƐĞƐ ŽŶƚŚĞĨŝǀĞƉƌĂĐƚŝĐĞĂƌĞĂƐůŝƐƚĞĚďĞůŽǁ͘
DZ'͛ƐŽŶƐƵůƚŝŶŐWŚŝůŽƐŽƉŚLJ
ƐĂĐŽŶƐƵůƚŝŶŐĨŝƌŵ͕DZ'ďƌŝŶŐƐƚĂůĞŶƚĞĚĐŽŶƐƵůƚĂŶƚƐƚŽĂƐƐŝŐŶŵĞŶƚƐƚŽŵĞĞƚĐůŝĞŶƚƐ͛ŶĞĞĚƐ͘ DZ'ĚŝĨĨĞƌĞŶƚŝĂƚĞƐŝƚƐǁŽƌŬďĂƐĞĚŽŶƚŚĞĨŽůůŽǁŝŶŐĨŽƵƌƉƌŝŶĐŝƉůĞƐ͘ dƌƵƐƚĞĚĚǀŝƐŽƌƐ
DZ'ƉƌŝĚĞƐŝƚƐĞůĨŽŶďƵŝůĚŝŶŐůŽŶŐͲƚĞƌŵƌĞůĂƚŝŽŶƐŚŝƉƐǁŝƚŚĐůŝĞŶƚƐ ǁŚŽƚƵƌŶƚŽDZ'ĨŽƌŐƵŝĚĂŶĐĞĂŶĚĞdžƉĞƌƚŝƐĞ͘tĞǁŽƌŬĂƐ͞ƚƌƵƐƚĞĚ ĂĚǀŝƐŽƌƐ͕͟ǁŽƌŬŝŶŐĚŝƌĞĐƚůLJǁŝƚŚƚŚĞůĞĂĚĞƌƐŚŝƉŽĨŽƌŐĂŶŝnjĂƚŝŽŶƐƚŽ ŚĞůƉƚŚĞŵŵĂŶĂŐĞƚŚĞŝƌĐŽŵƉůĞdžŽƌŐĂŶŝnjĂƚŝŽŶƐĂŶĚĂĚũƵƐƚƚŽ ĐŚĂŶŐĞƚŚĂƚŝƐĐŽŶƐƚĂŶƚůLJŬŶŽĐŬŝŶŐŽŶƚŚĞĚŽŽƌ͘
ŽŵŵŝƚŵĞŶƚƚŽWƵďůŝĐ^ĞƌǀŝĐĞ
tĞŚĂǀĞĂůƐŽĐŚŽƐĞŶƚŽĨŽĐƵƐŽƵƌǁŽƌŬŽŶůŽĐĂů͕ƌĞŐŝŽŶĂů͕ĂŶĚ ƐƚĂƚĞĂŐĞŶĐŝĞƐƚŚĂƚĚĞůŝǀĞƌƉƵďůŝĐƐĞƌǀŝĐĞƚŽĐŽŵŵƵŶŝƚŝĞƐ͘ tĞƵŶĚĞƌƐƚĂŶĚƚŚĂƚŽƵƌĐůŝĞŶƚΖƐǁŽƌŬŝƐŝŵƉŽƌƚĂŶƚĂŶĚ
ŝŵƉĂĐƚĨƵů͕ĂŶĚŽƵƌŐŽĂůŝƐƚŽŚĞůƉŽƌŐĂŶŝnjĂƚŝŽŶƐĚŽƚŚĂƚ ǁŽƌŬǁŝƚŚŵŽƌĞŐƌĂĐĞ͕ĞĨĨĞĐƚŝǀĞŶĞƐƐ͕ĂŶĚĞĨĨŝĐŝĞŶĐLJ͘
dƌƵƐƚĞĚĚǀŝƐŽƌ
ŽŵŵŝƚŵĞŶƚƚŽWƵďůŝĐ^ĞƌǀŝĐĞ
WĂƌƚŶĞƌƐŚŝƉĨŽƌ/ŵƉĂĐƚ
DĂŶĂŐĞŵĞŶƚWƌĂĐƚŝƚŝŽŶĞƌƐн
>ĞĂĚĞƌƐŚŝƉŽĂĐŚ
^ƚƌĂƚĞŐŝĐKƌŐĂŶŝnjĂƚŝŽŶĂů
ĞǀĞůŽƉŵĞŶƚ








 






PGCC 11-5-2025

ϯ
WĂƌƚŶĞƌƐŚŝƉĨŽƌ/ŵƉĂĐƚ
ƐƐĞĂƐŽŶĞĚĞdžĞĐƵƚŝǀĞůĞĂĚĞƌƐŽƵƌƐĞůǀĞƐ͕ǁĞŚĂǀĞŶŽŝŶƚĞƌĞƐƚŝŶǁƌŝƚŝŶŐƌĞƉŽƌƚƐƚŚĂƚƐŝƚŽŶ ƐŚĞůǀĞƐŽƌĂƌĞŶŽƚƌĞĂůŝƚLJͲďĂƐĞĚĨŽƌĂĐƚŝŽŶ͘DZ'ŶĞĞĚƐƚŽǁŽƌŬŝŶĂĐŽŶƐƵůƚĂƚŝǀĞƉĂƌƚŶĞƌƐŚŝƉ ĚŝƌĞĐƚůLJǁŝƚŚŵĂŶĂŐĞŵĞŶƚƚŽĞŶƐƵƌĞƚŚĂƚŽƌŐĂŶŝnjĂƚŝŽŶĂůŝŵƉĂĐƚŽĐĐƵƌƐ͘tĞƐĞĞŽƵƌƌŽůĞĂƐƚƌƵĞ ƉĂƌƚŶĞƌƐǁŝƚŚƚŚĞůĞĂĚĞƌƐŚŝƉƚĞĂŵ͕ǁŽƌŬŝŶŐƉƌŽĚƵĐƚŝǀĞůLJƚŽŚĞůƉLJŽƵĨŝŶĚƐŽůƵƚŝŽŶƐĨŽƌ ĂĐƚŝŽŶĂďůĞŝŵƉĂĐƚŝŶLJŽƵƌŽƌŐĂŶŝnjĂƚŝŽŶ͘
dĞĂŵŽĨDĂŶĂŐĞŵĞŶƚWƌĂĐƚŝƚŝŽŶĞƌƐн
džĞĐƵƚŝǀĞ>ĞĂĚĞƌƐŚŝƉŽĂĐŚ
dŽĚĂLJ͛ƐŽƌŐĂŶŝnjĂƚŝŽŶƐƌĞƋƵŝƌĞĂƌŽďƵƐƚƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƉĞŽƉůĞĂŶĚƚĞĂŵƐ͕ƉůƵƐƚĂůĞŶƚĞĚ ŵĂŶĂŐĞŵĞŶƚĂŶĚůĞĂĚĞƌƐŚŝƉ͘dŚĞŬĞLJƚŽĂŶŽƌŐĂŶŝnjĂƚŝŽŶ͛ƐƐƵĐĐĞƐƐŝƐƚŚĞŝŶƚĞŐƌĂƚŝŽŶŽĨĐŽŶƚƌŽů͕ ǁŚŝĐŚĐƌĞĂƚĞƐǀĂůƵĞ;ĞĨĨŝĐŝĞŶĐLJ͕ĞĨĨĞĐƚŝǀĞŶĞƐƐ͕ĞŵƉŽǁĞƌŵĞŶƚͿ͕ĂŶĚůĞĂĚĞƌƐŚŝƉ͕ǁŚŝĐŚŝŶƐƉŝƌĞƐ ĐŚĂŶŐĞĂŶĚĂĐŽůůĞĐƚŝǀĞǀŝƐŝŽŶ͘LJďƌŝŶŐŝŶŐĂĐŽŶƐƵůƚĂŶƚƚĞĂŵǁŝƚŚŵĂŶĂŐĞŵĞŶƚƉůƵƐůĞĂĚĞƌƐŚŝƉ ĐŽĂĐŚŝŶŐĞdžƉĞƌƚŝƐĞ͕DZ'ĐĂŶĚĞůŝǀĞƌƚŽŽůƐ͕ƉĞƌƐƉĞĐƚŝǀĞƐ͕ĂŶĚƉĂƌĂĚŝŐŵƐĨŽƌƚŚĞĐŽŶƚŝŶƵĞĚ ƐƵƉƉŽƌƚŽĨĂŶŽƌŐĂŶŝnjĂƚŝŽŶ͛ƐůĞĂĚĞƌƐŚŝƉƚĞĂŵ͘
^ƚƌĂƚĞŐŝĐKƌŐĂŶŝnjĂƚŝŽŶĂůĞǀĞůŽƉŵĞŶƚ
KƌŐĂŶŝnjĂƚŝŽŶƐĂƌĞĐŽŵƉůĞdž͕ŵƵůƚŝͲĨĂĐĞƚĞĚŽƌŐĂŶŝƐŵƐƚŚĂƚƚĂŬĞƚŝŵĞĂŶĚƐƚƌĂƚĞŐLJƚŽĚĞǀĞůŽƉĂŶĚ ƐŚĂƉĞ͘tŚŝůĞĞŵƉůŽLJĞĞƐĂƌĞĨŽĐƵƐĞĚŽŶĚĞůŝǀĞƌŝŶŐƐĞƌǀŝĐĞƐ͕ƚŚĞƌĞŝƐ͞ĐĂƌĞĂŶĚĨĞĞĚŝŶŐ͟ŽĨƚŚĞ ŽƌŐĂŶŝnjĂƚŝŽŶ͕ƐƚƌƵĐƚƵƌĞ͕ĂŶĚƐLJƐƚĞŵƐƚŚĂƚŶĞĞĚƚŽďĞĚŽŶĞƚŽƐƵƉƉŽƌƚƚŚĞǁŽƌŬĨŽƌĐĞ͕ŵŽůĚ ĐƵůƚƵƌĞ͕ĂŶĚĚĞůŝǀĞƌƐĞƌǀŝĐĞƐͬŵŝƐƐŝŽŶ͘DZ'ďƌŝŶŐƐĚĞĞƉŽƌŐĂŶŝnjĂƚŝŽŶĂůĚĞǀĞůŽƉŵĞŶƚĂŶĚŚƵŵĂŶ ƌĞƐŽƵƌĐĞƐĞdžƉĞƌŝĞŶĐĞƚŽŚĞůƉŽƌŐĂŶŝnjĂƚŝŽŶƐŝŶǀĞƐƚŝŶƚŚĞŝƌŽƉĞƌĂƚŝŽŶƐΖƐƚƌĂƚĞŐŝĐ͕ŚĂŶĚƐͲŽŶ ĚĞǀĞůŽƉŵĞŶƚ͘
^KW
K&tKZ<
ŝƚLJŽĨWĂĐŝĨŝĐ'ƌŽǀĞ
ŝƚLJͲǁŝĚĞKƌŐĂŶŝnjĂƚŝŽŶĂůŝĂŐŶŽƐƚŝĐĂŶĚ
KƌŐĂŶŝnjĂƚŝŽŶĂůĂŶĚ^ƚĂĨĨŝŶŐƐƐĞƐƐŵĞŶƚŽĨƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚ dŚĞŝƚLJŽĨWĂĐŝĮĐ'ƌŽǀĞŝƐŝŶƚĞƌĞƐƚĞĚŝŶŚŝƌŝŶŐĂĮƌŵƚŽĐŽŶĚƵĐƚĂĐŽŵƉƌĞŚĞŶƐŝǀĞŝƚLJͲǁŝĚĞ ŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚ͘/ƚŝƐƵŶĚĞƌƐƚŽŽĚƚŚĂƚƚŚŝƐĞīŽƌƚĐŽƵůĚďĞĂŵƵůƟͲ LJĞĂƌƉƌŽũĞĐƚĚƵĞƚŽĐŽƐƚ͕ƟŵĞĐŽŶƐƚƌĂŝŶƚƐ͕ĂŶĚŝŵƉĂĐƚƚŽƚŚĞŽƌŐĂŶŝnjĂƟŽŶ͘ƐƐƵĐŚ͕ƚŚĞŝƚLJŚĂƐ ƌĞƋƵĞƐƚĞĚDZ'ƚŽƉƌŽǀŝĚĞĂƉƌŽƉŽƐĂůƚŽĐŽŶĚƵĐƚĂŶŝŶŝƟĂůĐŝƚLJͲǁŝĚĞŽƌŐĂŶŝnjĂƟŽŶĂůĚŝĂŐŶŽƐƟĐ ĨŽůůŽǁĞĚďLJĂĚĞĞƉĞƌŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚŽĨƚŚĞWƵďůŝĐtŽƌŬƐ ĞƉĂƌƚŵĞŶƚ͘dŚĞƐĞƚǁŽĞīŽƌƚƐǁŽƵůĚďĞWŚĂƐĞϭĂŶĚWŚĂƐĞϮŽĨĂŵƵůƟͲƉŚĂƐĞĂƉƉƌŽĂĐŚƚŽ ĂƐƐĞƐƐŝŶŐƚŚĞĞŶƟƌĞŽƌŐĂŶŝnjĂƟŽŶ͘dŚĞƉƌŝŵĂƌLJƉƵƌƉŽƐĞŽĨƚŚĞŝŶŝƚŝĂůĐŝƚLJͲǁŝĚĞŽƌŐĂŶŝnjĂƚŝŽŶĂů ĚŝĂŐŶŽƐƚŝĐŝƐƚŽŝĚĞŶƚŝĨLJŐĂƉƐŝŶƐĞƌǀŝĐĞĂŶĚŽƉĞƌĂƚŝŽŶĂůĐŚĂůůĞŶŐĞƐĂƚƚŚĞĚĞƉĂƌƚŵĞŶƚůĞǀĞůƐŽ ƚŚĂƚĨƵƚƵƌĞŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚƐĨŽƌĞĂĐŚŝƚLJĚĞƉĂƌƚŵĞŶƚĐĂŶďĞ ƉƌŝŽƌŝƟnjĞĚ͘dŚĞŝƚLJƉƌŝŽƌŝƟnjĞĚƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚĂƐƚŚĞĮƌƐƚĚĞƉĂƌƚŵĞŶƚƚŽƵŶĚĞƌŐŽ ƚŚĞŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚ͘
dŚĞƉƵƌƉŽƐĞŽĨƚŚĞŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚĨŽƌƚŚĞWƵďůŝĐtŽƌŬƐ ĞƉĂƌƚŵĞŶƚŝƐƚŽƉƌŽǀŝĚĞƚŚĞŝƚLJǁŝƚŚĂƐŶĂƉƐŚŽƚŽĨŽďƐĞƌǀĂƚŝŽŶƐĂŶĚƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ 







 






PGCC 11-5-2025

ϰ
ƌĞŐĂƌĚŝŶŐƚŚĞĚĞƉĂƌƚŵĞŶƚƐƚĂĨĨŝŶŐŶĞĞĚƐ͕ŽƌŐĂŶŝnjĂƚŝŽŶĂůƐƚƌƵĐƚƵƌĞ͕ƌĞƐŽƵƌĐĞĂůůŽĐĂƚŝŽŶƐ͕ĂŶĚ ƐĞƌǀŝĐĞĚĞůŝǀĞƌLJŵŽĚĞůƐ͘dŚĞƉƌŝŵĂƌLJŽďũĞĐƟǀĞƐŽĨƚŚĞĂƐƐĞƐƐŵĞŶƚŝŶĐůƵĚĞ͗ x
džĂŵŝŶĞĂŶĚĞdžƉůŽƌĞƚŚĞŽƌŐĂŶŝnjĂƟŽŶĂů͕ĨƵŶĐƟŽŶĂů͕ĂŶĚĐƵůƚƵƌĂůŝƐƐƵĞƐƚŽĂƐƐĞƐƐ ĚĞƉĂƌƚŵĞŶƚĐƵůƚƵƌĞ͕ůĞǀĞůƐŽĨĞŵƉůŽLJĞĞĞŶŐĂŐĞŵĞŶƚ͕ƚĞĂŵĞīĞĐƟǀĞŶĞƐƐ͕ƌŽůĞͬŐŽĂů ĐůĂƌŝƚLJ͕ĂŶĚƐŬŝůůƐĞƚƐͬĐŽŵƉĞƚĞŶĐŝĞƐ͘
x ŽŶĚƵĐƚĂ&ƵŶĐƟŽŶĂůƐƐĞƐƐŵĞŶƚ͕ĚĞƐŝŐŶĞĚƚŽĚĞƚĞƌŵŝŶĞƚŚĞĐĂƉĂďŝůŝƚLJͬĐŽŵƉĞƚĞŶĐĞŽĨ ƚŚĞĨƵŶĐƟŽŶ;ƐͿǁŝƚŚŝŶƚŚĞĚĞƉĂƌƚŵĞŶƚĂŶĚƚŽĞŶƐƵƌĞĂůŝŐŶŵĞŶƚǁŝƚŚďĞƐƚƉƌĂĐƟĐĞƐ͘ x
ǀĂůƵĂƚĞŽƌŐĂŶŝnjĂƟŽŶĂůƐƚƌƵĐƚƵƌĞ͕ƐƚĂĸŶŐůĞǀĞůƐ͕ƉŽƐŝƟŽŶƐ͕ĨƵŶĐƟŽŶƐ͕ĂŶĚĐŽŶƚƌĂĐƚĞĚ ƐĞƌǀŝĐĞƐŝŶƌĞůĂƟŽŶƚŽƚŚĞǁŽƌŬůŽĂĚ͕ĂŶĚƉƌŽŐƌĂŵĞĸĐŝĞŶĐLJĂŶĚĞīĞĐƟǀĞŶĞƐƐ͘ x
ǀĂůƵĂƚĞƐĞƌǀŝĐĞĚĞůŝǀĞƌLJŵĞƚŚŽĚƐĂŶĚŽƵƚĐŽŵĞƐ͕ĂŶĚƚŚĞƉŽůŝĐŝĞƐ͕ůĞŐŝƐůĂƟǀĞ ƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂŶĚŽƚŚĞƌŝŶŇƵĞŶĐĞƐƚŚĂƚŝŵƉĂĐƚĚĞƉĂƌƚŵĞŶƚĂůŽƉĞƌĂƟŽŶƐ͘ tKZ<W>E
DZ'ŚĂƐĚĞǀĞůŽƉĞĚƚŚĞĨŽůůŽǁŝŶŐǁŽƌŬƉůĂŶĨŽƌƚŚĞƉƌŽũĞĐƚƚŽŵĞĞƚƚŚĞŝƚLJ͛ƐŶĞĞĚƐ͘dŚĞƐĐŽƉĞ ŽĨǁŽƌŬŝƐĚĞƉĞŶĚĞŶƚƵƉŽŶƚŚĞŶĞĞĚƐŽĨƚŚĞŽƌŐĂŶŝnjĂƚŝŽŶĂŶĚŵĂLJďĞŵŽĚŝĨŝĞĚĂƐŶĞĞĚĞĚ ĚƵƌŝŶŐƚŚĞŝŶŝƚŝĂůǀŝĚĞŽĐŽŶĨĞƌĞŶĐĞ͗
W,^
ϭʹKƌŐĂŶŝnjĂƚŝŽŶĂůŝĂŐŶŽƐƚŝĐ
ϭ͘ WƌŽũĞĐƚ/ŶŝƚŝĂƚŝŽŶͬ>ĂƵŶĐŚ͗
x /ŶŝƚŝĂůǀŝĚĞŽĐŽŶĨĞƌĞŶĐĞǁŝƚŚŵĂũŽƌƐƚĂŬĞŚŽůĚĞƌƐŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽŝƚLJ DĂŶĂŐĞƌĂŶĚ,ƵŵĂŶZĞƐŽƵƌĐĞƐŝƌĞĐƚŽƌ͘
x ZĞǀŝĞǁƉƌŽũĞĐƚŽƵƚĐŽŵĞƐ͕ƉƌŽĐĞƐƐƚŝŵŝŶŐ͕ĞdžƉĞĐƚĂƚŝŽŶƐ͕ĚĞĨŝŶĞŝŶƚĞƌǀŝĞǁƐƵďũĞĐƚƐ͕ ĂŶĚƐĞƚŝŶŝƚŝĂůƚŝŵĞůŝŶĞ͘
x ZĞƋƵĞƐƚ͕ŽďƚĂŝŶĂŶĚƌĞǀŝĞǁŶƵŵĞƌŽƵƐĚŽĐƵŵĞŶƚƐŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽƚŚĞ ĚĞƉĂƌƚŵĞŶƚŽƌŐĂŶŝnjĂƚŝŽŶĂůĐŚĂƌƚƐ͕ŽƌŐĂŶŝnjĂƚŝŽŶĂůĂĐĐŽŵƉůŝƐŚŵĞŶƚƐ͕ŚŝƐƚŽƌŝĐĂů ďƵĚŐĞƚĂƌLJĂŶĚƐƚĂĨĨŝŶŐůĞǀĞůĚĂƚĂ͕ĐŽŵŵƵŶŝƚLJƐƵƌǀĞLJƐ͕ĂŶĚĂŶLJŽƚŚĞƌƌĞůĞǀĂŶƚ ƌĞƉŽƌƚƐĂŶĚĚŽĐƵŵĞŶƚƐ͘KďƚĂŝŶĂŶĞĐĚŽƚĂůƉĞƌƐƉĞĐƚŝǀĞƐŽŶŝƐƐƵĞƐĂŶĚĐŽŶĐĞƌŶƐƚŚĂƚ ĚƌŝǀĞƚŚŝƐƌĞƋƵĞƐƚ͘
x ŽŶĚƵĐƚĂŬŝĐŬͲŽĨĨŵĞĞƚŝŶŐǁŝƚŚƚŚĞĚĞƉĂƌƚŵĞŶƚŚĞĂĚƐŝŶƚƌŽĚƵĐŝŶŐƚŚĞƉƌŽũĞĐƚĂŶĚ ĚŝƐĐƵƐƐŝŶŐƚŚĞŝƌƌŽůĞ͘
Ϯ͘ ŽŶĚƵĐƚ^ƚĂĨĨ/ŶƚĞƌǀŝĞǁƐĂŶĚZĞǀŝĞǁWƌŽĐĞƐƐ
x ĞǀĞůŽƉŝŶƚĞƌǀŝĞǁĨŽƌŵĂƚĂŶĚƋƵĞƐƚŝŽŶƐ͘
x ŽŶĚƵĐƚŽŶĞͲŚŽƵƌŝŶƚĞƌǀŝĞǁƐǀŝĂŽŶͲƐŝƚĞĂŶĚͬŽƌǀŝĚĞŽĐŽŶĨĞƌĞŶĐŝŶŐǁŝƚŚĚĞƉĂƌƚŵĞŶƚ ŚĞĂĚƐĂŶĚŽƚŚĞƌŬĞLJƐƚĂĨĨŵĞŵďĞƌƐŝŶƚŚĞŝƚLJ͘
x ŶƚŝĐŝƉĂƚĞĐŽŶĚƵĐƚŝŶŐĂƉƉƌŽdžŝŵĂƚĞůLJϭϭŝŶƚĞƌǀŝĞǁƐ͘
x ŽŵƉŝůĞĂŶĚĂŶĂůLJnjĞŝŶƚĞƌǀŝĞǁĚĂƚĂĂŶĚŝŶĨŽƌŵĂƚŝŽŶ͘
ϯ͘ WƌĞƉĂƌĞ/ŶŝƚŝĂů&ŝŶĚŝŶŐƐͬZĞĐŽŵŵĞŶĚĂƚŝŽŶƐ
x ŽŵƉŝůĞĚĂƚĂ͕ƉĞƌĨŽƌŵĂŶĂůLJƐŝƐ͕ƉƌĞƉĂƌĞŬĞLJŝŶŝƚŝĂůĨŝŶĚŝŶŐƐƐƵŵŵĂƌŝĞƐ͕ĂŶĚĚĞǀĞůŽƉ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͘








 






PGCC 11-5-2025

ϱ
ϰ͘ ŽŶĚƵĐƚDŝĚͲWƌŽũĞĐƚhƉĚĂƚĞDĞĞƚŝŶŐǁŝƚŚƚŚĞŝƚLJDĂŶĂŐĞƌĂŶĚ,ƵŵĂŶZĞƐŽƵƌĐĞƐ ŝƌĞĐƚŽƌ͘
x ZĞǀŝĞǁŝŶŝƚŝĂůĨŝŶĚŝŶŐƐͬƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐͬďĞƐƚƉƌĂĐƚŝĐĞƐ͕ĐŽŶĚƵĐƚĂĚĚŝƚŝŽŶĂůƌĞƐĞĂƌĐŚ ĂŶĚŽƵƚƌĞĂĐŚĂƐŶĞĞĚĞĚ͘
ϱ͘ WƌĞƉĂƌĞĨŝŶĂůZĞƉŽƌƚĨŽƌZĞǀŝĞǁ
x ŽŵƉŝůĞZĞƉŽƌƚ͕ƌĞǀŝĞǁǁŝƚŚŝƚLJDĂŶĂŐĞƌ͕ƌĞǀŝƐĞĂƐŶĞĐĞƐƐĂƌLJ͕ƉƌĞƉĂƌĞĨŝŶĂůZĞƉŽƌƚ͕ ĂŶĚĚĞůŝǀĞƌƚŽŝƚLJ͘
x dŚĞZĞƉŽƌƚǁŝůůŝŶĐůƵĚĞŚŝŐŚͲůĞǀĞůŽďƐĞƌǀĂƚŝŽŶƐ͕ƉƌĞůŝŵŝŶĂƌLJĨŝŶĚŝŶŐƐ͕ĂŶĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͘
W,^
ϮʹKƌŐĂŶŝnjĂƟŽŶĂůĂŶĚ^ƚĂĸŶŐ>ĞǀĞůƐƐĞƐƐŵĞŶƚĨŽƌƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚ ϲ͘ WŚĂƐĞϮ>ĂƵŶĐŚ͗
x /ŶŝƚŝĂůǀŝĚĞŽĐŽŶĨĞƌĞŶĐĞǁŝƚŚŵĂũŽƌƐƚĂŬĞŚŽůĚĞƌŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽŝƚLJ DĂŶĂŐĞƌĂŶĚWƵďůŝĐtŽƌŬƐŝƌĞĐƚŽƌ͘
x ZĞǀŝĞǁƉƌŽũĞĐƚŽƵƚĐŽŵĞƐ͕ƉƌŽĐĞƐƐƚŝŵŝŶŐ͕ĞdžƉĞĐƚĂƚŝŽŶƐ͕ĚĞĨŝŶĞŝŶƚĞƌǀŝĞǁƐƵďũĞĐƚƐ͕ ĂŶĚƐĞƚŝŶŝƚŝĂůƚŝŵĞůŝŶĞ͘
x ZĞƋƵĞƐƚ͕ŽďƚĂŝŶĂŶĚƌĞǀŝĞǁŶƵŵĞƌŽƵƐĚŽĐƵŵĞŶƚƐŝŶĐůƵĚŝŶŐďƵƚŶŽƚůŝŵŝƚĞĚƚŽƚŚĞ ĚĞƉĂƌƚŵĞŶƚŽƌŐĂŶŝnjĂƚŝŽŶĂůĐŚĂƌƚƐ͕ũŽďĐůĂƐƐŝŶĨŽƌŵĂƚŝŽŶ͕ĚĞƉĂƌƚŵĞŶƚŐŽĂůƐĂŶĚ ŽďũĞĐƚŝǀĞƐ͕ŽƌŐĂŶŝnjĂƚŝŽŶĂůĂĐĐŽŵƉůŝƐŚŵĞŶƚƐ͕ĚĞƉĂƌƚŵĞŶƚƉƌŽũĞĐƚƐĂŶĚƉƌŽŐƌĂŵƐ͕ ŚŝƐƚŽƌŝĐĂůǁŽƌŬůŽĂĚĚĂƚĂ͕ŚŝƐƚŽƌŝĐĂůďƵĚŐĞƚĂƌLJĂŶĚƐƚĂĨĨŝŶŐůĞǀĞůĚĂƚĂ͕ĐŽŵŵƵŶŝƚLJ ƐƵƌǀĞLJƐ͕ĂŶĚĂŶLJŽƚŚĞƌƌĞůĞǀĂŶƚƌĞƉŽƌƚƐĂŶĚĚŽĐƵŵĞŶƚƐ͘KďƚĂŝŶĂŶĞĐĚŽƚĂů ƉĞƌƐƉĞĐƚŝǀĞƐŽŶŝƐƐƵĞƐĂŶĚĐŽŶĐĞƌŶƐƚŚĂƚĚƌŝǀĞƚŚŝƐƌĞƋƵĞƐƚ͘ ϳ͘ ŽŶĚƵĐƚ^ƚĂĨĨ/ŶƚĞƌǀŝĞǁƐĂŶĚZĞǀŝĞǁWƌŽĐĞƐƐ
x ĞǀĞůŽƉŝŶƚĞƌǀŝĞǁĨŽƌŵĂƚĂŶĚƋƵĞƐƚŝŽŶƐ͘
x ŽŶĚƵĐƚŽŶĞͲŚŽƵƌŝŶƚĞƌǀŝĞǁƐǀŝĂŽŶͲƐŝƚĞĂŶĚͬŽƌǀŝĚĞŽĐŽŶĨĞƌĞŶĐŝŶŐǁŝƚŚWƵďůŝĐ tŽƌŬƐĞƉĂƌƚŵĞŶƚƐƚĂĨĨ͘
x ŶƚŝĐŝƉĂƚĞĐŽŶĚƵĐƚŝŶŐĂƉƉƌŽdžŝŵĂƚĞůLJϭϮŝŶƚĞƌǀŝĞǁƐ͘
x ŽŵƉŝůĞĂŶĚĂŶĂůLJnjĞŝŶƚĞƌǀŝĞǁĚĂƚĂĂŶĚŝŶĨŽƌŵĂƚŝŽŶ͘
ϴ͘ ŽŶĚƵĐƚĞŶĐŚŵĂƌŬŝŶŐǁŝƚŚŽŵƉĂƌĂďůĞŝƚŝĞƐ
x ŽŶĚƵĐƚĂĐŽŵƉĂƌŝƐŽŶĂŶĂůLJƐŝƐŽĨƵƉƚŽĨŝǀĞ;ϱͿĐŝƚŝĞƐƚŚĂƚǁŝůůďĞŵƵƚƵĂůůLJĂŐƌĞĞĚ ƵƉŽŶďLJƚŚĞŝƚLJĂŶĚDZ'͘
ϵ͘ WƌĞƉĂƌĞ/ŶŝƚŝĂů&ŝŶĚŝŶŐƐͬZĞĐŽŵŵĞŶĚĂƚŝŽŶƐ
x ŽŵƉŝůĞĚĂƚĂ͕ƉĞƌĨŽƌŵĂŶĂůLJƐŝƐ͕ƉƌĞƉĂƌĞŬĞLJŝŶŝƚŝĂůĨŝŶĚŝŶŐƐƐƵŵŵĂƌŝĞƐ͕ĂŶĚĚĞǀĞůŽƉ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͘
ϭϬ͘ ŽŶĚƵĐƚDŝĚͲWƌŽũĞĐƚhƉĚĂƚĞDĞĞƚŝŶŐǁŝƚŚƚŚĞŝƚLJDĂŶĂŐĞƌĂŶĚƐƐŝƐƚĂŶƚŝƚLJ DĂŶĂŐĞƌƐ͘








 






PGCC 11-5-2025

ϲ
x ZĞǀŝĞǁŝŶŝƚŝĂůĨŝŶĚŝŶŐƐͬƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐͬďĞƐƚƉƌĂĐƚŝĐĞƐ͕ĐŽŶĚƵĐƚĂĚĚŝƚŝŽŶĂůƌĞƐĞĂƌĐŚ ĂŶĚŽƵƚƌĞĂĐŚĂƐŶĞĞĚĞĚ͘
ϭϭ͘ WƌĞƉĂƌĞĨŝŶĂůZĞƉŽƌƚĂŶĚ^ƵŵŵĂƌLJ>ĞǀĞůƌĂĨƚWŽǁĞƌWŽŝŶƚWƌĞƐĞŶƚĂƚŝŽŶĨŽƌZĞǀŝĞǁ x ŽŵƉŝůĞZĞƉŽƌƚĂŶĚͬŽƌWŽǁĞƌWŽŝŶƚWƌĞƐĞŶƚĂƚŝŽŶ͕ƌĞǀŝĞǁǁŝƚŚŝƚLJDĂŶĂŐĞƌĂŶĚ ƐƐŝƐƚĂŶƚŝƚLJDĂŶĂŐĞƌƐ͕ƌĞǀŝƐĞĂƐŶĞĐĞƐƐĂƌLJ͕ƉƌĞƉĂƌĞĨŝŶĂůZĞƉŽƌƚĂŶĚͬŽƌ WŽǁĞƌWŽŝŶƚ͕ĂŶĚĚĞůŝǀĞƌƚŽŝƚLJ͘
x dŚĞZĞƉŽƌƚǁŝůůŝŶĐůƵĚĞŽďƐĞƌǀĂƚŝŽŶƐ͕ƉƌĞůŝŵŝŶĂƌLJĨŝŶĚŝŶŐƐ͕ĂŶĚƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͘ dŚĞƌĞƉŽƌƚǁŝůůĂůƐŽŝĚĞŶƚŝĨLJĂŶLJŝƐƐƵĞƐŽƵƚƐŝĚĞƚŚĞŝĚĞŶƚŝĨŝĞĚƐĐŽƉĞŽĨǁŽƌŬƚŚĂƚŵĂLJ ŝŵƉĂĐƚƚŚĞŽĨĨŝĐĞĂŶĚƌĞƋƵŝƌĞĨƵƌƚŚĞƌĂŶĂůLJƐŝƐŽƌĂĐƚŝŽŶƐŽŶƚŚĞƉĂƌƚŽĨƚŚĞŝƚLJ͘dŚĞ ĚƌĂĨƚƌĞƉŽƌƚ͕ǁŚŝĐŚǁŝůůŝŶĐůƵĚĞĂƐƵŵŵĂƌLJĂŶĚĚĞƐĐƌŝƉƚŝŽŶŽĨƐƚƵĚLJŵĞƚŚŽĚŽůŽŐLJ͘ WZK:
d&

^
DZ'ƉƌŽƉŽƐĞƐĂŶĞƐƚŝŵĂƚĞĚŶŽƚͲƚŽͲĞdžĐĞĞĚĐŽŶƚƌĂĐƚĂŵŽƵŶƚŽĨΨϯϵ͕ϳϳϯ͕ŝŶĐůƵĚŝŶŐĞdžƉĞŶƐĞƐ͘ dŚĞƉƌŽũĞĐƚǁŝůůďĞŝŶǀŽŝĐĞďĂƐĞĚŽŶƚŚĞŵŝůĞƐƚŽŶĞƐůŝƐƚĞĚďĞůŽǁ͘ĂƐĞĚŽŶƚŚĞĐůŝĞŶƚ͛ƐĚŝƌĞĐƚŝŽŶ͕ ŵĂŶLJŽĨƚŚĞŝŶƚĞƌǀŝĞǁƐĐĂŶďĞĐŽŶĚƵĐƚĞĚŽŶͲƐŝƚĞƵŶůĞƐƐƌĞŵŽƚĞŝŶƚĞƌǀŝĞǁƐĂƌĞĨĞĂƐŝďůĞ͘ůů ŽƚŚĞƌǁŽƌŬŝƐŝŶƚĞŶĚĞĚƚŽďĞĐŽŵƉůĞƚĞĚƌĞŵŽƚĞůLJǀŝĂĞŵĂŝů͕ƚĞůĞĐŽŶĨĞƌĞŶĐĞ͕ĂŶĚǀŝĚĞŽ ĐŽŶĨĞƌĞŶĐĞ͘^ŚŽƵůĚƚŚĞĐůŝĞŶƚĂŶĚDZ'ŵƵƚƵĂůůLJĂŐƌĞĞƚŽĐŽŶĚƵĐƚĂŶLJŽƚŚĞƌŵĞĞƚŝŶŐƐŽƌǁŽƌŬ ĂĐƚŝǀŝƚŝĞƐŽŶͲƐŝƚĞ͕ƚƌĂǀĞůĞdžƉĞŶƐĞƐǁŝůůďĞďŝůůĞĚƚŽƚŚĞĐůŝĞŶƚĂƚĐŽƐƚ͘ D/>
^dKE
^ K^d
dĂƐŬϭͲ>ĂƵŶĐŚΘWƌŽũĞĐƚŽŽƌĚŝŶĂƚŝŽŶ ΨϮ͕ϵϬϱ
dĂƐŬϮͲKƌŐĂŶŝnjĂƚŝŽŶĂůŝĂŐŶŽƐƚŝĐ Ψϳ͕ϴϬϬ
dĂƐŬϯͲWƵďůŝĐtŽƌŬƐ͗/ŶƚĞƌǀŝĞǁƐ͕ZĞƐĞĂƌĐŚΘŽŵƉĂƌĂƚŝǀĞŶĂůLJƐŝƐ ΨϭϬ͕ϰϬϬ dĂƐŬϰͲWƵďůŝĐtŽƌŬƐ͗&ŝŶĚŝŶŐƐ͕ZĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͕ZĞƉŽƌƚΘWƌĞƐĞŶƚĂƚŝŽŶƐ Ψϭϱ͕ϲϲϴ ^ƵďͲƚŽƚĂů Ψϯϲ͕ϳϳϯ
dƌĂǀĞů
džƉĞŶƐĞƐ;ĂƐƐƵŵĞƐϮƚƌŝƉƐʹŝŶƚĞƌǀŝĞǁƐĂŶĚŽƵŶĐŝůƉƌĞƐĞŶƚĂƚŝŽŶͿ Ψϯ͕ϬϬϬ dKd> Ψϯϵ͕ϳϳϯ
/ĨĂĚĚŝƚŝŽŶĂůƐĞƌǀŝĐĞƐĂƌĞƌĞƋƵĞƐƚĞĚŽƌĂĚĚŝƚŝŽŶĂůƚŝŵĞŶĞĞĚĞĚ;ƐƵĐŚĂƐĨŽƌĂƐƐŝƐƚĂŶĐĞŝŶ ŝŵƉůĞŵĞŶƚĂƚŝŽŶŽƌƉƌŽĨĞƐƐŝŽŶĂůĚĞǀĞůŽƉŵĞŶƚͿ͕ƚŚŽƐĞŚŽƵƌƐǁŝůůďĞďŝůůĞĚĂƚΨϮϲϬƉĞƌŚŽƵƌĂĨƚĞƌ ďĞŝŶŐĂƉƉƌŽǀĞĚďLJƚŚĞŝƚLJŽĨWĂĐŝĨŝĐ'ƌŽǀĞĂŶĚDZ'͘
DZ'WZK:
dd
D
DZ'ŚĂƐĐŚŽƐĞŶĂĐŽŶƐƵůƚĂŶƚƚĞĂŵǁŝƚŚƚŚĞĞdžƉĞƌŝĞŶĐĞĂŶĚĂƉƉƌŽĂĐŚƚŽĐŽŶĚƵĐƚĂŶŽďũĞĐƚŝǀĞ ĂŶĚŝŶĚĞƉĞŶĚĞŶƚƐƚƵĚLJ͘
ĂƚŚLJĂƉƌŝŽůĂŝƐĂŶDZ'sŝĐĞWƌĞƐŝĚĞŶƚĂŶĚŚĂƐĐŽͲůĞĂĚĞƌƐŚŝƉŽǀĞƌDZ'͛ƐŽƌŐĂŶŝnjĂƚŝŽŶĂů ĂƐƐĞƐƐŵĞŶƚƉƌĂĐƚŝĐĞĂƌĞĂ͘
ZŝĐŬKƚƚŽŝƐĂ^ĞŶŝŽƌŽŶƐƵůƚĂŶƚǁŝƚŚĞdžƉĞƌƚŝƐĞŝŶŽƌŐĂŶŝnjĂƚŝŽŶĂůĂƐƐĞƐƐŵĞŶƚƐĂŶĚůĞĂĚĞƌƐŚŝƉ ĚĞǀĞůŽƉŵĞŶƚ͘ZŝĐŬǁŝůůďĞƚŚĞůĞĂĚĐŽŶƐƵůƚĂŶƚĨŽƌƚŚŝƐƉƌŽũĞĐƚ͘ 







 






PGCC 11-5-2025

ϳ

K s/
WZ
^/
Ed ^
E/KZKE^h>dEd
DĂƌLJ
ŐĂŶ

K

ŐĂŶΛƐŽůƵƚŝŽŶƐͲŵƌŐ͘ĐŽŵ
;ϵϭϲͿϮϲϭͲϳϱϰϳ
ĂƚŚLJĂƉƌŝŽůĂ
sŝĐĞWƌĞƐŝĚĞŶƚ
ĂƉƌŝŽůĂΛƐŽůƵƚŝŽŶƐͲŵƌŐ͘ĐŽŵ
;ϵϭϲͿϮϱϳͲϯϮϴϳ
ZŝĐŬKƚƚŽ
^ĞŶŝŽƌŽŶƐƵůƚĂŶƚ
ŽƚƚŽΛĐŝƚLJŵĂŶĂŐĞŵĞŶƚΛŐŵĂŝů͘ĐŽŵ
;ϳϭϰͿϳϰϱͲϮϴϱϮ
Z/<KddK
ƐƚŚĞĨŽƌŵĞƌŝƚLJDĂŶĂŐĞƌĨŽƌƚŚĞŝƚLJŽĨKƌĂŶŐĞ͕ZŝĐŬKƚƚŽƵŶĚĞƌƐƚĂŶĚƐƚŚĞŵĂŶLJ ĐŚĂůůĞŶŐĞƐƚŽĚĂLJ͛ƐůŽĐĂůŐŽǀĞƌŶŵĞŶƚĞdžĞĐƵƚŝǀĞƐĨĂĐĞŽŶĂĚĂŝůLJďĂƐŝƐ͘ZŝĐŬƐƵĐĐĞƐƐĨƵůůLJ ŶĂǀŝŐĂƚĞĚŚŝƐŽƌŐĂŶŝnjĂƚŝŽŶƚŚƌŽƵŐŚƚŚĞƉĂŶĚĞŵŝĐ͕ƌĞĐĞƐƐŝŽŶƐ͕ƉĞƌŝŽĚƐŽĨƉŽůŝƚŝĐĂů ƚƌĂŶƐŝƚŝŽŶ͕ůŽĐĂůĞŵĞƌŐĞŶĐŝĞƐ͕ĂŶĚĐŽŵŵƵŶŝƚLJƚƌĂŐĞĚŝĞƐ͘,ŝƐĐŽŵƉĂƐƐŝŽŶĂƚĞ͕ ĐŽůůĂďŽƌĂƚŝǀĞ͕ĂŶĚƌĞƐƵůƚƐͲŽƌŝĞŶƚĂƚĞĚůĞĂĚĞƌƐŚŝƉƐƚLJůĞĂůůŽǁƐŚŝŵƚŽĐƌĞĂƚĞĂŶĚĨŽƐƚĞƌ ĂƉŽƐŝƚŝǀĞǁŽƌŬĞŶǀŝƌŽŶŵĞŶƚĂŶĚĨŽƌŐĞĞdžĐĞůůĞŶƚǁŽƌŬŝŶŐƌĞůĂƚŝŽŶƐŚŝƉƐǁŝƚŚƉŽůŝƚŝĐĂůůĞĂĚĞƌƐ͕ůĂďŽƌ ĂƐƐŽĐŝĂƚŝŽŶƐ͕ĐŽŵŵƵŶŝƚLJŐƌŽƵƉƐ͕ĂŶĚĨĞůůŽǁĐŝƚLJŵĂŶĂŐĞƌƐ͘ ZŝĐŬŚĂƐŽǀĞƌϯϮLJĞĂƌƐŽĨůŽĐĂůŐŽǀĞƌŶŵĞŶƚĞdžƉĞƌŝĞŶĐĞǁŽƌŬŝŶŐĨŽƌƐŵĂůůĂŶĚŵĞĚŝƵŵͲƐŝnjĞĚĐŝƚŝĞƐŝŶ ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂ͘/ŶĂĚĚŝƚŝŽŶƚŽƐĞƌǀŝŶŐĂƐƚŚĞŝƚLJDĂŶĂŐĞƌĨŽƌKƌĂŶŐĞ͕ĂĨƵůůͲƐĞƌǀŝĐĞĐŝƚLJǁŝƚŚĂŶ ĂŶŶƵĂůďƵĚŐĞƚŽĨΨϮϬϬŵŝůůŝŽŶĂŶĚϳϱϬĞŵƉůŽLJĞĞƐ͕ZŝĐŬĂůƐŽƐĞƌǀĞĚĂƐƚŚĞŝƌƐƐŝƐƚĂŶƚŝƚLJDĂŶĂŐĞƌ͕ ŽŵŵƵŶŝƚLJĞǀĞůŽƉŵĞŶƚŝƌĞĐƚŽƌ͕ĂŶĚ
ĐŽŶŽŵŝĐĞǀĞůŽƉŵĞŶƚDĂŶĂŐĞƌ͘WƌŝŽƌƚŽŚŝƐƚĞŶƵƌĞŝŶKƌĂŶŐĞ͕ ZŝĐŬǁŽƌŬĞĚĨŽƌƚŚƌĞĞĐŽŶƚƌĂĐƚĐŝƚŝĞƐŝŶ>ŽƐŶŐĞůĞƐŽƵŶƚLJ͗ZĂŶĐŚŽWĂůŽƐsĞƌĚĞƐ͕>ĂDŝƌĂĚĂĂŶĚdĞŵƉůĞ ŝƚLJ͘dŚƌŽƵŐŚŽƵƚŚŝƐĐĂƌĞĞƌ͕ZŝĐŬŚĂƐďĞĞŶŝŶǀŽůǀĞĚŝŶŶĞĂƌůLJĞǀĞƌLJĂƐƉĞĐƚŽĨůŽĐĂůŐŽǀĞƌŶŵĞŶƚ͕ŝŶĐůƵĚŝŶŐ ůĂŶĚƵƐĞƉůĂŶŶŝŶŐ͕ŚŝƐƚŽƌŝĐƉƌĞƐĞƌǀĂƚŝŽŶ͕ĐŝƚŝnjĞŶĞŶŐĂŐĞŵĞŶƚ͕ĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐ͕ĞĐŽŶŽŵŝĐ ĚĞǀĞůŽƉŵĞŶƚ͕ĨŝŶĂŶĐĞĂŶĚďƵĚŐĞƚŝŶŐ͕ĐĂƉŝƚĂůƉƌŽũĞĐƚƐ͕ŝŶĨŽƌŵĂƚŝŽŶƚĞĐŚŶŽůŽŐLJ͕ůĂďŽƌŶĞŐŽƚŝĂƚŝŽŶƐ͕ƐƚĂĨĨ ĚĞǀĞůŽƉŵĞŶƚ͕ĂŶĚƉƵďůŝĐƐĂĨĞƚLJĐŽŽƌĚŝŶĂƚŝŽŶ͘ZŝĐŬďƌŝŶŐƐŚŝƐƵŶŝƋƵĞĂŶĚĚŝǀĞƌƐĞďĂĐŬŐƌŽƵŶĚƚŽĐůŝĞŶƚƐ ďLJƐƉĞĐŝĂůŝnjŝŶŐŝŶKƌŐĂŶŝnjĂƚŝŽŶĂůƐƐĞƐƐŵĞŶƚƐ͕KƉĞƌĂƚŝŽŶĂůZĞǀŝĞǁƐ͕ džĞĐƵƚŝǀĞ
ǀĂůƵĂƚŝŽŶƐ͕^ƚĂĨĨ
ĞǀĞůŽƉŵĞŶƚĂŶĚDĞŶƚŽƌŝŶŐ͕^ƚƌĂƚĞŐŝĐWůĂŶŶŝŶŐ͕&ŝƐĐĂůĂŶĚ ĐŽŶŽŵŝĐĞǀĞůŽƉŵĞŶƚŶĂůLJƐŝƐ͕ĂŶĚ>ĂŶĚ
hƐĞ
ŶƚŝƚůĞŵĞŶƚƐ͘
/ŶĂĚĚŝƚŝŽŶƚŽŚŝƐƉƌŽĨĞƐƐŝŽŶĂůĂĐŚŝĞǀĞŵĞŶƚƐ͕ZŝĐŬĞĂƌŶĞĚĂĂĐŚĞůŽƌŽĨƌƚƐŝŶWƵďůŝĐĚŵŝŶŝƐƚƌĂƚŝŽŶĂŶĚ ĂDĂƐƚĞƌŽĨWƵďůŝĐWŽůŝĐLJĂŶĚĚŵŝŶŝƐƚƌĂƚŝŽŶ͕ďŽƚŚĨƌŽŵĂůŝĨŽƌŶŝĂ^ƚĂƚĞhŶŝǀĞƌƐŝƚLJ͕>ŽŶŐĞĂĐŚ͘ZŝĐŬŝƐĂ ĨƌĞƋƵĞŶƚŐƵĞƐƚƐƉĞĂŬĞƌĨŽƌƉƵďůŝĐƉŽůŝĐLJĂŶĚũŽƵƌŶĂůŝƐŵĐůĂƐƐĞƐĂƚĂůŝĨŽƌŶŝĂ^ƚĂƚĞhŶŝǀĞƌƐŝƚLJ͕&ƵůůĞƌƚŽŶ͕ ĂŶĚŚĂƉŵĂŶhŶŝǀĞƌƐŝƚLJ͘,ĞĂůƐŽŚĂƐďĞĞŶĂƐƉĞĂŬĞƌĨŽƌƚŚĞŵĞƌŝĐĂŶWůĂŶŶŝŶŐƐƐŽĐŝĂƚŝŽŶ͘&ŝŶĂůůLJ͕ZŝĐŬ ŝƐƉƌŽƵĚƚŽŚĂǀĞďĞĞŶĂŝƐŶĞLJůĂŶĚĂƐƚDĞŵďĞƌĂŶĚƐƚŝůůƵƐĞƐƚŚĂƚĐƵƐƚŽŵĞƌͲĐĞŶƚƌŝĐĂƉƉƌŽĂĐŚǁŝƚŚŚŝƐ ĐůŝĞŶƚƐ͘
d,zWZ/K>
ĂƚŚLJĂƉƌŝŽůĂŝƐĂŶĞdžƉĞƌŝĞŶĐĞĚůŽĐĂůŐŽǀĞƌŶŵĞŶƚĞdžĞĐƵƚŝǀĞǁŝƚŚϯϭLJĞĂƌƐŵĂŶĂŐŝŶŐ ĐŝƚŝĞƐŝŶĂůŝĨŽƌŶŝĂǁŝƚŚĚĞĞƉĞdžƉĞƌƚŝƐĞŝŶŐŽǀĞƌŶĂŶĐĞ͕ŚƵŵĂŶƌĞƐŽƵƌĐĞƐ͕ƉƵďůŝĐ ŝŶĨŽƌŵĂƚŝŽŶ͕ĐŽŵŵƵŶŝƚLJĞŶŐĂŐĞŵĞŶƚ͕ĨŝŶĂŶĐĞ͕ĂŶĚŝŶĨŽƌŵĂƚŝŽŶƚĞĐŚŶŽůŽŐLJ͘ƐĂsŝĐĞ WƌĞƐŝĚĞŶƚǁŝƚŚDZ'͕ĂƚŚLJůĞĂĚƐƚŚĞĨŝƌŵ͛ƐŽĂĐŚŝŶŐΘ>ĞĂĚĞƌƐŚŝƉĞǀĞůŽƉŵĞŶƚ ƉƌĂĐƚŝĐĞĂƌĞĂ͘ƐĂŵĂŶĂŐĞŵĞŶƚĐŽŶƐƵůƚĂŶƚ͕ĂƚŚLJĚĞůŝǀĞƌƐŽƌŐĂŶŝnjĂƚŝŽŶĂů ĚĞǀĞůŽƉŵĞŶƚĂŶĚĂƐƐĞƐƐŵĞŶƚƐ͕ƐƚƌĂƚĞŐŝĐĂĚǀŝƐŝŶŐ͕ƉůƵƐůĞĂĚĞƌƐŚŝƉͬƚĞĂŵĚĞǀĞůŽƉŵĞŶƚŽĨŵĂŶĂŐĞƌƐĂŶĚ ĞdžĞĐƵƚŝǀĞƐŝŶůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂŶĚŶŽŶͲƉƌŽĨŝƚƐ͘ĂƚŚLJŚĂƐĞdžƚĞŶƐŝǀĞĞdžƉĞƌŝĞŶĐĞĨĂĐŝůŝƚĂƚŝŶŐůĂƌŐĞĂŶĚ ŵƵůƚŝͲĚŝŵĞŶƐŝŽŶĂůǁŽƌŬƐŚŽƉƐĂŶĚŵĞĞƚŝŶŐƐ͘








 






PGCC 11-5-2025

ϴ
ĂƚŚLJƌĞƚŝƌĞĚĨƌŽŵǁŽƌŬŝŶŐŝŶƐŝĚĞůŽĐĂůŐŽǀĞƌŶŵĞŶƚĂĨƚĞƌƐĞƌǀŝŶŐĂƐƚŚĞŝƚLJDĂŶĂŐĞƌĨŽƌƚŚĞŝƚLJŽĨ ^ŽŶŽŵĂĨŽƌĨŽƵƌLJĞĂƌƐĂŶĚƐĞƌǀĞĚĂƐƚŚĞƐƐŝƐƚĂŶƚŝƚLJDĂŶĂŐĞƌǁŝƚŚŝƚLJŽĨEŽǀĂƚŽ͕ĚŵŝŶŝƐƚƌĂƚŝǀĞ ^ĞƌǀŝĐĞƐŝƌĞĐƚŽƌǁŝƚŚƚŚĞŝƚLJŽĨŝƚƌƵƐ,ĞŝŐŚƚƐ͕ĂŶĚĞƉƵƚLJŝƚLJDĂŶĂŐĞƌǁŝƚŚƚŚĞŝƚLJŽĨĂǀŝƐ͘ ĂƚŚLJ͛ƐĞĚƵĐĂƚŝŽŶĂů ďĂĐŬŐƌŽƵŶĚ ŝŶĐůƵĚĞƐ Ă ͘^͘ ŝŶ ŽŵŵƵŶŝĐĂƚŝŽŶͬDĂŶĂŐĞŵĞŶƚ ĨƌŽŵhĂǀŝƐ ĂŶĚ Ă DĂƐƚĞƌ͛ƐŝŶWƵďůŝĐĂŶĚWƌŝǀĂƚĞDĂŶĂŐĞŵĞŶƚ;DWWDͿĨƌŽŵzĂůĞhŶŝǀĞƌƐŝƚLJ͘ 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of City, and prior to commencement of Work, CONSULTANT 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 satisfactory to City.

General liability insurance. CONSULTANT 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 $1,000,000 per occurrence, $2,000,000 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.

Automobile liability insurance. CONSULTANT 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 the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
x A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
x Pay on behalf of wording as opposed to reimbursement; x Concurrency of effective dates with primary policies; x Policies shall “follow form” to the underlying primary policies; and 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
x Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by City 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 City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’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, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by CONSULTANT or City will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, City 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 or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONSULTANT hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or 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 Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability 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 City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’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. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT.

CONSULTANT 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.

CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the City and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

Timely notice of claims. CONSULTANT shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
Additional insurance. CONSULTANT 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.








 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022

CITY OF PACIFIC GROVE

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICE AGREEMENT (“PSA”) FOR NON-CONSTRUCTION PROJECTS (“Agreement”), is made and effective as of November 7, 2024, between the City of Pacific Grove (“City”), a municipal corporation and Municipal Resource Group, LLC (MRG) a limited liability company (“CONSULTANT”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on November 7, 2024, and shall remain and continue in effect until the tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SCOPE OF WORK
CONSULTANT shall perform the tasks and services (“Services”) described and set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein as though set forth in full.

CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this Agreement unless specifically agreed to in writing.

3. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of their ability, experience, and talent, perform all Services described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting their obligations under this Agreement.

4. CITY MANAGEMENT
The City Manager, or their designee, shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Scope of Work or change the compensation due to CONSULTANT. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents that enlarge the Scope of Work or change CONSULTANT’s compensation, subject to Section 6 hereof.

5. PAYMENT
a. The City agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the Payment Schedule as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
tasks. This amount shall not exceed Thirty-Nine Thousand Seventy Hundred Seventy Three dollars ($39,773.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to $39,999.99, which includes all costs.

Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void. c. CONSULTANT shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or the City Council. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time City’s written authorization is given to CONSULTANT for the performance of said services. d. CONSULTANT shall submit invoices monthly for actual Services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for Services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefore.

6. INSPECTION
City shall at all times have the right to inspect the work and materials. CONSULTANT shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONSULTANT from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONSULTANT at least thirty (30) days prior written notice. Upon receipt of said notice, CONSULTANT shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CONSULTANT the actual value of the Services performed up to the time of termination, provided that the Services performed are of value to the City. Upon termination of the Agreement pursuant to this Section, CONSULTANT will submit an invoice to the City pursuant to Section 6.








 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022

8. DEFAULT OF CONSULTANT
a. CONSULTANT’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONSULTANT for any Services performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of Services hereunder arises out of causes beyond the CONSULTANT’s control, and without fault or negligence of the CONSULTANT, it shall not be considered a default.
b. If the City Manager or designee determines CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONSULTANT fails to cure its default within such period of time or fails to present City with a written plan for the cure of the default, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
a. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. CONSULTANT shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. If there is a substantial billing deviation adverse to City, then the cost of an audit shall be borne by CONSULTANT. Such records, together with supporting documents, shall be maintained for a period of five (5) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to City, at CONSULTANT’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files.

CONSULTANT hereby grants to City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
and other documents prepared by CONSULTANT in the course of providing the Services under this Agreement.

10. RECORD AUDIT
In accordance with Government Code, Section 8546.7, for expenditures of greater than $10,000, records of both City and CONSULTANT shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

11. INDEMNIFICATION AND DEFENSE
Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless City and any and all of its officers, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any City or individual that CONSULTANT shall bear the legal liability thereof) in the performance of Services under this Agreement. CONSULTANT’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence.

Duty to defend
In the event City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the Services encompassed by this Agreement, and upon demand by City, CONSULTANT shall defend City at CONSULTANT’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and City, as to whether liability arises from the sole or active negligence of the City or its officers, employees, or agents, CONSULTANT will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

12. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this Agreement.

13. INDEPENDENT CONSULTANT
a. CONSULTANT is and shall at all times remain as to City a wholly independent consultant and/or independent contractor. The personnel performing the Services under this Agreement on behalf of CONSULTANT shall at all times be under 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
CONSULTANT’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s officers, employees, or agents, except as set forth in this Agreement.

CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City.

CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except for the fees paid to CONSULTANT as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONSULTANT for performing Services hereunder for City. City shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing Services hereunder.

14. LEGAL RESPONSIBILITIES
CONSULTANT shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. CONSULTANT shall at all times observe and comply with all such laws and regulations. City, and its officers, employees, and agents shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

15. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer, employee or agent of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer, employee or agent of City has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any Services to be performed as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

16. NO BENEFIT TO ARISE TO CITY OFFICERS AND EMPLOYEES
No officer, employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services performed under the Agreement during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Services performed under this Agreement.

17. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
a. All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City’s prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONSULTANT gives City notice of such court order or subpoena.
b. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City, unless City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing City of such Discovery.

City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. c. If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing Work under this Agreement to complete and file a “Statement of Economic Interest” with CITY disclosing CONTRACTOR’s and/or such other person’s financial interests.

18. DISCRIMINATION
CONSULTANT agrees that in the performance of this Agreement, neither CONSULTANT nor any person acting on CONSULTANT’s behalf shall discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sexual orientation, sex, gender identity, gender expression, military or veteran status or age.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, by first class mail, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:









 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
To City: Matt Mogensen, City Manager
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
Attention: City Clerk
To CONSULTANT: Andi Stanley, Business Manager

MRG, LLC
8788 Elk Grove Blvd., Suite L
Elk Grove, CA 95624

Notice is effective on the date of personal service, or 5 days following deposit in a United States mailbox, or date of postmark. The parties may agree to service by email.

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
CONSULTANT shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of CITY. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only CONSULTANT shall perform the Services described in this Agreement. CONSULTANT may use assistants, under their direct supervision, to perform some of the Services under this Agreement.

CONSULTANT shall provide City fourteen (14) days’ notice prior to the departure of Rick Otto and/or Cathy Capriola from CONSULTANT’s employ. Should Rick Otto and/or Cathy Capriola leave CONSULTANT’s employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between City and the CONSULTANT. Before retaining or contracting with any subconsultant for any Services under this Agreement, CONSULTANT shall provide City with the identity of the proposed sub-consultant, a copy of the proposed written contract between CONSULTANT and such sub-consultant, which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-consultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from City for such insurance.








 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022

22. LICENSES
At all times during the term of this Agreement, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the Services described in this Agreement. CONSULTANT shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions.

23. GOVERNING LAW
City and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or federal district court with jurisdiction over City.

CONSULTANT agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.

24. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to their obligations described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. No amendment shall be valid unless in writing, executed by both parties.

25. DISPUTE RESOLUTION; ATTORNEY’S FEES
CONSULTANT shall continue to perform under this Agreement during any dispute.

CONSULTANT and City hereby agree to make good faith efforts to resolve disputes as quickly as possible. In the event any dispute arising from or related to this Agreement results in litigation or arbitration, the prevailing party shall be entitled to recover all reasonable costs incurred, including court costs, attorney fees, expenses for expert witnesses (whether or not called to testify), expenses for accountants or appraisers (whether or not called to testify), and other related expenses. Recovery of these expenses shall be as additional costs awarded to the prevailing party, and shall not require initiation of a separate legal proceeding.

26. WORK SCHEDULED/TIME OF COMPLETION
City and CONSULTANT agree that time is of the essence in this Agreement.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONSULTANT warrants and represents that they have the authority to execute this Agreement on behalf of the 







 






PGCC 11-5-2025

Professional Services Agreement 07.19.2022
CONSULTANT and have the authority to bind CONSULTANT to the performance of its obligations hereunder.

28. INTERPRETATION OF CONFLICTING PROVISIONS
In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

29. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF PACIFIC GROVE CONSULTANT
By:

Mary Egan, CEO

Date:

By: ___________________________ By: ____________________________ Matt Mogensen, City Manager Fred Marsh, Administrative Services Department Date: ___________________________ Date: ___________________________ Approved As To Form:

City Attorney








 








 
PGCC 11-5-2025

Professional Services Agreement 07.19.2022

EXHIBIT A & B
Consultant Proposal Containing Detailed Scope of Work and Payment Schedule









 






PGCC 11-5-2025

WŽƐƚKĨĨŝĐĞŽdžϱϲϭtŝůƚŽŶ͕ĂůŝĨŽƌŶŝĂϵϱϲϵϯϴϲϲͲϳϳϰͲϯϮϮϮǁǁǁ͘^ŽůƵƚŝŽŶƐͲDZ'͘ĐŽŵ KĐƚŽďĞƌϮϯ͕ϮϬϮϰ
DĂƚƚŚĞǁDŽŐĞŶƐĞŶ
ŝƚLJDĂŶĂŐĞƌ
ŝƚLJŽĨWĂĐŝĨŝĐ'ƌŽǀĞ
ϯϬϬ&ŽƌĞƐƚǀĞŶƵĞ
WĂĐŝĨŝĐ'ƌŽǀĞ͕ϵϯϵϱϬ
ĞĂƌDƌ͘DŽŐĞŶƐĞŶ͗
DƵŶŝĐŝƉĂůZĞƐŽƵƌĐĞ'ƌŽƵƉ>>;DZ'ͿŝƐƉůĞĂƐĞĚƚŽƐƵďŵŝƚƚŚŝƐƉƌŽƉŽƐĂůƚŽƚŚĞŝƚLJŽĨWĂĐŝĨŝĐ 'ƌŽǀĞƚŽƉƌŽǀŝĚĞĂŝƚLJͲǁŝĚĞKƌŐĂŶŝnjĂƚŝŽŶĂůŝĂŐŶŽƐƚŝĐĂŶĚĂŶKƌŐĂŶŝnjĂƚŝŽŶĂůĂŶĚ^ƚĂĨĨŝŶŐ ƐƐĞƐƐŵĞŶƚŽĨƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚ͘DZ'ŽŶƐƵůƚĂŶƚZŝĐŬKƚƚŽŚĂƐƉƌĞƉĂƌĞĚĂƐĐŽƉĞ ŽĨǁŽƌŬĨŽƌLJŽƵƌƌĞǀŝĞǁ͘
DZ'ŚĂƐďƵŝůƚŽƵƌƉƌĂĐƚŝĐĞĂƌŽƵŶĚĂƐƐŝƐƚŝŶŐĐůŝĞŶƚƐŝŶŝĚĞŶƚŝĨLJŝŶŐĐŽƌĞŝƐƐƵĞƐŝŵƉĂĐƚŝŶŐ ƉĞƌĨŽƌŵĂŶĐĞĂŶĚŽƌŐĂŶŝnjĂƚŝŽŶĂůŚĞĂůƚŚĂŶĚĚĞǀĞůŽƉŝŶŐĞĨĨĞĐƚŝǀĞƐƚƌĂƚĞŐŝĞƐĨŽƌƌĞŵŽǀŝŶŐƚŚĞƐĞ ďĂƌƌŝĞƌƐ͘tĞĐŽŶƐŝĚĞƌƚŚĞƐĞĞŶŐĂŐĞŵĞŶƚƐĂŶŽƉƉŽƌƚƵŶŝƚLJƚŽǁŽƌŬǁŝƚŚƐƚĂĨĨƚŽŚĞůƉƚŚĞŵŐƌŽǁ ĂŶĚĚĞǀĞůŽƉ͕ĂƐǁĞůůĂƐƉƌŽǀŝĚĞƐƚĂĨĨǁŝƚŚƉƌĂĐƚŝĐĂůƚŽŽůƐƚŽĐŽŶƚŝŶƵĞďƵŝůĚŝŶŐŚĞĂůƚŚLJĂŶĚ ĞĨĨĞĐƚŝǀĞǁŽƌŬŝŶŐƌĞůĂƚŝŽŶƐŚŝƉƐ͘tĞĂƌĞ͞ŶŽƐƵƌƉƌŝƐĞƐ͟ĐŽŶƐƵůƚĂŶƚƐ͕ĂŶĚǁĞǁŽƌŬǁŝƚŚ ůĞĂĚĞƌƐŚŝƉƚŽĚĞĨŝŶĞĂƉĂƚŚĨŽƌƌĞĚĞƐŝŐŶĂŶĚƚŽĂĐŚŝĞǀĞĚĞƐŝƌĞĚƌĞĂůŝƐƚŝĐŽƵƚĐŽŵĞƐ͘ KƵƚƚĞĂŵŚĂƐƉƌŽǀŝĚĞĚƐŝŵŝůĂƌĂƐƐĞƐƐŵĞŶƚƐĞƌǀŝĐĞƐƚŽĐůŝĞŶƚĂŐĞŶĐŝĞƐŝŶĐůƵĚŝŶŐƚŚĞĐŝƚŝĞƐŽĨ ůĂLJƚŽŶ͕KƌŝŶĚĂ͕ƵĞŶĂWĂƌŬ͕ĂŶĚƵƉĞƌƚŝŶŽ͘
^ŝŶĐĞƌĞůLJ͕
DĂƌLJ
ŐĂŶ͕
K
DZ'͕>>
ϵϭϲͲϮϲϭͲϳϱϰϳ
ĞŐĂŶΛƐŽůƵƚŝŽŶƐͲŵƌŐ͘ĐŽŵ








 






PGCC 11-5-2025

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

$VVXUHG3DUWQHUV 'HVLJQ 3URIHVVLRQDOV ,QVXUDQFH 6HUYLFHV //& 
 0W 'LDEOR %OYG 6XLWH 
/DID\HWWH &$


6KDQQRQ &DPSRV


&HUWV'HVLJQ3UR#$VVXUHG3DUWQHUVFRP
/LFHQVH
 6HQWLQHO ,QVXUDQFH &RPSDQ\ 
081,5(6 8QGHUZULWHUV DW /OR\G
V /RQGRQ 
0XQLFLSDO 5HVRXUFH *URXS //&
05*

32 %2; 
:LOWRQ &$


+DUWIRUG &DVXDOW\ ,QVXUDQFH &RPSDQ\ 

$W%D\ 6SHFLDOW\ ,QVXUDQFH &RPSDQ\ 



$ ; 
; 
; &RQWUDFWXDO /LDE 
,QFOXGHG 

;
< < 6%$8=  

$ 
; ;
< < 6%$8=  
& < :(&$%/   ;



%
'
3URIHVVLRQDO /LDELOLW\
&\EHU /LDELOLW\
03/
$%




3HU &ODLP
$JJUHJDWH /LPLW
3HU &ODLP


$JJ /PW
,QVXUHG RZQV QR FRPSDQ\ YHKLFOHV
WKHUHIRUH KLUHGQRQRZQHG DXWR LV WKH PD[LPXP FRYHUDJH WKDW DSSOLHV 3URIHVVLRQDO VHUYLFHV LQFOXGHV 0DQDJHPHQW FRQVXOWLQJ DQG VWUDWHJLF SODQQLQJ VHUYLFHV DQG ZRUNSODFH LQYHVWLJDWLRQV $Q ,QVXUHG H[WHQGV WR D QDWXUDO SHUVRQ SHUIRUPLQJ VHUYLFHV RU GXWLHV ZLWKLQ WKH VFRSH RI WKHLU ZULWWHQ DJUHHPHQW ZLWK DQ ,QVXUHG (QWLW\ DQG IRU ZKRP WKH ,QVXUHG (QWLW\ LV OHJDOO\ OLDEOH EXW RQO\ ZKLOH DFWLQJ ZLWKLQ WKH VFRSH RI VXFK SHUVRQ¶V GXWLHV SHUIRUPHG RQ EHKDOI RI WKH ,QVXUHG (QWLW\
5(
$OO 2SHUDWLRQV RI WKH 1DPHG ,QVXUHG
&LW\ RI 3DFLILF *URYH DQG LWV RIILFHUV HPSOR\HHV DJHQWV DQG YROXQWHHUV DUH QDPHG DV DQ DGGLWLRQDO LQVXUHG DV UHVSHFWV JHQHUDO OLDELOLW\ DQG DXWR OLDELOLW\ DV UHTXLUHG SHU ZULWWHQ FRQWUDFW *HQHUDO /LDELOLW\ LV 3ULPDU\1RQ&RQWULEXWRU\ SHU SROLF\ IRUP ZRUGLQJ ,QVXUDQFH FRYHUDJH LQFOXGHV ZDLYHU RI VXEURJDWLRQ SHU WKH

DWWDFKHG HQGRUVHPHQW
V

6HH $WWDFKHG
 'D\ 1RWLFH RI &DQFHOODWLRQ
&LW\ RI 3DFLILF *URYH
 )RUHVW $YHQXH
3DFLILF *URYH &$










 






PGCC 11-5-2025

ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:
081,5(6
 
$VVXUHG3DUWQHUV 'HVLJQ 3URIHVVLRQDOV ,QVXUDQFH 6HUYLFHV //& 0XQLFLSDO 5HVRXUFH *URXS //& 05*

32 %2; 
:LOWRQ &$


 &(57,),&$7( 2) /,$%,/,7< ,1685$1&(
6(9(5$%,/,7< 2) ,17(5(676
6HSDUDWLRQ RI ,QVXUHGV  ([FHSW ZLWK UHVSHFW WR WKH /LPLWV RI ,QVXUDQFH DQG DQ\ ULJKWV RU GXWLHV VSHFLILFDOO\ DVVLJQHG LQ WKLV &RYHUDJH 3DUW WR WKH ILUVW 1DPHG ,QVXUHG WKLV LQVXUDQFH DSSOLHV

D $V LI HDFK 1DPHG ,QVXUHG ZHUH WKH RQO\ 1DPHG ,QVXUHG DQG
E 6HSDUDWHO\ WR HDFK LQVXUHG DJDLQVW ZKRP FODLP LV PDGH RU VXLW LV EURXJKW 







 






PGCC 11-5-2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 04 38 09 09 Page 1 of 3
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission)

HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non-owned auto".

B. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto".

2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers’ compensation benefits
or to liability assumed by the "insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragraph a. above 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 the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) 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 a
covered "auto"; and
3ROLF\
6%$8=








 






PGCC 11-5-2025

(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee’s" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured’s" care, custody or control.

C. With respect to "hired auto" and "non-owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:

The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don’t own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "nonowned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.

D. With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:

1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.

However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer’s "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.

2. TWO OR MORE COVERAGE FORMS OR

POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),








 






PGCC 11-5-2025

Form SS 04 38 09 09 Page 3 of 3
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.








 






PGCC 11-5-2025

QUICK REFERENCE

BUSINESS LIABILITY COVERAGE FORM

READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses 2
Coverage Extension - Supplementary Payments 2
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15

1. Bankruptcy 15

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15

3. Financial Responsibility Laws 16

4. Legal Action Against Us 16

5. Separation Of Insureds 16

6. Representations 16

7. Other Insurance 16

8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
6%$8=








 






PGCC 11-5-2025

ABCDEFGHIJ

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.

The word "insured" means any person or organization qualifying as such under Section . - Who Is An Insured. C Other words and phrases that appear in quotation marks have special meaning. Refer to Section . - Liability And G Medical Expenses Definitions.

A. COVERAGES (a) The "bodily injury" or "property
damage" is caused by an 1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the INJURY, PROPERTY DAMAGE, PERSONAL "coverage territory"; AND ADVERTISING INJURY) (b) The "bodily injury" or "property Insuring Agreement damage" occurs during the policy a. We will pay those sums that the insured period; and
becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury", listed under Paragraph of Section 1. "property damage" or "personal and C. – Who Is An Insured and no advertising injury" to which this insurance "employee" authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit" or claim, knew that the "bodily injury" seeking those damages. However, we will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "suit" seeking damages for "bodily insured or authorized "employee" injury", "property damage" or "personal and knew, prior to the policy period, that advertising injury" to which this insurance the "bodily injury" or "property does not apply. damage" occurred, then any We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been D. known prior to the policy period. limited as described in Section - Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance; and caused by an offense arising out of your business, but only if the offense was (2) Our right and duty to defend ends when we have used up the applicable limit of committed in the "coverage territory" during the policy period. insurance in the payment of judgments, settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any insured listed under Paragraph of Section 1. perform acts or services is covered unless explicitly provided for under Coverage C. – Who Is An Insured or any "employee" Extension - Supplementary Payments. authorized by you to give or receive notice of an "occurrence" or claim: b. This insurance applies: (1) Reports all, or any part, of the "bodily (1) To "bodily injury" and "property injury" or "property damage" to us or damage" only if: any other insurer; Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(2) b. Receives a written or verbal demand or We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of insurance. We will pay reasonable expenses for: (3) Becomes aware by any other means that "bodily injury" or "property damage" has First aid administered at the time of an (1) occurred or has begun to occur. accident;
d. (2) Damages because of "bodily injury" include Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services.
(1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an (1) All expenses we incur. "occurrence", but only if:
(2) Up to $1,000 for the cost of bail bonds (a) The physician, dentist, nurse, required because of accidents or traffic emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehicle to which Business Liability provide such services; and Coverage for "bodily injury" applies. We (b) You are not engaged in the do not have to furnish these bonds. business or occupation of providing (3) The cost of appeal bonds or bonds to such services. release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to furnish malpractice, any act or omission these bonds. together with all related acts or (4) All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence". "suit", including actual loss of earnings 2. MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work.
a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit".
accident: (6) Prejudgment interest awarded against
(1) On premises you own or rent; the insured on that part of the judgment we pay. If we make an offer to pay the (2) On ways next to premises you own or applicable limit of insurance, we will not rent; or
pay any prejudgment interest based on (3) Because of your operations; that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under through (1) (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by
physicians of our choice as often as we
reasonably require.









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred by the indemnitee at our request will be (1) The "suit" against the indemnitee paid as Supplementary Payments. seeks damages for which the insured has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph of Section – 1.b.(b) B. that is an "insured contract"; Exclusions, such payments will not be deemed to be damages for "bodily (2) This insurance applies to such liability injury" and "property damage" and will assumed by the insured; not reduce the Limits of Insurance. (3) The obligation to defend, or the cost of Our obligation to defend an insured's the defense of, that indemnitee, has indemnitee and to pay for attorneys' fees also been assumed by the insured in and necessary litigation expenses as the same "insured contract"; Supplementary Payments ends when: (4) The allegations in the "suit" and the (1) We have used up the applicable limit information we know about the of insurance in the payment of "occurrence" are such that no conflict judgments or settlements; or appears to exist between the interests of the insured and the interest of the The conditions set forth above, or the (2) indemnitee; terms of the agreement described in
Paragraph above, are no longer met. (6) (5) The indemnitee and the insured ask us to conduct and control the defense B. EXCLUSIONS
of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to:
and the indemnitee; and a. Expected Or Intended Injury
(6) The indemnitee: (1) "Bodily injury" or "property damage" expected or intended from the (a) Agrees in writing to:
standpoint of the insured. This (i) Cooperate with us in the exclusion does not apply to "bodily investigation, settlement or injury" or "property damage" resulting defense of the "suit"; from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury" arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit"; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury".
indemnitee; and b. Contractual Liability
(iv) Cooperate with us with (1) "Bodily injury" or "property damage"; or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay damages by reason of the assumption of (b) Provides us with written authorization to: liability in a contract or agreement.

This exclusion does not apply to liability (i) Obtain records and other for damages because of: information related to the
"suit"; and (a) "Bodily injury", "property damage" or
"personal and advertising injury" that (ii) Conduct and control the defense of the indemnitee in the insured would have in the such "suit". absence of the contract or
agreement; or
Form SS 00 08 04 05 Page 3 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(b) (b) "Bodily injury" or "property damage" Performing duties related to the assumed in a contract or agreement conduct of the insured’s business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of above. (1)
subsequent to the execution of the This exclusion applies: contract or agreement. Solely for (1) Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract", reasonable and attorneys' fees and necessary
litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (i) Liability to such party for, or for contract".
the cost of, that party’s defense f. Pollution
has also been assumed in the
(1) "Bodily injury", "property damage" or same "insured contract", and "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding in which (a) At or from any premises, site or damages to which this location which is or was at any insurance applies are alleged. time owned or occupied by, or c. Liquor Liability rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to:
reason of: (i) "Bodily injury" if sustained within
(1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from equipment that is used to heat, a person under the legal drinking age or cool or dehumidify the building, under the influence of alcohol; or or equipment that is used to (3) Any statute, ordinance or regulation heat water for personal use, by relating to the sale, gift, distribution or the building's occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (ii) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, if you are a beverages. contractor and the owner or d. Workers' Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that
e. Employer’s Liability premises, site or location and
such premises, site or location "Bodily injury" to: is not and never was owned or (1) An "employee" of the insured arising occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or
"hostile fire"; subcontractor;
(b) (ii) At or from any premises, site or "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection
with operations being performed (c) Which are or were at any time by you or on your behalf by a transported, handled, stored, contractor or subcontractor; or treated, disposed of, or processed as waste by or for: "Bodily injury" or "property (iii)
damage" arising out of heat, (i) Any insured; or smoke or fumes from a (ii) Any person or organization for "hostile fire"; or whom you may be legally (e) At or from any premises, site or responsible; location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured’s behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations (2) Any loss, cost or expense arising out by such insured, contractor or of any: subcontractor. However, this subparagraph does not apply to: Request, demand, order or statutory (a) or regulatory requirement that any (i) "Bodily injury" or "property insured or others test for, monitor, damage" arising out of the clean up, remove, contain, treat, escape of fuels, lubricants or detoxify or neutralize, or in any way other operating fluids which are respond to, or assess the effects of, needed to perform the normal "pollutants"; or electrical, hydraulic or mechanical functions Claim or suit by or on behalf of a (b) necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or while in practice or preparation for, a "Bodily injury" or "property damage" arising prearranged racing, speed or out of the ownership, maintenance, use or demolition contest or in any stunting entrustment to others of any aircraft, "auto" activity. or watercraft owned or operated by or rented or loaned to any insured. Use includes i. War
operation and "loading or unloading". "Bodily injury", "property damage" or This exclusion applies even if the claims "personal and advertising injury", however against any insured allege negligence or caused, arising, directly or indirectly, out of:
other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others (2) Warlike action by a military force, by that insured, if the "occurrence" which including action in hindering or caused the "bodily injury" or "property defending against an actual or damage" involved the ownership, expected attack, by any government, maintenance, use or entrustment to others of sovereign or other authority using any aircraft, "auto" or watercraft that is military personnel or other agents; or owned or operated by or rented or loaned to any insured. (3) Insurrection, rebellion, revolution,
usurped power, or action taken by This exclusion does not apply to: governmental authority in hindering or (1) A watercraft while ashore on premises defending against any of these. you own or rent; j. Professional Services (2) A watercraft you do not own that is: "Bodily injury", "property damage" or (a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render any professional service. This includes for a charge;
but is not limited to: (3) Parking an "auto" on, or on the ways next to, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services;
rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications;
(5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x-ray or or of the definition of "mobile f.(3) nursing services treatment, advice or equipment"; or instruction;
(6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew. However, this (6) Any service, treatment, advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement, hair injury" or "property damage", whether removal or replacement or personal the other insurance is primary, excess, grooming; contingent or on any other basis. (7) Optical or hearing aid services h. Mobile Equipment including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar
(1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or
rented or loaned to any insured; or









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services Paragraphs , and of this (1) (3) (4) including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit of Insurance applies to Damage To (9) Any: Premises Rented To You as described in (a) Body piercing (not including ear Section - Limits Of Insurance. D. piercing); Paragraph of this exclusion does not (2) (b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and rental by you. (c) Similar services; Paragraphs and of this exclusion do (3) (4) (10) Services in the practice of pharmacy; not apply to the use of elevators. and Paragraphs , , and of this (3) (4) (5) (6)
(11) Computer consulting, design or exclusion do not apply to liability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs and of this exclusion do (3) (4) Paragraphs and of this exclusion do (4) (5) not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site.

Paragraph in Section - Coverages. 1.e. A. Paragraph of this exclusion does not (6) k. Damage To Property apply to "property damage" included in the "products-completed operations hazard". "Property damage" to:
l. Damage To Your Product (1) Property you own, rent or occupy, including any costs or expenses "Property damage" to "your product" incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, m. Damage To Your Work replacement, enhancement, "Property damage" to "your work" arising restoration or maintenance of such out of it or any part of it and included in the property for any reason, including "products-completed operations hazard". prevention of injury to a person or damage to another's property; This exclusion does not apply if the damaged work or the work out of which (2) Premises you sell, give away or the damage arises was performed on your abandon, if the "property damage" arises behalf by a subcontractor. out of any part of those premises; n. Damage To Impaired Property Or (3) Property loaned to you; Property Not Physically Injured (4) Personal property in the care, custody "Property damage" to "impaired property" or control of the insured; or property that has not been physically (5) That particular part of real property on injured, arising out of: which you or any contractors or (1) A defect, deficiency, inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing or "your work"; or operations, if the "property damage" arises out of those operations; or (2) A delay or failure by you or anyone acting on your behalf to perform a (6) That particular part of any property contract or agreement in accordance that must be restored, repaired or with its terms. replaced because "your work" was incorrectly performed on it. 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.

Form SS 00 08 04 05 Page 7 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by
Damages claimed for any loss, cost or an insured whose business is:
expense incurred by you or others for the Advertising, broadcasting, (a) loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access,
(2) "Your work"; or content or service provider.
(3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs , and a. b. c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section – G. because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions.
condition in it. For the purposes of this exclusion,
p. Personal And Advertising Injury placing an "advertisement" for or linking to others on your web site, by "Personal and advertising injury": itself, is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the insured with (9) Arising out of an electronic chat room knowledge of its falsity; or bulletin board the insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another’s "advertising idea" in your person's right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (12) Arising out of: (6) Arising out of the wrong description of (a) An "advertisement" for others on the price of goods, products or services; your web site; (7) Arising out of any violation of any (b) Placing a link to a web site of intellectual property rights such as others on your web site; copyright, patent, trademark, trade name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes
However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or
"advertisement", of (d) Computer code, software or
programming used to enable: (a) Copyright;
(i) Your web site; or (b) Slogan, unless the slogan is also a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your web site;









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(13) (a) Arising out of a violation of any anti- May be awarded or incurred by trust law; reason of any claim or suit
alleging actual or threatened injury (14) Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks, bonds or other persons or property which would securities; or not have occurred in whole or in (15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the (b) Arise out of any request, demand, direction of any "executive officer", order or statutory or regulatory director, stockholder, partner or member of the insured. requirement that any insured or
others test for, monitor, clean up, q. Electronic Data remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data". (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for, monitoring, cleaning up, removing, "Bodily injury" or "personal and advertising encapsulating, containing, treating, injury" to:
detoxifying or neutralizing or in any (1) A person arising out of any: way responding to or assessing the (a) Refusal to employ that person; effects of an "asbestos hazard". (b) Termination of that person's t. Violation Of Statutes That Govern Eemployment; or Mails, Fax, Phone Calls Or Other (c) Employment-related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information
coercion, demotion, evaluation, "Bodily injury", "property damage", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate:
(2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the (2) The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law; or described in Paragraphs , , or (a) (b) (c) above is directed. (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act This exclusion applies: of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You –
(2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion
pay damages because of the injury. Exclusions through and through do c. h. k. o. s. Asbestos not apply to damage by fire, lightning or
(1) "Bodily injury", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance applies to this coverage as described in (2) Any damages, judgments, settlements, Section - Liability And Medical Expenses D. loss, costs or expenses that: Limits Of Insurance.

Form SS 00 08 04 05 Page 9 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM

2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured 2. Each of the following is also an insured: To any insured, except "volunteer workers". a. Employees And Volunteer Workers b. Hired Person
Your "volunteer workers" only while To a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured. your business, or your "employees", other c. Injury On Normally Occupied Premises than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by
you or while performing duties related to To a person, whether or not an the conduct of your business. "employee" of any insured, if benefits for However, none of these "employees" or the "bodily injury" are payable or must be provided under a workers' compensation "volunteer workers" are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury":

To a person injured while practicing, (a) To you, to your partners or members (if you are a partnership instructing or participating in any physical exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability
company), or to a co-"employee" f. Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other "volunteer workers" while Excluded under Business Liability Coverage. performing duties related to the C. WHO IS AN INSURED conduct of your business;

1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- "employee" or that "volunteer insureds, but only with respect to the conduct of a business of which you are the worker" as a consequence of Paragraph above; (1)(a) sole owner.
b. A partnership or joint venture, you are an (c) For which there is any obligation to share damages with or repay insured. Your members, your partners, and someone else who must pay their spouses are also insureds, but only with damages because of the injury respect to the conduct of your business. described in Paragraphs or (1)(a) c. A limited liability company, you are an (b) above; or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care services, Paragraph does not apply (d) joint venture or limited liability company, you are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by you to provide such services. to their duties as your officers or directors.

Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(b) b. Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such equipment along a public highway with your c. Temporary Custodians Of Your permission. Any other person or organization Property responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to: (2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance.

5. Operator of Nonowned Watercraft e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of more than 50% of the voting stock on the insured while operating such watercraft with your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, b. "Property damage" to property owned by, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs through below are additional a. f. or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a Any failure to make such (e) permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional (f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. – Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors
damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs or ; or (d) (f) "property damage" included within the "products-completed operations hazard". Such inspections, adjustments, (ii) tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions:
course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(1) Any person or organization from (b) Any express warranty whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or Political With respect to the insurance afforded to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but With respect to the insurance afforded (2) only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b) Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through . above, but only with e behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole In the performance of your (a) or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to This Coverage Part provides (ii) "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence Limit Supervisory, inspection,
architectural or engineering Subject to or above, whichever 2.a. 2.b activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section – Limits "property damage" and medical expenses D.

Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in the Declarations. insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses in Section – Liability And Medical Expenses because of "bodily injury" sustained by any E.

General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to above, the most we will pay for 2.b. company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations.

The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations" owned by or rented to you. b. The Limits of Insurance shown in the Declarations. "Location" means premises involving the
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad.









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this Immediately send us copies of any (1) policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph above. 3. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance.

No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other

1. Bankruptcy than for first aid, without our consent.

Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered

2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs and apply to you or to a. b. (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity.

Form SS 00 08 04 05 Page 15 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
This Paragraph applies separately to We have issued this policy in reliance f. (3) you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
This insurance is excess over any of the into a "suit" asking for damages from an other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability

5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion of g. a claim is made or "suit" is brought. Section – Coverages. A.

6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion of Section – k. A. (2) Those statements are based upon Coverages. representations you made to us; and









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages The total amount that all such other (1) arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and selfadded as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in applicable limit of insurance to the total c. below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs and do not apply to apply to Medical Expenses Coverage. (a) (b) other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

Form SS 00 08 04 05 Page 17 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section is C.
amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these Grantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you. Paragraph (Additional Insureds When Required 6. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section , Who Is An Insured, does not apply C. Equipment to the person or organization shown in the a. C. WHO IS AN INSURED under Section is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured – Lessor of Leased Equipment,

1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
and advertising injury" caused, in whole or WHO IS AN INSURED under Section is C. in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such the person(s) or organization(s) shown in the person(s) or organization(s). Declarations, but only with respect to liability for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. 5. Additional Insured - Owners Or Other In the performance of your ongoing operations; or Interests From Whom Land Has Been
Leased b. In connection with your premises owned
by or rented to you. a. C. WHO IS AN INSURED under Section is amended to include as an additional 2. Additional Insured - Managers Or Lessors insured the person(s) or organization(s) Of Premises shown in the Declarations as an Additional
a. C. WHO IS AN INSURED under Section is Insured – Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place after you cease to lease that land; or This insurance does not apply to:
(2) Structural alterations, new (1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision – Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section is C. amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
Insured – State Or Political Subdivision - Any failure to make such (e) Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of business, in connection with the b. With respect to the insurance afforded to distribution or sale of the products; these additional insureds, the following additional exclusions apply: (f) Demonstration, installation, servicing or repair operations, This insurance does not apply to: except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any

7. Additional Insured – Vendors other thing or substance by or for a. C. WHO IS AN INSURED under Section is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs or ; or (d) (f) provides coverage for "bodily injury" or (ii) Such inspections, "property damage" included within the adjustments, tests or servicing "products-completed operations hazard". as the vendor has agreed to b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with the distribution or sale of the (a) "Bodily injury" or "property products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured – Controlling Interest unauthorized by you; WHO IS AN INSURED under Section is C. (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured –
Controlling Interest, but only with respect to (d) Repackaging, unless unpacked their liability arising out of: solely for the purpose of inspection, demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container;
Form SS 00 08 04 05 Page 19 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section – Limits Of D. operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance

9. Additional Insured – Owners, Lessees Or is available to an additional insured is described in Contractors – Scheduled Person Or the Other Insurance Condition in Section – E.

Organization Liability And Medical Expenses General
a. C. WHO IS AN INSURED under Section is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional

1. "Advertisement" means the widespread public Insured – Owner, Lessees Or Contractors, but only with respect to liability for "bodily dissemination of information or images that has the purpose of inducing the sale of goods, injury", "property damage" or "personal and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or b. The Internet, but only that part of a web (2) In connection with "your work" site that is about goods, products or performed for that additional insured services for the purposes of inducing the and included within the "products- sale of goods, products or services; or completed operations hazard", but only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or

2. "Advertising idea" means any idea for an the failure to render, any professional architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include "mobile equipment". 10. Additional Insured – Co-Owner Of Insured Premises 5. "Bodily injury" means physical:

WHO IS AN INSURED under Section is C. a. Injury;
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured – CoOwner Of Insured Premises, but only with sustained by a person and, if arising out of the above, mental anguish or death at any time. respect to their liability as co-owner of the premises shown in the Declarations. 6. "Coverage territory" means:









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
a. b. The United States of America (including its You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work"; of travel or transportation between any or places included in above; a. b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: 12. "Insured contract" means:
(1) Goods or products made or sold by you a. A contract for a lease of premises. in the territory described in above; a.

However, that portion of the contract for a (2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in . a person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication – Liability and Medical Expenses Limits D. of Insurance. provided the insured's responsibility to pay damages is determined in the United States of A sidetrack agreement; b.

America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad;

7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property damage" to a third person or organization, 8. "Employee" includes a "leased worker". provided the "bodily injury" or "property "Employee" does not include a "temporary damage" is caused, in whole or in part, by worker". you or by those acting on your behalf. 9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar governing document. Paragraph includes that part of any f.

10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or

11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. a. It incorporates "your product" or "your work" that is known or thought to be defective, However, Paragraph does not include f. deficient, inadequate or dangerous; or that part of any contract or agreement:

Form SS 00 08 04 05 Page 21 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
(1) (1) That indemnifies an architect, Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of: (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers;
drawings, opinions, reports, e. a. b. c. d. Vehicles not described in , , , or surveys, field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions, following types:
or failing to give them, if that is the (1) Air compressors, pumps and primary cause of the injury or generators, including spraying, damage; or welding, building cleaning, (2) Under which the insured, if an geophysical exploration, lighting and architect, engineer or surveyor, well servicing equipment; or assumes liability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render f. a. b. c. d. Vehicles not described in , , , or professional services, including those above maintained primarily for purposes listed in above and supervisory, (1) other than the transportation of persons or inspection, architectural or cargo. engineering activities.

However, self-propelled vehicles with the 13. "Leased worker" means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment" but agreement between you and the labor leasing will be considered "autos": firm, to perform duties related to the conduct of your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds include a "temporary worker". gross vehicle weight, designed primarily for: 14. "Loading or unloading" means the handling of property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning;
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft, chassis and used to raise or lower watercraft or "auto" to the place where it is workers; and finally delivered; (3) Air compressors, pumps and
but "loading or unloading" does not include the generators, including spraying, movement of property by means of a mechanical welding, building cleaning, device, other than a hand truck, that is not geophysical exploration, lighting and attached to the aircraft, watercraft or "auto". well servicing equipment.

15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident, including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own or rent; b. Malicious prosecution; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:









 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral, written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling, handling or distribution of "your organization or disparages a person's or product" for consumption on premises you organization's goods, products or services; own or rent. e. b. Oral, written or electronic publication of Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of:
privacy; (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement"; or operated by you, and that condition g. was created by the "loading or Infringement of copyright, slogan, or title of any literary or artistic work, in your unloading" of that vehicle by any "advertisement"; or insured; or
h. Discrimination or humiliation that results in (2) The existence of tools, uninstalled injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials.

18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled, property. All such loss of use shall be reconditioned or reclaimed. deemed to occur at the time of the

19. "Products-completed operations hazard"; physical injury that caused it; or a. b. Loss of use of tangible property that is not Includes all "bodily injury" and "property damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of "your shall be deemed to occur at the time of product" or "your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession; or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury", "property will be deemed to be completed at the damage" or "personal and advertising injury" earliest of the following times: to which this insurance applies are alleged. "Suit" includes: (a) When all of the work called for in your contract has been completed. a. An arbitration proceeding in which such damages are claimed and to which the (b) When all of the work to be done at insured must submit or does submit with the job site has been completed if our consent; or your contract calls for work at more than one job site. b. Any other alternative dispute resolution proceeding in which such damages are (c) When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent. intended use by any person or organization other than another 22. "Temporary worker" means a person who is contractor or subcontractor furnished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions.

23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of 24








 






PGCC 11-5-2025

BUSINESS LIABILITY COVERAGE FORM
b. (2) Donates his or her work; The providing of or failure to provide warnings or instructions. c. Acts at the direction of and within the scope of duties determined by you; and Does not include vending machines or c. d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work":

24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations.
(b) b. Others trading under your name; Includes:
or (1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work"; and
(2) (2) Containers (other than vehicles), The providing of or failure to provide materials, parts or equipment warnings or instructions. 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









 






PGCC 11-5-2025

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date:

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: Endorsement Number:

Effective Date: Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address:

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
:(&$%/

0XQLFLSDO 5HVRXUFH *URXS //&
05*

32 %2; 
:LOWRQ &$











 






PGCC 11-5-2025

Ϯ
/EdZKh/E'DZ'
DZ'ǁĂƐĨŽƵŶĚĞĚŝŶϮϬϬϵďLJŚŝŐŚůLJƐŬŝůůĞĚĂŶĚďƌŽĂĚůLJĞdžƉĞƌŝĞŶĐĞĚƉƌŽĨĞƐƐŝŽŶĂůƐ͘DZ' ŚĂƐĂ ƚĞĂŵŽĨƉƌŽĨĞƐƐŝŽŶĂůƐǁŚŽǁŽƌŬƚŽĂĚĚƌĞƐƐĐŚĂůůĞŶŐĞƐĨŽƌďŽƚŚƉƵďůŝĐĂŶĚƉƌŝǀĂƚĞƐĞĐƚŽƌĐůŝĞŶƚƐ͘ KƵƌϳϬĐŽŶƐƵůƚĂŶƚƐŚĂǀĞĞdžƚĞŶƐŝǀĞĞdžƉĞƌŝĞŶĐĞŝŶĂůůĂƐƉĞĐƚƐŽĨKƌŐĂŶŝnjĂƚŝŽŶĂůƐƐĞƐƐŵĞŶƚΘ ĞǀĞůŽƉŵĞŶƚ͕,ƵŵĂŶZĞƐŽƵƌĐĞƐ͕ŝŶĐůƵĚŝŶŐƐƚĂĨĨŝŶŐĂŶĚĞĨĨĞĐƚŝǀĞŶĞƐƐĂŶĂůLJƐĞƐ͘KƵƌƚĞĂŵŝƐ ĞdžƉĞƌŝĞŶĐĞĚŝŶǁŽƌŬŝŶŐǁŝƚŚĞůĞĐƚĞĚŽĨĨŝĐŝĂůƐ͕ĂŐĞŶĐLJĞdžĞĐƵƚŝǀĞƐ͕ŵĂŶĂŐĞƌƐ͕ĂŶĚƐƚĂĨĨ͘ DƵŶŝĐŝƉĂůZĞƐŽƵƌĐĞ'ƌŽƵƉ͕>>ŝƐĂŶĞdžƉĞƌŝĞŶĐĞĚ͕ĨƵůůͲƐĞƌǀŝĐĞĐŽŶƐƵůƚŝŶŐĨŝƌŵĚĞĚŝĐĂƚĞĚƚŽ ĂƐƐŝƐƚŝŶŐƉƵďůŝĐƐĞĐƚŽƌ ĂŐĞŶĐŝĞƐŝŶĂƚƚĂŝŶŝŶŐƚŚĞŝƌƐƚƌĂƚĞŐŝĐŐŽĂůƐ͘DZ'͛ƐĐŽŶƐƵůƚŝŶŐǁŽƌŬĨŽĐƵƐĞƐ ŽŶƚŚĞĨŝǀĞƉƌĂĐƚŝĐĞĂƌĞĂƐůŝƐƚĞĚďĞůŽǁ͘
DZ'͛ƐŽŶƐƵůƚŝŶŐWŚŝůŽƐŽƉŚLJ
ƐĂĐŽŶƐƵůƚŝŶŐĨŝƌŵ͕DZ'ďƌŝŶŐƐƚĂůĞŶƚĞĚĐŽŶƐƵůƚĂŶƚƐƚŽĂƐƐŝŐŶŵĞŶƚƐƚŽŵĞĞƚĐůŝĞŶƚƐ͛ŶĞĞĚƐ͘ DZ'ĚŝĨĨĞƌĞŶƚŝĂƚĞƐŝƚƐǁŽƌŬďĂƐĞĚŽŶƚŚĞĨŽůůŽǁŝŶŐĨŽƵƌƉƌŝŶĐŝƉůĞƐ͘ dƌƵƐƚĞĚĚǀŝƐŽƌƐ
DZ'ƉƌŝĚĞƐŝƚƐĞůĨŽŶďƵŝůĚŝŶŐůŽŶŐͲƚĞƌŵƌĞůĂƚŝŽŶƐŚŝƉƐǁŝƚŚĐůŝĞŶƚƐ ǁŚŽƚƵƌŶƚŽDZ'ĨŽƌŐƵŝĚĂŶĐĞĂŶĚĞdžƉĞƌƚŝƐĞ͘tĞǁŽƌŬĂƐ͞ƚƌƵƐƚĞĚ ĂĚǀŝƐŽƌƐ͕͟ǁŽƌŬŝŶŐĚŝƌĞĐƚůLJǁŝƚŚƚŚĞůĞĂĚĞƌƐŚŝƉŽĨŽƌŐĂŶŝnjĂƚŝŽŶƐƚŽ ŚĞůƉƚŚĞŵŵĂŶĂŐĞƚŚĞŝƌĐŽŵƉůĞdžŽƌŐĂŶŝnjĂƚŝŽŶƐĂŶĚĂĚũƵƐƚƚŽ ĐŚĂŶŐĞƚŚĂƚŝƐĐŽŶƐƚĂŶƚůLJŬŶŽĐŬŝŶŐŽŶƚŚĞĚŽŽƌ͘
ŽŵŵŝƚŵĞŶƚƚŽWƵďůŝĐ^ĞƌǀŝĐĞ
tĞŚĂǀĞĂůƐŽĐŚŽƐĞŶƚŽĨŽĐƵƐŽƵƌǁŽƌŬŽŶůŽĐĂů͕ƌĞŐŝŽŶĂů͕ĂŶĚ ƐƚĂƚĞĂŐĞŶĐŝĞƐƚŚĂƚĚĞůŝǀĞƌƉƵďůŝĐƐĞƌǀŝĐĞƚŽĐŽŵŵƵŶŝƚŝĞƐ͘ tĞƵŶĚĞƌƐƚĂŶĚƚŚĂƚŽƵƌĐůŝĞŶƚΖƐǁŽƌŬŝƐŝŵƉŽƌƚĂŶƚĂŶĚ
ŝŵƉĂĐƚĨƵů͕ĂŶĚŽƵƌŐŽĂůŝƐƚŽŚĞůƉŽƌŐĂŶŝnjĂƚŝŽŶƐĚŽƚŚĂƚ ǁŽƌŬǁŝƚŚŵŽƌĞŐƌĂĐĞ͕ĞĨĨĞĐƚŝǀĞŶĞƐƐ͕ĂŶĚĞĨĨŝĐŝĞŶĐLJ͘
dƌƵƐƚĞĚĚǀŝƐŽƌ
ŽŵŵŝƚŵĞŶƚƚŽWƵďůŝĐ^ĞƌǀŝĐĞ
WĂƌƚŶĞƌƐŚŝƉĨŽƌ/ŵƉĂĐƚ
DĂŶĂŐĞŵĞŶƚWƌĂĐƚŝƚŝŽŶĞƌƐн
>ĞĂĚĞƌƐŚŝƉŽĂĐŚ
^ƚƌĂƚĞŐŝĐKƌŐĂŶŝnjĂƚŝŽŶĂů
ĞǀĞůŽƉŵĞŶƚ








 






PGCC 11-5-2025

ϯ
WĂƌƚŶĞƌƐŚŝƉĨŽƌ/ŵƉĂĐƚ
ƐƐĞĂƐŽŶĞĚĞdžĞĐƵƚŝǀĞůĞĂĚĞƌƐŽƵƌƐĞůǀĞƐ͕ǁĞŚĂǀĞŶŽŝŶƚĞƌĞƐƚŝŶǁƌŝƚŝŶŐƌĞƉŽƌƚƐƚŚĂƚƐŝƚŽŶ ƐŚĞůǀĞƐŽƌĂƌĞŶŽƚƌĞĂůŝƚLJͲďĂƐĞĚĨŽƌĂĐƚŝŽŶ͘DZ'ŶĞĞĚƐƚŽǁŽƌŬŝŶĂĐŽŶƐƵůƚĂƚŝǀĞƉĂƌƚŶĞƌƐŚŝƉ ĚŝƌĞĐƚůLJǁŝƚŚŵĂŶĂŐĞŵĞŶƚƚŽĞŶƐƵƌĞƚŚĂƚŽƌŐĂŶŝnjĂƚŝŽŶĂůŝŵƉĂĐƚŽĐĐƵƌƐ͘tĞƐĞĞŽƵƌƌŽůĞĂƐƚƌƵĞ ƉĂƌƚŶĞƌƐǁŝƚŚƚŚĞůĞĂĚĞƌƐŚŝƉƚĞĂŵ͕ǁŽƌŬŝŶŐƉƌŽĚƵĐƚŝǀĞůLJƚŽŚĞůƉLJŽƵĨŝŶĚƐŽůƵƚŝŽŶƐĨŽƌ ĂĐƚŝŽŶĂďůĞŝŵƉĂĐƚŝŶLJŽƵƌŽƌŐĂŶŝnjĂƚŝŽŶ͘
dĞĂŵŽĨDĂŶĂŐĞŵĞŶƚWƌĂĐƚŝƚŝŽŶĞƌƐн
džĞĐƵƚŝǀĞ>ĞĂĚĞƌƐŚŝƉŽĂĐŚ
dŽĚĂLJ͛ƐŽƌŐĂŶŝnjĂƚŝŽŶƐƌĞƋƵŝƌĞĂƌŽďƵƐƚƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨƉĞŽƉůĞĂŶĚƚĞĂŵƐ͕ƉůƵƐƚĂůĞŶƚĞĚ ŵĂŶĂŐĞŵĞŶƚĂŶĚůĞĂĚĞƌƐŚŝƉ͘dŚĞŬĞLJƚŽĂŶŽƌŐĂŶŝnjĂƚŝŽŶ͛ƐƐƵĐĐĞƐƐŝƐƚŚĞŝŶƚĞŐƌĂƚŝŽŶŽĨĐŽŶƚƌŽů͕ ǁŚŝĐŚĐƌĞĂƚĞƐǀĂůƵĞ;ĞĨĨŝĐŝĞŶĐLJ͕ĞĨĨĞĐƚŝǀĞŶĞƐƐ͕ĞŵƉŽǁĞƌŵĞŶƚͿ͕ĂŶĚůĞĂĚĞƌƐŚŝƉ͕ǁŚŝĐŚŝŶƐƉŝƌĞƐ ĐŚĂŶŐĞĂŶĚĂĐŽůůĞĐƚŝǀĞǀŝƐŝŽŶ͘LJďƌŝŶŐŝŶŐĂĐŽŶƐƵůƚĂŶƚƚĞĂŵǁŝƚŚŵĂŶĂŐĞŵĞŶƚƉůƵƐůĞĂĚĞƌƐŚŝƉ ĐŽĂĐŚŝŶŐĞdžƉĞƌƚŝƐĞ͕DZ'ĐĂŶĚĞůŝǀĞƌƚŽŽůƐ͕ƉĞƌƐƉĞĐƚŝǀĞƐ͕ĂŶĚƉĂƌĂĚŝŐŵƐĨŽƌƚŚĞĐŽŶƚŝŶƵĞĚ ƐƵƉƉŽƌƚŽĨĂŶŽƌŐĂŶŝnjĂƚŝŽŶ͛ƐůĞĂĚĞƌƐŚŝƉƚĞĂŵ͘
^ƚƌĂƚĞŐŝĐKƌŐĂŶŝnjĂƚŝŽŶĂůĞǀĞůŽƉŵĞŶƚ
KƌŐĂŶŝnjĂƚŝŽŶƐĂƌĞĐŽŵƉůĞdž͕ŵƵůƚŝͲĨĂĐĞƚĞĚŽƌŐĂŶŝƐŵƐƚŚĂƚƚĂŬĞƚŝŵĞĂŶĚƐƚƌĂƚĞŐLJƚŽĚĞǀĞůŽƉĂŶĚ ƐŚĂƉĞ͘tŚŝůĞĞŵƉůŽLJĞĞƐĂƌĞĨŽĐƵƐĞĚŽŶĚĞůŝǀĞƌŝŶŐƐĞƌǀŝĐĞƐ͕ƚŚĞƌĞŝƐ͞ĐĂƌĞĂŶĚĨĞĞĚŝŶŐ͟ŽĨƚŚĞ ŽƌŐĂŶŝnjĂƚŝŽŶ͕ƐƚƌƵĐƚƵƌĞ͕ĂŶĚƐLJƐƚĞŵƐƚŚĂƚŶĞĞĚƚŽďĞĚŽŶĞƚŽƐƵƉƉŽƌƚƚŚĞǁŽƌŬĨŽƌĐĞ͕ŵŽůĚ ĐƵůƚƵƌĞ͕ĂŶĚĚĞůŝǀĞƌƐĞƌǀŝĐĞƐͬŵŝƐƐŝŽŶ͘DZ'ďƌŝŶŐƐĚĞĞƉŽƌŐĂŶŝnjĂƚŝŽŶĂůĚĞǀĞůŽƉŵĞŶƚĂŶĚŚƵŵĂŶ ƌĞƐŽƵƌĐĞƐĞdžƉĞƌŝĞŶĐĞƚŽŚĞůƉŽƌŐĂŶŝnjĂƚŝŽŶƐŝŶǀĞƐƚŝŶƚŚĞŝƌŽƉĞƌĂƚŝŽŶƐΖƐƚƌĂƚĞŐŝĐ͕ŚĂŶĚƐͲŽŶ ĚĞǀĞůŽƉŵĞŶƚ͘
^KW
K&tKZ<
ŝƚLJŽĨWĂĐŝĨŝĐ'ƌŽǀĞ
ŝƚLJͲǁŝĚĞKƌŐĂŶŝnjĂƚŝŽŶĂůŝĂŐŶŽƐƚŝĐĂŶĚ
KƌŐĂŶŝnjĂƚŝŽŶĂůĂŶĚ^ƚĂĨĨŝŶŐƐƐĞƐƐŵĞŶƚŽĨƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚ dŚĞŝƚLJŽĨWĂĐŝĮĐ'ƌŽǀĞŝƐŝŶƚĞƌĞƐƚĞĚŝŶŚŝƌŝŶŐĂĮƌŵƚŽĐŽŶĚƵĐƚĂĐŽŵƉƌĞŚĞŶƐŝǀĞŝƚLJͲǁŝĚĞ ŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚ͘/ƚŝƐƵŶĚĞƌƐƚŽŽĚƚŚĂƚƚŚŝƐĞīŽƌƚĐŽƵůĚďĞĂŵƵůƟͲ LJĞĂƌƉƌŽũĞĐƚĚƵĞƚŽĐŽƐƚ͕ƟŵĞĐŽŶƐƚƌĂŝŶƚƐ͕ĂŶĚŝŵƉĂĐƚƚŽƚŚĞŽƌŐĂŶŝnjĂƟŽŶ͘ƐƐƵĐŚ͕ƚŚĞŝƚLJŚĂƐ ƌĞƋƵĞƐƚĞĚDZ'ƚŽƉƌŽǀŝĚĞĂƉƌŽƉŽƐĂůƚŽĐŽŶĚƵĐƚĂŶŝŶŝƟĂůĐŝƚLJͲǁŝĚĞŽƌŐĂŶŝnjĂƟŽŶĂůĚŝĂŐŶŽƐƟĐ ĨŽůůŽǁĞĚďLJĂĚĞĞƉĞƌŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚŽĨƚŚĞWƵďůŝĐtŽƌŬƐ ĞƉĂƌƚŵĞŶƚ͘dŚĞƐĞƚǁŽĞīŽƌƚƐǁŽƵůĚďĞWŚĂƐĞϭĂŶĚWŚĂƐĞϮŽĨĂŵƵůƟͲƉŚĂƐĞĂƉƉƌŽĂĐŚƚŽ ĂƐƐĞƐƐŝŶŐƚŚĞĞŶƟƌĞŽƌŐĂŶŝnjĂƟŽŶ͘dŚĞƉƌŝŵĂƌLJƉƵƌƉŽƐĞŽĨƚŚĞŝŶŝƚŝĂůĐŝƚLJͲǁŝĚĞŽƌŐĂŶŝnjĂƚŝŽŶĂů ĚŝĂŐŶŽƐƚŝĐŝƐƚŽŝĚĞŶƚŝĨLJŐĂƉƐŝŶƐĞƌǀŝĐĞĂŶĚŽƉĞƌĂƚŝŽŶĂůĐŚĂůůĞŶŐĞƐĂƚƚŚĞĚĞƉĂƌƚŵĞŶƚůĞǀĞůƐŽ ƚŚĂƚĨƵƚƵƌĞŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚƐĨŽƌĞĂĐŚŝƚLJĚĞƉĂƌƚŵĞŶƚĐĂŶďĞ ƉƌŝŽƌŝƟnjĞĚ͘dŚĞŝƚLJƉƌŝŽƌŝƟnjĞĚƚŚĞWƵďůŝĐtŽƌŬƐĞƉĂƌƚŵĞŶƚĂƐƚŚĞĮƌƐƚĚĞƉĂƌƚŵĞŶƚƚŽƵŶĚĞƌŐŽ ƚŚĞŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚ͘
dŚĞƉƵƌƉŽƐĞŽĨƚŚĞŽƌŐĂŶŝnjĂƟŽŶĂůĂŶĚƐƚĂĸŶŐůĞǀĞůĂƐƐĞƐƐŵĞŶƚĨŽƌƚŚĞWƵďůŝĐtŽƌŬƐ ĞƉĂƌƚŵĞŶƚŝƐƚŽƉƌŽǀŝĚĞƚŚĞŝƚLJǁŝƚŚĂƐŶĂƉƐŚŽƚŽĨŽďƐĞƌǀĂƚŝŽŶƐĂŶĚƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ 







 






PGCC 11-5-2025